A/HRC/13/43
III. General debate
17.
At its first meeting, on 16 December 2009, the working group held a general debate
in which State delegations and representatives of intergovernmental and non-governmental
organizations made opening statements and expressed their preliminary views on options
regarding the elaboration of an optional protocol to the Convention on the Rights of the
Child to provide a communications procedure and on the key issues to be addressed by the
working group. Some 37 delegations took the floor, some of which spoke on behalf of
regional and subregional groups. Two NGOs, one of which represented a coalition of 11
organizations, and UNICEF also made statements. In general, the speakers welcomed the
convening of the working group as an important step to strengthen the implementation of
children’s rights.
18.
Many speakers referred to the almost universal ratification of the Convention and
the substantial impact it had made in asserting the status of children as rights holders.
Several delegations provided examples of positive developments which had taken place at
the national level regarding the protection and promotion of children’s rights. However, a
number of speakers highlighted that those efforts were still insufficient in all respects and
there were children in all parts of the world who continued to be abused and exploited. In
many countries, children did not have access to effective remedies for the violations of their
rights and domestic remedies were often inadequate or non-existent.
19.
Most delegations considered that a communications procedure would constitute an
additional tool to make further progress and referred to the fact that the Convention was the
only major human rights treaty which did not have such a procedure. It was highlighted that
it would be part of a continuum of accountability mechanisms, starting at the community
level and comprising national justice systems, ombudspersons offices and regional
mechanisms. The procedure should be available and accessible for all children, including
the excluded and marginalized. In that respect, reference was made to article 4 of the
Convention, which requires States to undertake all appropriate legislative, administrative
and other measures for the implementation of rights. Furthermore, in general comment No.
5 the Committee on the Rights of the Child expressed that for rights to have meaning,
effective remedies must be available to redress violations (para. 24).
20.
Numerous delegations expressed their openness to explore the issue and look at the
added value that such procedure would represent. A few delegations stated that an optional
protocol should not be elaborated simply in order to replicate the procedures established
under other treaties, but only after a careful examination of its added value. Existing
communications procedures should be carefully considered. However, given the specific
characteristics of the Convention, they could not be simply reproduced. New and
differentiated approaches should therefore be examined through comprehensive
discussions. In this regard, a number of delegations emphasized their willingness to
consider different options and engage in a constructive debate.
21.
A few delegations, also representing regional groups, stressed that, in examining the
question of a communications procedure it would be important to bear in mind issues
related to cultural and religious elements, the role of the family and traditions, the setting in
which children live, the national judicial systems and the situation of developing countries.
Some emphasized that effective protection of children rights should start at the domestic
level. One delegation, speaking on behalf of a regional group, recalled that the African
Union had adopted in 1999 the African Charter on Rights and Welfare of the Child and that
the African Committee of Experts on the Rights and Welfare of the Child had been
empowered to hear individual communications alleging violations of the Charter. This was
an indication of the priority African States have placed on the protection of the rights of the
child.
6
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