A/HRC/17/36
specificities of the Convention on the Rights of the Child and the special needs of children.
He expressed his intention not to lower the standards that had been set in the instruments
establishing those procedures. Numerous delegations welcomed the proposal as a sound
basis for the negotiations.
17.
Between the first and second part of the second session, the Chairperson met all five
regional groups in order to introduce the revised proposal and exchange preliminary views
on it. As a result, the Chairperson suggested some amendments to the revised proposal,
which were discussed during the second part of the session.
18.
Upon resuming the session on 10 February 2011, the Chairperson explained that his
aim was to finalize the negotiations on the optional protocol by the end of the session. In
introducing his revised proposal, he stated, inter alia, that following suggestions made
during the first part of the session, he had reorganized the text, which was now divided in
four parts. Part I (arts. 1 – 5), contained general provisions considered relevant in
connection with all procedures but that, in the initial proposal, were dispersed in different
articles throughout the text. Part II (arts. 6 – 15) described the communications procedure
for both individual and collective communications and inter-State communications. Part III
(arts. 16 – 17) described the inquiry procedure for grave or systematic violations. Part IV
(arts. 18 – 28) contained the final provisions.
19.
Delegations expressed their gratitude to the Chairperson for his cooperative work
with them between the two parts of the session and for the revised proposal. Most
delegations were of the view that the revised proposal was a sound basis to reach consensus
and expressed the wish that, by the end of the session on 16 February 2011, the Open-ended
Working Group would finish its negotiations. Other delegations indicated that the Working
Group might not be in a position to complete its mandate during the session.
A.
Preamble
20.
When discussing the text of the preamble contained in the initial proposal,2 most
States agreed that the non-discrimination clause contained in the second preambular
paragraph should refer to ethnic origin and disability. There was also agreement that the
preamble should make direct reference to the Convention on the Rights of the Child rather
than to the Universal Declaration of Human Rights.
21.
Most delegations were of the view that the overarching principle of the best interest
of the child should be reflected in the preamble, as well as the status of the child as a
subject of rights and as a human being with evolving capacities. The Committee and
national human rights institutions recommended the inclusion of a reference to dignity (“a
human being with dignity and with evolving capacities”). A majority of delegations also
expressed the wish to reflect in the preamble the need for the States parties to offer children
domestic remedies that offer child-sensitive procedures. Several delegations expressed the
wish for a reference to the fact that children’s special and dependent status may constitute
an obstacle to the pursuit of domestic remedies, recognizing the fact that it would not
always be the case.
22.
There was also agreement that the preamble should include a reference to the role of
national human rights institutions in the promotion and protection of the rights of the child.
State delegations also agreed that the complementary nature of the communications
procedure vis-à-vis both national jurisdictions and regional mechanisms should be
highlighted. It was found that the reference to access to effective remedies should only be
2
6
A/HRC/WG.7/2/2.
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