A/HRC/RES/13/3
general comment No. 12 (2009), in which the Committee stated that the right of all children
to be heard and taken seriously constitutes one of the fundamental values of the Convention
on the Rights of the Child,
Recalling the view of the Committee on the Rights of the Child, expressed by its
Chairperson in her oral report to the General Assembly at its sixty-third session, that the
development of a communications procedure for the Convention on the Rights of the Child
would significantly contribute to the overall protection of children’s rights,
1.
Takes note of the report on its first session, held in Geneva from 16 to 18
December 2009, of the Open-ended Working Group established under Human Rights
Council resolution 11/1 to explore the possibility of elaborating an optional protocol to the
Convention on the Rights of the Child to provide a communications procedure
complementary to the reporting procedure under the Convention (A/HRC/13/43);
2.
Decides to extend the mandate of the Open-ended Working Group until the
seventeenth session of the Council, and also decides that the Open-ended Working Group
shall meet for up to ten working days and report to the Council not later than at its
seventeenth session;
3.
Also decides to mandate the Open-ended Working Group to elaborate an
optional protocol to the Convention on the Rights of the Child to provide a communications
procedure and, in this regard, requests the Chairperson of the Open-ended Working Group
to prepare a proposal for a draft optional protocol, taking into account the views expressed
and inputs provided during the first session of the Working Group in December 2009 and
giving due regard to the views of the Committee on the Rights of the Child and, where
appropriate, to the views of relevant United Nations special procedures and other experts, to
be circulated by September 2010 in all the official languages of the United Nations with the
proposal for the draft optional protocol to be used as a basis for the forthcoming
negotiations;
4.
Further decides to invite a representative of the Committee on the Rights of
the Child to participate in the Open-ended Working Group as a resource person and, where
appropriate, relevant United Nations special procedures and other relevant independent
experts;
5.
Requests the Office of the United Nations High Commissioner for Human
Rights to update and publish the report of the Secretary-General on the comparative
summary of existing communications and inquiry procedures and practices under
international human rights instruments and under the United Nations system, published on
22 November 2004 (E/CN.4/2005/WG.23/2), and to present that report to the Council at its
fifteenth session;
6.
Requests the Secretary-General and the Office of the High Commissioner to
continue to provide the Open-ended Working Group with the assistance necessary for the
fulfilment of its mandate, in accordance with General Assembly resolution 64/245 of 24
December 2009 on special subjects relating to the proposed programme budget for the
biennium 2010–2011.
41st meeting
24 March 2010
[Adopted without a vote]
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