A group of agencies initiated the campaign for the United Nations to establish a communications/complaints mechanism to the Convention on the Rights of the Child (CRC) in 2007. This procedure was to provide a mechanism that would ensure the availability of legal remedies for children at the international level.
A complaints or communications procedure allows individuals, groups or their representatives who claim that their rights have been violated by a State that is a party to a convention or covenant to bring a complaint before the relevant committee, provided that the State has recognised the competence of the committee to receive such complaints.
Why such a mechanism?
The Convention on the Rights of the Child was the only international human rights treaty with a mandatory reporting procedure which did not have, in addition, an existing or draft communications procedure. This was a serious matter of discrimination against children. See existing complaints mechanisms.
While children and their representatives can use the mechanisms established under other international instruments to pursue many of their rights, those instruments do not cover, separately or together, the full range and detail of rights in the CRC.
Furthermore, communications or complaints made on behalf of children to the other bodies will not be considered by a Committee with special expertise on children’s rights. Similar persuasive arguments were made for the adoption of the communications’ mechanisms under CEDAW and under the new Convention on the Rights of Persons with Disabilities.
Timeline of the campaign and drafting process
-
September 2012: First ratifications of the complaints mechanism
-
February 2012: Optional Protocol opens for signature in Geneva
-
December 2011: UN Adopts Complaints Mechanism for Children
-
November 2011: Third Committee adopts Optional Protocol by consensus
-
June 2011: Optional Protocol adopted by Human Rights Council
-
February 2011: Final meeting of the Working Group
-
December 2010: Second meeting of the Working Group
-
September 2010: Proposal for a draft Optional Protocol
-
January 2010: Final report of the UN Working Group Meeting
-
December 2009: Update and next steps
-
December 2009: New Advocacy Toolkit
-
December 2009: First meeting of the Working Group
-
October 2009: Side event during CRC anniversary event
-
May 2009: Update from Geneva and Next Steps
-
May 2009: Updated Advocacy Paper
-
March 2009: Statement to the 10th Session of the Human Rights Council
-
February 2009: Write to your Ministries before the HRC session in March
-
December 2008: GA Adopts the OP to the ICESCR
-
June 2008: CRC Committee Endorses Campaign
-
March 2008: NGO Side Event at the Human Rights Council