A/HRC/17/36
I.
Introduction
1.
The Human Rights Council decided, in its resolution 11/1, to establish an openended working group 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. Pursuant to that
resolution, the Working Group met from 16 to 18 December 2009 and submitted its report
(A/HRC/13/43) to the Council at its thirteenth session.
2.
In its resolution 13/3, the Human Rights Council decided to extend the mandate of
the Open-ended Working Group until its seventeenth session. It also decided to mandate the
Working Group to elaborate an optional protocol to the Convention on the Rights of the
Child to provide a communications procedure. In this regard, the Council requested the
Chairperson of the Working Group to prepare a proposal for a draft optional protocol to be
used as a basis for the negotiations, taking into account the views expressed and inputs
provided during the first session of the Working Group and giving due regard to the views
of the Committee on the Rights of the Child and, where appropriate, the views of relevant
United Nations special procedures and other experts.
3.
The second session of the Working Group was held in two parts: from 6 to 10
December 2010, and from 10 to 16 February 2011.1
4.
The session was opened by the United Nations High Commissioner for Human
Rights, on 6 December 2010. The High Commissioner expressed her interest and that of her
Office in the mandate of the Working Group. She firmly believed that litigation and the
examination of communications from individuals at the regional and international levels
could make a vital contribution to the understanding of the substantive content of
international norms and lead to real change not only for the individuals directly concerned
but for all those protected by the rights guaranteed in the treaties. She was convinced that
regional and international remedies also provided a strong incentive for strengthening
national protection mechanisms. The future optional protocol would serve the same
purpose, thus improving access to remedies and relief for victims.
5.
The High Commissioner informed the Working Group that, in support for its
mandate and upon the initiative of the Chairperson of the Committee on the Rights of the
Child, her Office had organized, in June 2010, an expert consultation, where most of the
relevant issues regarding the optional protocol were discussed. For two days, experts on
litigation on children issues shared their experience and expressed their views with regard
to the possible content of the future optional protocol. While acknowledging the merits of
existing communication procedures and their valuable contribution to the development of a
rich body of international jurisprudence, experts were generally in favour of an optional
protocol that was innovative, suited to the needs of children and that would take into
account the main principles enshrined in the Convention. They considered, inter alia, that
the communications procedure should be transparent and that measures should be taken to
ensure wide dissemination among potential users. Consistent with the campaign for their
universal ratification, the optional protocol should apply to the rights protected under the
Convention and the two optional protocols thereto. Experts were generally in favour of
including provisions allowing the Committee to examine both individual and collective
communications, as well as of including a provision by which no reservation to the optional
protocol would be allowed. They believed that the Committee should have the competence
1
The Working Group was unable to meet on the morning of 14 February 2011 owing to lack of
interpretation services, a situation regarding which the Chairperson expressed concern.
3
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