What is an inquiry?
An inquiry is a way to draw attention to "grave" or "systematic" violations of children's rights. Unlike a complaint, which only looks at whether individual victim's rights have been violated, inquiries look at serious or widespread violations of children's rights happening across a country. Specific child victims do not have to be identified, and inquiries are more like investigations than court cases. Inquiries are run by the Committee on the Rights of the Child, and are very much a cooperative process for all parties involved.
Who can start an inquiry?
The Committee on the Rights of the Child can initiate an inquiry when it receives "reliable" information that serious or widespread violations of children's rights are occurring. Anyone can submit this kind of information to the Committee's offices in Geneva, and all documents and proceedings are treated as confidential. As with individual complaints, inquiries can only be considered when a government is responsible for the apparent violations, and then only when that government has ratified the Optional Protocol on a communications procedure. It is assumed that governments that accept individual complaints will also accept inquiries, but governments can also say when or after they ratify that they won't respond to any inquiries about children's rights violations.
When can an inquiry be launched?
If the Committee receives information about potential children's rights violations in a country, it will ask the government involved for assistance in reviewing the situation. Governments are expected to promptly share their thoughts and observations on the information provided, and the Committee can also reach out to other parts of the UN, regional human rights systems, national human rights institutions, non-governmental organisations and children to put things in context. If the Committee decides that further investigation is in order, it can then initiate an inquiry to determine whether and how the government is responsible for the violations reported.
How does the inquiry process work?
Once the Committee has decided to launch an inquiry, it will assign one or more of its members to quickly put together a report on the violations raised. If it makes sense and the government in question agrees, the members writing the report might also visit the country to get a fuller picture of what is happening on the ground. During a visit, the Committee can arrange hearings to speak directly with people who know firsthand about the events under discussion, including children.
When all information has been gathered and the report is ready, the Committee will then send its findings, comments and recommendations to the government for review. The government should try to respond to these as soon as it can, and not wait any longer than six months before submitting a reply. To follow up, the Committee may later ask the government to share things it has done or plans to do in light of the inquiry, or ask questions about the inquiry during the regular CRC reporting process.
Why would you seek an inquiry?
Inquiries provide a simple, straightforward way to alert the Committee about large-scale violations of children's rights. Because anyone from around the world can submit information about potential violations and there are no specific requirements on what must be included, asking the Committee to start an inquiry can be much less work than filing an individual complaint. Inquiries also don't have to involve child victims directly, and provide greater anonymity for persons wishing to raise violations with the government responsible.