A/HRC/WG.7/2/2
Article 13
Protection measures
34.
At the first session of the Working Group, experts and State representatives raised
concerns about the vulnerability of child petitioners and the importance of ensuring that
their involvement in the communications procedure did not put them at risk. The possible
vulnerability of petitioners has been considered in the elaboration of other protocols, and
article 13 is derived from the agreed wording in article 13 of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights; article 11 of the Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women omits the words “any form of”.
Article 14
International assistance and cooperation
35.
This article derives from article 14 of the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights, which includes a unique and detailed
procedure enabling the Committee, with the consent of the State party concerned, to inform
United Nations agencies when communications and/or the Committee’s views and
recommendations on them suggest a need for technical advice or assistance to States. The
issue of international assistance in the context of the optional protocol was also raised by
some delegations at the first session of the Working Group. The Chairperson of the
Committee on the Rights of the Child recalled that the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights contained a provision to
that effect and that the Optional Protocol to the Convention on the Rights of the Child could
take a similar approach.
36.
The Chairperson-Rapporteur will leave the issue of establishment of a special/trust
fund (as it is the case in article 14 (2) of the Optional Protocol to the International Covenant
on Economic, Social and Cultural Rights) for consideration by Member States.
Article 15
Report to the General Assembly
37.
This is a standard provision, similar to those in article 6 to the first Optional Protocol
to the International Covenant on Civil and Political Rights, article 12 of the Optional
Protocol to the Convention on the Elimination of All Forms of Discrimination against
Women and article 15 of the Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights.
Article 16
Publicity
38.
It has become a standard provision to require States parties to make respective
instruments well known and to facilitate access about the views and recommendations of
committees (article 13 of the Optional Protocol to the Convention on the Elimination of All
Forms of Discrimination against Women, article 16 of the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights). The requirement of
“appropriate and active means” is by analogy based on article 42 of the Convention on the
Rights of the Child, under which “States parties undertake to make the principles and
GE.10-15781
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