A/HRC/17/36
Annex
Draft optional protocol to the Convention on the Rights of
the Child to provide a communications procedure
The States parties to the present Protocol,
Considering that, in accordance with the principles proclaimed in the Charter of the
United Nations, the recognition of the inherent dignity and the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice and peace in the
world,
Noting that the States parties to the Convention on the Rights of the Child
(hereinafter referred to as the Convention) recognize the rights set forth in it to each child
within their jurisdiction without discrimination of any kind, irrespective of the child’s or his
or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability, birth or other status,
Reaffirming the universality, indivisibility, interdependence and interrelatedness of
all human rights and fundamental freedoms,
Reaffirming also the status of the child as a subject of rights and as a human being
with dignity and with evolving capacities,
Recognizing that children’s special and dependent status may create real difficulties
for them in pursuing remedies for violations of their rights,
Considering that the present Protocol will reinforce and complement national and
regional mechanisms allowing children to submit complaints for violations of their rights,
Recognizing that the best interests of the child should be a primary consideration to
be respected in pursuing remedies for violations of the rights of the child, and that such
remedies should take into account the need for child-sensitive procedures at all levels,
Encouraging States parties to develop appropriate national mechanisms to enable a
child whose rights have been violated to have access to effective remedies at the domestic
level,
Recalling the important role that national human rights institutions and other
relevant specialized institutions, mandated to promote and protect the rights of the child,
can play in this regard,
Considering that, in order to reinforce and complement such national mechanisms
and to further enhance the implementation of the Convention and, where applicable, the
Optional Protocols thereto on the sale of children, child prostitution and child pornography
and on the involvement of children in armed conflict, it would be appropriate to enable the
Committee on the Rights of the Child (hereinafter referred to as the Committee) to carry out
the functions provided for in the present Protocol,
Have agreed as follows:
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