A/HRC/WG.7/2/2
matters covered by the Convention and the Optional Protocols thereto, to submit collective
communications as provided for in paragraph 1 of the present article.
Article 4
Admissibility
The Committee shall consider a communication inadmissible when:
(a)
The communication is anonymous;
(b)
The communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of the Convention and/or the
Optional Protocols thereto;
(c)
The same matter has already been examined by the Committee or has been or
is being examined under another procedure of international investigation or settlement;
(d)
All available domestic remedies have not been exhausted. This shall not be
the rule where the application of the remedies is unreasonably prolonged or unlikely to
bring effective relief. The Committee shall interpret the application of the remedies in a
manner sensitive to the impact that delays may cause to a child’s well-being and
development;
(e)
It is manifestly ill-founded or not sufficiently substantiated;
(f)
The facts that are the subject of the communication occurred prior to the
entry into force of the present Protocol for the State party concerned, unless those facts
continued after that date.
Article 5
Interim measures
1.
At any time after the receipt of a communication and before a determination on the
merits has been reached, the Committee may transmit to the State party concerned for its
urgent consideration a request that the State party take such interim measures as may be
necessary to avoid possible irreparable damage to the victim or victims of the alleged
violations.
2.
Where the Committee exercises its discretion under paragraph 1 of the present
article, this does not imply a determination on admissibility or on the merits of the
communication.
Article 6
Transmission of the communication
1.
Unless the Committee considers a communication inadmissible without reference to
the State party concerned, the Committee shall bring any communication submitted to it
under the present Protocol confidentially to the attention of the State party concerned as
soon as possible.
2.
The identity of any individual or group of individuals concerned shall not be
revealed to the State party or otherwise without the express consent of the individual or
individuals concerned.
GE.10-15781
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