Convention on the Rights of the Child - developing a new individual complaint mechanism

23 December 2010: The second session of the Working Group on an Optional Protocol to the Convention on the Rights of the Child took place from 6 to 10 December 2010 in Geneva, Switzerland.

The purpose of this session was to advance in the drafting of a third Optional Protocol to the Convention on the Rights of the Child, that will allow children and their representatives to submit individual communications to the Committee on the Rights of the Child in case of non-respect of their rights by States having ratified this Protocol. The Convention on the Rights of the Child is the only fundamental human rights treaty without such a communication procedure, this process was therefore long overdue.   

Constructive atmosphere

Under the able chairmanship of Drahoslav Stefanek (Slovakia), more than 50 delegations from all regions held lively discussions on legal provisions which may really make a difference in the life of children, if they are adopted. The Working Group was also attended by UNICEF, by the Chair and the Vice-Chair of the Committee on the Rights of the Child, Ms Yanghee Lee and Mr Jean Zermatten, by a child rights expert, Mr Peter Newell, and by several non-governmental organisations (NGOs) regrouped under the umbrella of the largest network of child rights NGOs, the 'NGO Group for the Convention on the Rights of the Child'.

In a constructive working atmosphere, delegations confronted their different views about the Protocol. The main issues at stake were the representation of children, the scope of the new procedure, the opportunity of making collective communications, confidentiality and protection of users, interim measures, friendly settlements, accessibility for children, deadline for State parties response and dissemination of information on the procedure.

Delegations reached consensus on several points such as inter-state communications and technical standard provisions, including on the entry into force of the instrument and the competence of the Committee while other points raised many questions and worries such as the confidentiality of individual communications, collective communications, reservations and the possibility for the Committee to re-open friendly settlements. 

Collective communtications

The question of collective communications (which do not require the identification of an individual victim) was particularly discussed and gave rise to many divergent interpretations. Experts and NGOs took a firm position in favour of collective communications as these would bring to the attention of the Committee situations that could be difficult, if not impossible, to address through individual communications. Such a provision would therefore increase the level of protection offered to children through the new Protocol.

The Working Group session ended with no final decision. A revised version of the Optional Protocol based on the discussions of the session is being drafted and will form the basis of the negotiations at the next session of the Working Group to be held in 10-16 February 2011. It is expected that the final text of the Optional Protocol will be agreed during that session and submitted to the UN Human Rights Council for adoption in June 2011.

For more info on the programme of work, please visit: http://www2.ohchr.org/english/bodies/hrcouncil/OEWG/2ndsession.htm

To read all the joint statements made on behalf of the NGO Group (including Plan) during the session and some short reports from the session please visit: http://www.crin.org/resources/infodetail.asp?id=23489