A/HRC/WG.7/2/3
(a)
There is a need to establish an individual complaints procedure to
complement the current functions of the Committee on the Rights of the Child;
(b)
Children, whether as individuals or as part of a group, should be able to
submit complaints directly to the Committee; issues regarding representation, possible
conflicts of interest, quality of representation and confidentiality of the procedure versus
publicity should be dealt with in the optional protocol;
(c)
Experts were generally in favour of an optional protocol that is flexible,
innovative, suited to the needs of children and takes into account the main principles
enshrined in the Convention on the Rights of the Child;
(d)
Experts were in favour of including the possibility of collective complaints in
the optional protocol; different modalities could be envisaged, including the model of the
European Social Charter;
(e)
The procedure should be transparent and disseminated broadly among
potential users;
(f)
Consistent with the campaign for their universal ratification, the optional
protocol should encompass the Convention and its two existing protocols;
(g)
Regarding reservations, experts were generally in favour of following the
model of the Convention on the Elimination of All Forms of Discrimination against
Women, i.e., including a provision by which no reservations to the optional protocol would
be allowed;
(h)
The possibility that the Committee request interim measures should be
contemplated, along with a call for States parties to take measures as a result of the request;
(i)
Concerning the time limit for the submission of communications to the
Committee after exhaustion of domestic remedies, no support for a fixed time limit was
expressed;
(j)
Any friendly settlement procedure must ensure that the interests of the child
are taken fully into consideration;
(k)
An inquiry procedure would strengthen the optional protocol and the
Committee’s jurisprudence;
(l)
The optional protocol should reflect the fact that national institutions can play
a positive role in the communication procedure, but due account should be taken of their
diversity.
4.
Following the expert consultation, the Chairperson-Rapporteur of the Open-ended
Working Group, in compliance with resolution 13/3, prepared a proposal for the draft
optional protocol to be used as a basis for the forthcoming negotiations
(A/HRC/WG.7/2/2).
5.
The Committee very much welcomes the proposal and its comprehensive approach.
It commends the Chairperson-Rapporteur for his efforts, transparency and spirit of
compromise in preparing it. The Committee also welcomes the fact that the proposal seeks
to ensure consistency and coherence with respect to existing instruments and, to a great
extent, uses agreed language from similar optional protocols and relevant provisions of
existing human rights treaties. The Committee wishes nevertheless to comment on certain
provisions of the draft with a view to contributing to the future discussions at the Openended Working Group.
2
GE.10-16956
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