A/HRC/13/43
(b)
The establishment of a communications procedure under the Convention
would contribute to strengthening child protection by providing a specific forum in which
all rights and principles enshrined in the Convention would be considered by a Committee
with a unique, multidisciplinary expertise based on the innovative and creative manner in
which the Convention was designed;
(c)
Questions regarding the ability of the child to submit a complaint and the
most appropriate body to assess the maturity of a child should be considered in light of
lessons learned from the Convention on the Rights of Persons with Disabilities as well as
experiences developed at the national level;
(d)
While the Convention does not specify a minimum age for the child’s views
to be heard, it does state that consideration of the child’s views has to be assessed against
criteria that are both objective (age) and subjective (level of maturity);
(e)
In view of the vulnerable status of children, there is an objective risk that
children may be manipulated when submitting a complaint. An optional protocol should
devote particular attention to this aspect and put in place specific guarantees to avoid or
limit this risk to the maximum extent possible;
(f)
The overarching principle of the evolving capacities of the child contained in
article 5 of the Convention and further detailed in general comment No. 7 should guide the
interpretation of the role of the family or other person(s) legally responsible for the child.
There is no contradiction between the child’s right to be protected and the child as a rights
bearer;
(g)
Lessons learned and best practices relating to children’s participation in
drafting legislation on their fundamental rights should guide the consideration of
participation of children in the work of the open-ended working group.
69.
The Chairperson-Rapporteur in his summary of this debate highlighted that the
recommendations on redress mechanisms made in the context of the Secretary-General’s
Study on Violence against Children should be taken into consideration when deciding on
the elaboration of an optional protocol. While some speakers seemed to be of the view that
the need for a communications procedure was implicitly recognized in the Convention
others expressed doubts in that regard and indicated that the issue needed further
discussion. The Chairperson also noted the importance of a child-friendly procedure which
took into consideration the evolving capacity of the child and the uniqueness of the rights
and principles set up in the Convention.
VIII. Implications and feasibility of a communications procedure
under the Convention on the Rights of the Child
70.
The Chairperson of the Committee on the Rights of the Child, Ms. Lee, made a
presentation on the feasibility of a communications procedure under the Convention on the
Rights of the Child. A paper on the same topic was submitted by Nevena Vuckovic
Sahovic, former member of the Committee on the Rights of the Child.
71.
Ms. Lee referred to the workload of the Committee. On two occasions, when
confronted with an extensive backlog of State reports, the Committee had decided to work
in two parallel chambers. To avoid the backlog problem in the future, the Committee was
asking States parties to combine periodic reports. Currently, the Committee was reviewing
its methods of work with a view to providing a more durable long-term solution to that
problem.
14
GE.10-10385
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents