A/HRC/17/36
allowing States to opt in “at any time” and not just at the moment of ratification or
accession. Some delegations, UNICEF, national human rights institutions and nongovernmental organizations were against any optional clauses. Some considered that
“recurring violations” was not a sufficiently defined concept. Numerous delegations
maintained that they could not support a collective communications procedure, even as an
opt-in provision.
I.
Admissibility11
51.
Most delegations expressed the view that communications should be submitted to
the Committee in writing. Others suggested that other forms of communication, such as
videotapes, should be accepted, as many children were not in a position to make written
submissions. Several delegations stated that the initial submission should be in writing in
order to verify, inter alia, the author’s identity, the authorization to submit a communication
on behalf of the victim and the authenticity of a communication; however, additional
evidence should be admitted also in non-written formats. One delegation questioned
whether the Committee had the necessary resources to ascertain the authenticity of nonwritten evidence.
52.
Many delegations upheld the principle that complainants should have the possibility
of submitting evidential material in a non-written form. While several delegations, nongovernmental organizations and experts held the view that this principle should be stated in
the protocol, other delegations proposed to leave it to the rules of procedure. In the view of
one delegation, the provision according to which the Committee should consider
communications “in the light of all documentation submitted to it” sufficiently covered the
possibility of receiving non-written evidence. A few delegations wondered whether the
Committee would hold oral hearings.
53.
Experts, including Committee members, expected that the vast majority of
communications would be received in writing. However, they observed that the Committee
would not wish to close the door on other possible formats, as children without assistance
might need more flexible accommodation. The Committee should therefore not be bound
by a strict admissibility requirement of submission in writing. It was recalled that the
11
14
Article 9 of the revised proposal:
“The Committee shall consider a communication inadmissible when:
(a) The communication is anonymous;
(b) The communication is not in writing. This is without prejudice to non written materials that
could be submitted in support of the allegations contained in the communication;
(c) 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;
(d) 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;
(e) 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 provide effective
reparation. 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;
(f) The communication is manifestly ill-founded or not sufficiently substantiated;
(g) 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.
(h) The communication is not submitted within one year after the exhaustion of domestic
remedies, except in cases where the author can demonstrate that it had not been possible to submit
the communication within that time limit.”
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