A/HRC/11/37
Part One
Resolutions and decisions
I. Resolutions adopted by the Council at its eleventh session
11/1.
Open-ended Working Group on an optional protocol to the Convention
on the Rights of the Child to provide a communications procedure
The Human Rights Council,
Recalling the Principles proclaimed in the Charter of the United Nations and that
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,
Recalling also that, in the Vienna Declaration and Programme of Action adopted in
June 1993 by the World Conference on Human Rights (A/CONF.157/23), the World
Conference reiterated the principle of “First Call for Children” and emphasized that the
rights of the child should be a priority in the United Nations system-wide action on human
rights,
Welcoming the almost universal ratification of the Convention on the Rights of the
Child and the ratification by more than 120 States of each of the two Optional Protocols to
the Convention,
Taking note of Council resolution 10/14 of 26 March 2009, in which the Council
celebrated the twentieth anniversary of the Convention on the Rights of the Child, and
called for effective implementation of the Convention by all States parties to ensure that all
children may fully enjoy all their human rights and fundamental freedoms,
Noting with interest general comment No. 5 (2003) of the Committee on the Rights
of the Child, in which the Committee emphasized that the special and dependent status of
children creates real difficulties for them in pursuing remedies for breaches of their rights,
Noting that procedures allowing for individual communications have been
established for other core international human rights treaties, namely, the International
Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, the
International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Elimination of All Forms of Discrimination against Women, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the International Convention for the Protection of
All Persons from Enforced Disappearance and the Convention on the Rights of Persons
with Disabilities,
Noting also that children and their representatives lack a communications procedure
under the Convention on the Rights of the Child by which communications concerning the
effective implementation of the rights set out in the Convention can be considered by an
appropriate committee of independent experts,
Recalling the view of the Committee on the Rights of the Child, expressed by its
Chairperson in her oral report to the General Assembly at its sixty-third session, that the
development of a communications procedure for the Convention on the Rights of the Child
would significantly contribute to the overall protection of children’s rights,
GE.09-16766
5
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