A/HRC/17/36
Child and under the 1995 Additional Protocol to the European Social Charter. He also
recalled that the inclusion of a collective communications procedure had been discussed but
rejected during the negotiations on the Optional Protocols to the Convention on the
Elimination of All Forms of Discrimination against Women and to the International
Covenant on Economic, Social and Cultural Rights.
48.
Numerous delegations declared that they were not in favour of including a provision
in the optional protocol that would extend the competence of the Committee to the
examination of collective communications. They said, inter alia, that such a provision was
without precedent, represented no added value as no protection gap existed, that it
overlapped with the inquiry procedure for grave or systematic violations and, to a large
extent, with the reporting procedure, and that the provision on individual communications
already envisaged the submission of communications by groups of individuals. Both the
individual communication and the inquiry procedure could ultimately lead to the
amendment of laws and policies. They saw more merit in keeping the inquiry procedure,
which existed also in other instruments. Collective communications also posed difficulties
in terms of exhaustion of domestic remedies, as victims could not be easily identified. They
would result in abstract proceedings, undermine the right to response of States and,
ultimately, the integrity of the communications procedure. Some argued that having to deal
with collective communications would overstretch the Committee’s limited time and
resources. Questions were asked as to what should be understood by “grave and
systematic”. These delegations similarly highlighted the need to ensure broad adhesion to
the draft optional protocol, which would not be favoured with the inclusion of a provision
allowing collective communications. A problem exposed by many States was also the lack
of clarity with regard to the fulfilment of the requirement of exhaustion of domestic
remedies for collective complaints.
49.
A number of delegations, experts, including members of the Committee on the
Rights of the Child, national human rights institutions, UNICEF and non-governmental
organizations, were in favour of such a provision, as they felt that it filled a gap in the
protection mechanisms. They considered that collective communications could play a
preventive role; prevent the Committee from having to examine identical individual
communications separately and therefore reduce the caseload; eliminate the difficulty of
identifying individual victims ready to submit their cases, and the re-victimization of the
children authors of such communications; would be particularly appropriate in connection
with children belonging to vulnerable groups, such as children in institutional settings, child
victims of prostitution or child victims of traditional practices as it would, inter alia, reduce
the risk of reprisals. They said that there was no overlap between the collective
communications and the inquiry procedure, and stressed the positive impact they could
have on the interpretation of the Convention by the Committee. These delegations
proposed, inter alia, that the possibility of submitting collective communications should not
be limited to non-governmental organizations with consultative status with the Economic
and Social Council, but be open to non-governmental organizations constituted under the
national legal systems. National human rights institutions welcomed the possibility for
them to submit collective communications and suggested including a reference to the Paris
Principles. Such a reference was considered too limitative by some delegations. It was
suggested that collective communications should not be limited to cases of “grave or
systematic violations” but to “recurring violations” or “violations of rights of multiple
victims”. Some suggested that the provision on collective communications should include
an opt-in or an opt-out clause.
50.
Some delegations supported the proposal presented by the Chairperson-Rapporteur
allowing States to accept collective communications by opting in at the time of signature or
ratification of or accession to the protocol and lowering the threshold to “recurring
violations affecting multiple individuals”. Others preferred an opt-out clause or at least
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