• 30 July 2011
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Establishment of a complaints mecanism for violations of children’s rights

La nuit du Street Art 2009 - Monday 25th of may 2009. Picture by yoyolabellut

On 17th of June 2011, the Human Rights Council adopted with the res­o­lu­tion A/HRC/17/L.8 [1], the Draft Optional Protocol [2] to the Convention on the Rights of the Child to provide a com­mu­ni­ca­tions pro­ce­dure [3].

The International Convention on the Rights of the Child is one of the rare fun­da­mental human rights treaties which does not have a com­plaints mech­a­nism. This Protocol raises hopes for a better pro­tec­tion of chil­dren as it will allow the Committee on the Rights of the Child to con­sider com­plaints of chil­dren and their rep­re­sen­ta­tives about vio­la­tions of their rights.

The final draft of the Optional Protocol will be deliv­ered to the UN General Assembly for adop­tion in December 2011.


Footnotes

[1] This resolution was orally revised, the text here is for informational purposes only.

[2] like any international agreement, this text can be applied only to States which have ratified it

[3] COMMUNICATIONS PROCEDURE: Also ‘complaints procedure’ -it is an international procedure that allows individuals, groups or their representatives who claim that their rights have been violated by a State that is party to an international human rights CONVENTION to bring a complaint or communication before the relevant ‘TREATY BODY’ or COMMITTEE, provided that the State has recognised the competence of the Committee to receive such complaints. It is a quasi-judicial mechanism: the decisions of the Committee on the complaints it receives are not legally binding on the State concerned. In: ADVOCACY TOOLKIT, Campaign for a new Optional Protocol to the CRC establishing a communications procedure For activities targeting the Third Committee of the UN (Angl).

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