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Summary: Compilation of joint oral statements delivered by the NGO Group for the CRC at the second session meeting with the Open-ended Working Group on an Optional Protocol to the Convention on the Rights of the Child 6-10 December 2010.
Joint statement with the International Commission of Jurists on Articles 10 to 14 Delivered on 7 December by Anne-Sophie Lois, Geneva representative of PLAN International This is a joint statement on behalf of the 77 NGOs member of the NGO Group for the CRC and the International Commission of Jurists. Mr Chairperson, With regard to Article 10: Inquiry procedures are a key complementary tool to individual and collective communications and are a standard provision in instruments establishing communications procedures. We welcome and support the provision of time limits set for the inquiry procedure as stated in Art 10.1, 10.4 and 10.5 (“without delay”, “within three months”). This would ensure a swift communications procedure and avoid any unnecessary delay that would be detrimental to children’s development, especially in the case of “grave or systematic violations”. We support the position of Liechtenstein. The wording proposed in the draft is indeed agreed language from other similar instruments, such as Article 11.7 of OP ICESCR. We very much welcome and support the proposals made by France, Liechtenstein, Slovenia and others, to remove paragraphs 7 and 8 of Article 10. A position also shared by the Committee on the Rights of the Child in its comments paper. This would reflect the best practice enshrined in Article 33.1 of the Convention for the Protection of All Persons from Enforced Disappearances (CED), which does not allow for any opt-in or opt-out but still requires the consent of the States concerned before organising any country visits. With regard to international assistance and cooperation: We support Article 14 as it is drafted.
With regard to Article 10.6: