How long will it take to get a response?
Once the Committee has decided to admit a complaint for consideration, it must provide the government concerned with a copy of the complaint and any supporting documents. The government will then begin to prepare a written response that details its views on the events described in the complaint. This must be submitted to the Committee as soon as possible, at the very latest within six months' time, and a copy of the response and any supporting documents will be passed along to the author.
When the complaint, the response and all other documents submitted by the parties have been received and distributed, the Committee can start its review process. In private meetings, the Committee will determine whether a violation of children's rights has occurred, and should try to reach a conclusion as quickly as possible. A fast turn-around is especially important if the Committee has already issued a request for interim measures. Once a decision has been reached, the Committee will then share its views and recommendations with everyone involved. These views are final, and decisions issued on the merits cannot be altered or appealed.
How does the Committee review complaints?
The Committee takes into account all of the written submissions it receives from the parties when reviewing a complaint, and can consult with other parts of the United Nations, regional human rights organisations, national human rights institutions, non-governmental organisations and independent children's rights experts. If it is in the best interests of the child, the Committee can also invite the author, child victim and/or defending government to a hearing where they will have a chance to answer questions about the complaint. These hearings are strictly optional, and have to be conducted in a child-sensitive manner whenever a child victim is involved. If a hearing is held, the Committee must also be sure to provide details about what was discussed and an opportunity to respond for any party that wasn't there.
The Committee will draw on all of this information to figure out whether the events described in the complaint amount to a children's rights violation. Where the complaint relates to certain kinds of rights, known as "economic, social or cultural rights", the Committee will also look at what the government has done so far to realise these rights. Economic, social and cultural rights mostly require governments to provide public services like health care, education and housing, and not every government has the resources to do this easily. There are many different ways to design and deliver public services, and the Committee has to keep in mind that governments will not all take the same approaches to children's economic, social and cultural rights.
Is it possible to settle a complaint?
The CRC complaints mechanism allows for the "friendly settlement" of communications, which gives the parties a way to resolve a complaint before the Committee reaches its decision. If the complaint's author and the defending government want to get together and see whether they can figure out a solution, they have the option to do this with the Committee's support and assistance. If they end up reaching an agreement on how to address the situation, the Committee will also ensure that the author has freely consented before it approves the settlement. If the Committee is satisfied, it will stop examining the complaint and issue a decision that briefly describes the facts of the case and the solution reached.
What happens when the matter has been decided?
After the Committee has shared its final decision, whether it was reached on the merits or as the result of a friendly settlement, the defending government is expected to remedy any rights violations found. To make sure that recommendations and settlements are not ignored, the government must write out any steps it has already taken or plans to take in response to the Committee's decision. This information should be submitted to the Committee as soon as possible and in any case before six months have passed. The Committee may also follow up on its decision and recommendations by issuing further requests for information at a later point or asking the government questions about the complaint during the regular CRC reporting process.
If the Committee's views and recommendations are particularly complicated, it can arrange for other parts of the United Nations to offer technical advice and assistance. With the defending government's consent, the Committee can also reach out to other international experts and specialists to share information about the complaint and discuss how its recommendations can best be followed. Similarly, the Committee can ask defending governments for permission to raise matters of special concern within the UN in order to figure out whether there are general steps that could be taken to help all governments better realise children's rights under the CRC and it substantive Optional Protocols.