A/HRC/WG.7/2/3
21.
Regarding article 10 (inquiry procedure), the Committee suggests that the
competence of the Committee to initiate inquiries concern situations of “grave and repeated
violations” rather than of “grave or systematic violations” of the Convention. The
Committee considers the term “systematic” to be too restrictive, as it suggests the existence
of a deliberate policy of the State aiming at violating children’s rights. Furthermore, a
provision should be added to this article indicating that the Committee would develop rules
defining criteria on “grave and repeated violations”.
22.
The Committee notes the inclusion in article 10, paragraph 7 (inquiry procedure for
grave or systematic violations) and article 12, paragraph 1 (inter-State communications) of
clauses giving States parties the possibility of limiting the competence of the Committee in
the exercise of its functions under the protocol. The Committee would encourage the
removal of these clauses in order to ensure that it can provide the same protection to all
children, irrespective of the country under whose jurisdiction they find themselves.
23.
The draft should include a provision to the effect that the Committee will adopt rules
of procedure and methods of work for the exercise of its functions under the optional
protocol.
III. Final remarks
24.
The Committee would like the Open-ended Working Group to take into
consideration the above comments, and remains available for further consultations at all
stages of the negotiation process. It hopes that the Working Group will fulfil its mandate
expeditiously and that the drafting process and approval of the final text by the Human
Rights Council and the General Assembly will be completed in 2011.
GE.10-16956
5
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