A/HRC/WG.7/2/2
rules of procedure developed by treaty bodies appear to allow for the identity of
petitioner(s) to be kept confidential from States and others. This is particularly important
for children as vulnerable individuals (see article 14 (6) (a) of the International Convention
on the Elimination of All Forms of Racial Discrimination).
Article 7
Friendly settlement
22.
Article 7 is derived from agreed language in article 7 of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights; also in relation to interState communications, in article 10 (1) (d) of the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights, article 41 (1) (e) of the International
Covenant on Civil and Political Rights, article 21 (1) (e) of the Convention against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment and article 76 (1) (d) of
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families. This enables the Committee to play a proactive role in
encouraging an agreed resolution of the issue raised in the communication, without a
prolonged examination.
Article 8
Consideration of the merits
23.
Paragraph 1 is a standard provision (for example, see article 5 of the first Optional
Protocol to the International Covenant on Civil and Political Rights, article 7 of the
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women and article 8 of the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights).
24.
Paragraph 2 is derived from agreed language in article 8 (1) of the Optional Protocol
to the International Covenant on Economic, Social and Cultural Rights.
25.
Paragraph 3 is derived from agreed language in article 8 (3) of the Optional Protocol
to the International Covenant on Economic, Social and Cultural Rights, allowing the
Committee to consult a range of material from other United Nations and United Nationsrelated bodies and international bodies, including, for example, relevant decisions of
regional human rights mechanisms, in addition of course to observations and comments
from the State concerned. Similar provisions have been included in the rules of procedure
for the Convention on the Elimination of All Forms of Discrimination against Women, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment and the Committee on the Elimination of All Forms of Racial Discrimination.
Paragraph 3 could be deleted and instead reflected in the rules of procedure to be adopted
by the Committee. Rule 72 (2) of the rules of procedure of the Convention on the
Elimination of All Forms of Discrimination against Women states:
The Committee or the working group set up by it to consider a communication may,
at any time in the course of the examination, obtain through the Secretary-General
any documentation from organizations in the United Nations system or other bodies
that may assist in the disposal of the communication, provided that the Committee
shall afford each party an opportunity to comment on such documentation or
information within fixed time limits.
Similarly, Rule 112 (2) of the rules of procedure of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment states that: “The Committee,
16
GE.10-15781
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents