A/HRC/WG.7/2/2 II. Explanatory memorandum Preamble 1. The wording is inspired by the preambles to the Convention on the Rights of the Child and the first Optional Protocol to the International Covenant on Civil and Political Rights, the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women and the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The Optional Protocol to the Convention on the Rights of Persons with Disabilities has no preamble. 2. This is the derivation of the paragraphs in the draft: First preambular paragraph: First preambular paragraph of the Convention on the Rights of the Child and the first preambular paragraph of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; Second preambular paragraph: Second preambular paragraph of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (similar to the second preambular paragraph of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women); Third preambular paragraph: Fourth preambular paragraph of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights; Fourth preambular paragraph: Inspired by the Human Rights Council resolutions on the Optional Protocol to the Convention on the Rights of the Child to provide a communications procedure (fifth preambular paragraph of Council resolution 11/1 and the fourth preambular paragraph of resolution 13/3); Fifth preambular paragraph: During the first session of the Open-ended Working Group on an Optional Protocol to the Convention on the Rights of the Child to provide a communications procedure in December 2009, the importance of encouraging the development of effective remedies for violations of children’s rights at the national level was raised, including through the development of national human rights institutions for children, children’s ombudspersons and similar institutions. This was also promoted in Council resolution 10/14 on the rights of the child, in particular in paragraphs 10 and 11; Sixth preambular paragraph: Inspired by the first preambular paragraph of the first Optional Protocol to the International Covenant on Civil and Political Rights and the sixth preambular paragraph of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. Article 1 Competence of the Committee on the Rights of the Child to receive and consider communications 3. Paragraph 1 is a standard provision, included with slight variations in the four existing optional protocols and also in the provisions of four conventions that provide communications procedures. 4. Paragraph 2 responds to discussions at the Working Group’s first session, when it was stressed by experts and State representatives that the communications procedure for the GE.10-15781 11

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