A/HRC/WG.7/2/2
I. Proposal for a draft optional protocol to the Convention on
the Rights of the Child to provide a communications
procedure
Preamble
The States parties to the present Protocol,
Considering that, in accordance with the principles proclaimed in the Charter of the
United Nations, the recognition of the inherent dignity and the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace in the
world,
Noting that the Universal Declaration of Human Rights proclaims that all human
beings are born free and equal in dignity and rights, and that everyone is entitled to all the
rights and freedoms set forth therein, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth
or other status,
Reaffirming the universality, indivisibility, interdependence and interrelatedness of
all human rights and fundamental freedoms,
Recognizing that children’s special and dependent status creates real difficulties for
them in pursuing remedies for violations of their rights,
Encouraging States parties to develop appropriate legislative, administrative and
other measures, in accordance with article 4 of the Convention on the Rights of the Child,
to enable children and others acting on their behalf and in their best interests to have access
to effective remedies for violations of their rights, including, where appropriate, through the
establishment of national human rights institutions mandated to promote and safeguard the
rights of children,
Considering that, in order to achieve further the purposes of the Convention on the
Rights of the Child (hereinafter referred to as the Convention) and the implementation of its
provisions, it would be appropriate to enable the Committee on the Rights of the Child
(hereinafter referred to as the Committee) to carry out the functions provided for in the
present Protocol.
Have agreed as follows:
Article 1
Competence of the Committee on the Rights of the Child to receive and consider
communications
1.
A State party to the present Protocol recognizes the competence of the Committee to
receive and consider communications as provided for by the provisions of the present
Protocol.
2.
The Committee shall exercise the functions conferred on it by the present Protocol in
a manner that respects the rights of the child and ensures that the best interests of the child
are a primary consideration in all actions concerning the child.
GE.10-15781
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