A/HRC/WG.7/2/2
of All Forms of Discrimination against Women, the International Covenant on Economic,
Social and Cultural Rights and the Convention on the Rights of Persons with Disabilities,
as well as articles 20 and 28 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and article 33 of the International Convention for the
Protection of All Persons from Enforced Disappearance include provisions allowing
inquiries. The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, the Optional Protocol to the Convention on the Rights of
Persons with Disabilities and the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment allow a State to declare on ratification or accession
that it does not recognize the competence of the Committee to carry out such inquiries. In
the Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights, the onus is on States to make a declaration at any time recognizing the competence
of the Committee to undertake an inquiry.
31.
The language of article 10 is identical to that in article 8 of the Optional Protocol to
the Convention on the Elimination of All Forms of Discrimination against Women and
article 6 of the Optional Protocol to the Convention on the Rights of Persons with
Disabilities, except that, as in other articles, to ensure a rapid procedure in the best interest
of children, “without delay” has been added to paragraphs 1 and 4, and a time limit of three
months, rather than six, inserted in paragraph 5. Article 10 follows article 10 of the
Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women, article 8 of the Optional Protocol to the Convention on the Rights of
Persons with Disabilities and articles 20 and 28 of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, in that States not wishing to
be bound by this provision must make a specific declaration in that respect.
Article 11
Reporting on grave or systematic violations
32.
This follow-up procedure on inquiry is derived from agreed language in article 9 of
the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination
against Women, article 12 of the Optional Protocol to the International Covenant on
Economic, Social and Cultural Rights and article 7 of the Optional Protocol to the
Convention on the Rights of Persons with Disabilities.
Article 12
Inter-State communications
33.
Provisions allowing for inter-State communications are set out in article 10 of the
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights,
where it is an optional procedure; articles 41 to 43 of the International Covenant on Civil
and Political Rights and also in article 21 of the Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, article 11 of the International
Convention on the Elimination of All Forms of Racial Discrimination, article 76 of the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and article 32 of the International Convention for the Protection
of All Persons from Enforced Disappearance. It appears that there have been, as yet, no
inter-State communications under any of the instruments. The wording of the present article
is based on article 32 of the International Convention for the Protection of All Persons from
Enforced Disappearance.
18
GE.10-15781
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