A/HRC/WG.7/2/2
paragraph 5 is added to ensure that, in such cases, the Committee applies the best interest
principle. This reflects the principle identified by the Committee in article 3 (1) of the
Convention on the Rights of the Child. Another option could be to include this provision in
the rules of procedure, which the Committee will develop regarding the communications
procedure before the Protocol comes into use.
8.
Extending the communications procedure to cover the provisions in the two existing
Optional Protocols to the Convention on the Rights of the Child is consistent with the only
existing parallel: the second Optional Protocol to the International Covenant on Civil and
Political Rights, aiming at the abolition of the death penalty. It extends the competence of
the Human Rights Committee to cover communications concerning its provisions (art. 5),
unless States make a contrary statement on ratification or accession (article 5 of the second
Optional Protocol to the International Covenant on Civil and Political Rights:
With respect to the States parties to the first Optional Protocol to the International
Covenant on Civil and Political Rights adopted on 16 December 1966, the
competence of the Human Rights Committee to receive and consider
communications from individuals subject to its jurisdiction shall extend to the
provisions of the present Protocol, unless the State party concerned has made a
statement to the contrary at the moment of ratification or accession).
Article 3
Collective communications
9.
Experts at the first session of the Working Group encouraged States to consider
including provisions allowing “collective communications”, defined in this context as
communications alleging grave or systematic violations of any of the rights set forth in the
Convention and/or the Optional Protocols thereto, without the identification of individual
victims. This was strongly advocated by experts consulted during the preparation of the
present draft, in particular during the expert consultations in Geneva in June 2010.
10.
The issue of collective communications is not totally new within the framework of
the United Nations standard setting; it was already discussed during the negotiations on 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.
11.
In the present draft, it is suggested that the Committee should be able to consider
collective communications from national human rights institutions or ombudsman
institutions and non-governmental organizations in consultative status with the Economic
and Social Council and from, with particular competence in the matters covered by the
Convention and the Optional Protocols thereto, leaving it to the Committee to determine
whether the body should be approved for this purpose. Further criteria for approval could
be defined in the Committee’s rules of procedure.
12.
Regional human rights mechanisms in Europe and Africa allow for the submission
of collective complaints. In the Council of Europe, the Additional Protocol to the European
Social Charter providing for a system of collective complaints was opened for signature in
1995 and came into force in 1998. It enables the European Committee of Social Rights to
consider communications made by certain organizations approved for the purpose, alleging
unsatisfactory application of the Charter. A State can also declare that it recognizes the
right of national non-governmental organizations within its jurisdiction and that have
particular competence in the matters governed by the Charter to lodge complaints against it.
GE.10-15781
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