A/HRC/WG.7/2/2
the Working Group or the rapporteur may at any time in the course of the examination
obtain any document from United Nations bodies, specialized agencies, or other sources
that may assist in the consideration of the complaint.” See also Rule 95 (2) of the rules of
procedure of the Committee on the Elimination of All Forms of Racial Discrimination.
26.
Paragraph 4 is a standard provision, the language being derived from article 6 of the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,
article 7 (2) of the Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women and from similar language found in article 5 (4) of the first
Optional Protocol to the International Covenant on Cultural and Political Rights, article 5 of
the Optional Protocol to the Convention on the Rights of Persons with Disabilities, article
22 (7) of the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, article 77 (7) of the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families and article 31 (5) of the
International Convention for the Protection of All Persons from Enforced Disappearance,
but with addition of “without delay” to emphasize again the need to process
communications concerning children as quickly as possible.
27.
Paragraph 5 requires the Committee to develop and publish rules of procedure,
augmenting its existing rules and relating to its functions under the Optional Protocol. The
language is derived from article 7 of the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination against Women, with the addition of a
reference to article 1 (2) of the present draft, requiring the Committee to exercise the
functions conferred on it by the present Protocol in a manner that respects the rights of the
child, including the principle that, in all actions concerning children, the best interest of the
child should be a primary consideration. The committees for all existing communications
procedures in force have developed and published rules of procedure.
Article 9
Follow-up to the views of the Committee
28.
Paragraph 1 uses agreed language from article 6 of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights (echoed in article 7 (4) of
the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women), but with a time limit of three rather than six months. Article 11 (1) of the
International Convention on the Elimination of All Forms of Racial Discrimination requires
the State concerned to respond within three months.
29.
Paragraph 2 concerns one possible method of follow-up to the Committee’s views
and recommendations (if any) adopted on a communication, derived from agreed language
in article 7 (5) of the Optional Protocol to the Convention on the Elimination of All Forms
of Discrimination against Women and article 9 (3) of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights. Various methods of
follow-up have also been developed by committees in their rules of procedure (see
HRI/ICM/2009/7).
Article 10
Inquiry procedure for grave or systematic violations
30.
Articles 10 and 11 of the present draft concern the competence of the Committee to
undertake inquiries when informed of grave or systematic violations of the Convention
and/or its optional protocols. The Optional Protocols to the Convention on the Elimination
GE.10-15781
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