A/HRC/13/43 international protection mechanisms can contribute to strengthen mechanisms at the national level; the positive expectations at the national and regional levels should not be ignored; exhaustion of domestic remedies is necessary but only when they are effective and available and the proceedings are not unduly prolonged; national institutions should be empowered to bring children-related cases to court; and the need to further discuss the issue of collective complaints in connection with the future communications procedure. VII. The unique nature of the rights of the child and specific rights from the Convention on the Rights of the Child, including the right of the child to be heard 60. The topic on the unique nature of the rights of the child and specific rights from the Convention was introduced by Marta Santos Pais, Special Representative of the SecretaryGeneral on Violence against Children, and Jean Zermatten, Vice-Chairman of the Committee on the Rights of the Child. Ms. Santos Pais stated that the wealth of experience developed over 20 years, including a change towards the perception of children as rightsholders, relevant institutional and legal reforms and a comprehensive evaluation of the work of regional and national mechanisms, could provide useful guidance to the discussion. 61. Ms. Santos Pais explained how a communications procedure would be relevant for her mandate. As the Secretary-General’s Study on Violence against Children showed, violence against children persisted, often as a hidden phenomenon largely accepted by society. As a result, children feared reporting, particularly in the absence of effective remedies at the national level. It was therefore essential that appropriate mechanisms be established at the national level, to be further complemented by a communications procedure under the Convention, as recommended in the Study. While building on existing international norms and standards, that procedure would: contribute to the preservation of the holistic nature of the Convention; take into account the general principles of the Convention in the consideration of allegations; propose measures to prevent the child from being subjected to reprisals for having submitted complaints; apply a gender-sensitive approach; guarantee the right of the child to be heard in proceedings affecting him or her; and complement the reporting function of the Committee, which would thus be in a position to call on relevant bodies to support countries in any follow-up to its recommendations, including by addressing root causes of violence against children. 62. More specific reasons in favour of an optional protocol establishing a communications procedure include providing detailed guidance to States on specific legislative measures, as well as giving the right of the child to information a more specific content. National mechanisms should be set up to assist individuals in the use of the procedure, for instance through ombudsman offices. It is essential to ensure that all relevant actors become knowledgeable and skilful in the use of the procedure. 63. For a communications procedure to be effective and genuinely accessible to children, it needed to be understood and made easily available. For this reason, the new optional protocol could include valuable guidance to States on the need: to provide children with relevant information on existing complaint mechanisms and procedures; to raise awareness of what these instruments mean and how they could be used; and to employ child-sensitive language, materials and tools in the performance of these tasks. 64. The optional protocol should also recognize important legal safeguards, including the child’s entitlement to initiate a communications procedure and to be supported effectively throughout the process; the right of the child to benefit from legal counsel and representation; the right to free legal aid; and the right to expeditious decisions. Moreover, the admissibility of a communication should be considered in the light of the best interest of 12 GE.10-10385