A/HRC/13/43
significantly to the overall protection of children’s rights. The procedure would take the
dependent nature of children and the principle of their evolving capacities into
consideration. Furthermore, the right to be heard at the international level would further
enhance the promotion and protection of the rights enshrined in the Convention.
28.
As for the timing, Ms. Lee recalled that children and their rights had been the subject
of attention by the international community since the League of Nations. Moreover, after
the adoption of the Optional Protocol to the International Covenant on Economic, Social
and Cultural Rights, the question of justiciability of these rights was no longer an issue. She
therefore believed that the time was ripe and that a communications procedure was long
overdue.
29.
Ms. Lee’s statement was followed by a debate in which many delegations indicated
the reasons which, in their view, justified the establishment of a communications procedure,
such as: the fact that many rights guaranteed by the Convention are not included in other
human rights treaties, and others are dealt with under the specific principles enshrined in
the Convention; claims regarding violations of the Convention should be dealt with by the
body with the appropriate expertise, i.e. the Committee on the Rights of the Child; the
procedure would be able to provide a remedy when national systems fail, as many countries
lacked appropriate redress mechanisms; the Committee would be in a unique position to
provide expert clarifications on complex issues regarding the implementation of the
Convention; the jurisprudence that would develop would greatly contribute to the
interpretation of the Convention; national mechanisms and bodies could benefit greatly
from that jurisprudence; the procedure would strengthen the status of children as rights
holders; there would be no interference with the national jurisdictions, as the exhaustion of
remedies would be required; the procedure would constitute an additional tool to reinforce
the monitoring of the Convention; it would also contribute to reinforce the State obligations
under the Convention and to strengthen national standards and policies.
30.
As for the timing, several delegations which took the floor agreed with the
arguments presented by Ms. Lee. Some underlined the fact that there was currently a strong
support for an optional protocol and that such momentum should not be missed. Others
found it difficult to identify the right time for it.
31.
When summing up the discussion the Chairperson-Rapporteur underlined some of
the reasons referred to by the speakers in favour of an optional protocol, including the fact
that the child is a holder of rights and that the Convention is the only treaty without a
communications procedure. Furthermore, the optional protocol would give content to the
right to be heard, provide an effective remedy and be a child sensitive mechanism. The
Committee’s jurisprudence would greatly contribute to the interpretation of the provisions
of the Convention and inspire regional and national bodies.
32.
On the timing, he noted the different views expressed. However, he recalled that it
was the responsibility of States parties to comply with the obligations and commitments
they had accepted when they ratified the Convention.
V. Existing international mechanisms, their efficiency and
accessibility for children: perspective of a special procedure
33.
The topic on existing international mechanisms was introduced by Najat Maalla
M’jid, Special Rapporteur on the sale of children, child prostitution, and child pornography.
34.
The Special Rapporteur explained the functioning of her mandate in dealing with
individual complaints, urgent appeals and country visits. She pointed out its limits, in
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