A/HRC/WG.7/2/2
Elimination of All Forms of Discrimination against Women; article 3 of the Optional
Protocol to the International Covenant on Economic, Social and Cultural Rights; article 2 of
the Optional Protocol to the Convention on the Rights of Persons with Disabilities; article
22 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; article 14 of the International Convention on the Elimination of All Forms of
Racial Discrimination; article 77 of the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families; and article 31 of the
International Convention for the Protection of All Persons from Enforced Disappearance.
Article 5
Interim measures
18.
This is a standard provision in the Optional Protocols to the Convention on the
Elimination of All Forms of Discrimination against Women, the International Covenant on
Economic, Social and Cultural Rights and the Convention on the Rights of Persons with
Disabilities, from which article 6 is derived, and also in the International Convention for the
Protection of All Persons from Enforced Disappearance. It is provided for in the rules of
procedure of the Human Rights Committee, the Committee on the Elimination of All Forms
of Discrimination and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (for example, see Human Rights Committee rules of
procedure). Given the developmental status and vulnerability of children, it was strongly
argued at the first session of the Working Group for its inclusion in the new Optional
Protocol to the Convention on the Rights of the Child.
19.
Further details, including a child protection policy, could be included in the
Committee’s rules of procedure; this could be explicitly referred to in article 8 (5) of the
present draft.
Article 6
Transmission of the communication
20.
The existing procedures include various provisions defining the stages of
consideration of communications. More detailed provisions have been included in the rules
of procedure adopted by the respective committees. In the present draft, these stages are
defined in articles 6, 7 and 8.
21.
The general rule in article 6, paragraph 1, is that the Committee must bring the
communication confidentially to the attention of the relevant State party. Paragraph 1 is a
standard provision, although the parallel formulations in the existing instruments vary
slightly (for example see article 6 of the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women, article 4 of the first Optional
Protocol to the International Covenant on Civil and Political Rights, article 6 of the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights or
article 3 of the Optional Protocol to the Convention on the Rights of Persons with
Disabilities). Emphasis was placed during the first Working Group session on ensuring that
communications concerning children, given their developmental status, are processed
without delay. So article 6 requires the Committee on the Rights of the Child to bring the
communication to the attention of the State “as soon as possible” and includes a time limit
of three months for the State’s response. Article 4 of the present draft requires that
communications not be anonymous. Paragraph 2 of article 8 requires, however, that the
identity of any individual petitioner must not be disclosed to the State party, or otherwise,
without their consent. The provisions establishing some existing procedures together with
GE.10-15781
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