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
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