CRC 39: Decision on Consideration of Reports under the two Optional Protocols (June 2005)

Summary: During the course of the 39th Session, the
Committee adopted a Decision on the
consideration of reports under the two
Optional Protocols of the Convention on the
Rights of the Child.

39 th Session, Decision

Consideration of reports under the two Optional Protocols of the
Convention on the Rights of the Child

The Committee on the Rights of the Child

Welcoming the fact that over half of the Member States of the United
Nations, including States Parties to the Convention on the Rights of the
Child, have ratified the Convention's Optional Protocols on the involvement
of children in armed conflicts and the one on Sale of children, child
prostitution and child pornography.

Encouraging the remaining States Parties to the Convention and other
States to ratify the Optional Protocols as soon as possible in order to
strengthen the rights of children covered in both the Protocols.

Noting the provision under the two Optional Protocols requiring States
parties to submit separate initial reports on the implementation of the
Protocols within two years after ratification, which implies the possibility of
submission of a report shortly after ratification.

Welcoming the reports on the Optional Protocol received so far and urging
States Parties of which initial reports are overdue to submit them as a
matter of priority and the other States Parties to do it as soon as possible.

Adopts the following rules for the examination of initial reports on Optional
Protocols:

1. Reports received approximately at the same time as a regular periodic
report on the implementation of the Convention on the Rights of the Child
will be considered at the session at which this regular periodic report will
be examined. Additional separate time will be scheduled for this
examination if the State is a Party to both OP's and has submitted
approximately at the same time both initial reports.

2. States parties to both Optional Protocols are encouraged, whenever
possible, to submit their initial reports at the same time and preferably not
later than the ultimate date at which the initial report is due for the
Optional Protocol ratified first. The examination of the two initial reports,
will be scheduled for a regular session of the Committee.

3. In case the rules mentioned before do not apply, the Committee will
apply the following ones:

a) if the State is only a party to the Optional Protocol on the involvement of
children in armed conflicts, the initial report to this instrument will be
considered at a regular session of the Committee if the State Party
concerned is facing or has recently faced serious difficulties in respecting
and implementing the provisions enshrined in the Optional Protocol. For
other States Parties, the Committee will offer them a choice of an
examination in writing (technical review) or one at a regular session of the
Committee which include a dialogue with representatives of the concerned
State Party.

b) if the State is only a party to the Optional Protocol on Sale of children,
child prostitution and child, the initial report on this instrument will be
examined by the Committee at one of its regular sessions.

4. Initial reports submitted under both Optional Protocols will also be
included in the agenda of the Committee's Pre-sessional Working Group
meetings.

Visit the href='http://www.ohchr.org/english/bodies/crc/decisions.htm#8'>OHCHR
a> website.

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