A/HRC/17/36
that had been the object of a friendly settlement between the parties, because such a
scenario would run against legal predictability and certainty. One delegation proposed that
the Committee be able to reopen a friendly settlement only if the relevant State party failed
to honour its obligations under the deed of such a settlement. Other delegations considered
that the Committee should be able to examine whether friendly settlements were consistent
with the Convention and in the best interests of the child. Those proposals were supported
by non-governmental organizations and experts, including Committee members, who stated
that the consideration of a communication should not be closed until satisfactory
implementation of a friendly settlement, and that such settlement must ensure respect for
the rights set forth in the Convention. One delegation argued that the Committee should be
able to invite a State party to submit further information about any measures taken to
implement a friendly settlement, including in its subsequent reports under the Convention
or its Optional Protocols, similar to the procedure for follow-up on the Committee’s views.
Several delegations preferred leaving the modalities of the follow-up on friendly
settlements to the Committee’s rules of procedure.
N.
Consideration of the merits16
72.
One delegation held the view that the optional protocol should allow for exceptions
to the rule that the Committee should examine communications in closed meetings, when
they were in the best interests of the child. One national institution considered that closed
proceedings would result in lack of transparency and make amicus curiae interventions very
difficult.
73.
Several delegations and experts, including Committee members, were in favour of
inserting a clause requiring the Committee to consider communications as quickly as
possible, in particular in cases where it had requested interim measures. Some delegations
considered such a clause redundant.
74.
Many delegations were in favour of adding a provision similar to article 8,
paragraph 4, of the Optional Protocol to the International Covenant on Economic, Social
and Cultural Rights with a view to limiting the Committee’s scope of review when
examining alleged violations of economic, social and cultural rights protected under the
Convention to a reasonableness test and granting States parties discretion to “adopt a range
of possible policy measures for the implementation of the economic, social and cultural
rights in the Convention”. Such an inclusion was perceived by many delegations as
adequately reflecting the principle of progressive realization of economic, social and
cultural rights as set forth in articles 4 and 28 of the Convention. A number of States,
however, opposed the inclusion of such a provision, on the grounds that it would create a
16
Article 13 of the revised proposal:
“1. The Committee shall hold closed meetings when examining communications received under the
present Protocol.
2. The Committee shall consider communications received under the present Protocol as quickly as
possible, in the light of all documentation submitted to it, provided that this documentation is
transmitted to the parties concerned.
3. When examining a communication under the present Protocol, the Committee may consult, as
appropriate, relevant documentation emanating from other United Nations bodies, specialized
agencies, funds, programmes and mechanisms, and other bodies, including from regional human
rights systems, and any observations or comments by the State party concerned.
4. After examining a communication, the Committee shall, without delay, transmit its views on the
communication, together with its recommendations, if any, to the parties concerned.”
19
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