Complaint Mechanism: NGO Statement on Unique Rights

Thank you Mr Chairperson.

This is a joint statement on behalf of 11 NGOs1.

Many rights in the Convention are unique to children. However, it is important to emphasise that whilst some of the rights enshrined in the Convention are specific to children the question of “uniqueness” requires further discussion.

The CRC is the most complete treaty, covering children's rights in all areas of their lives (civil, political and economic, social and cultural rights) and it contains a number of unique rights, a full list of them can be found in the joint NGO statement. Here we would just like to mention a few, like:

  • Article 3, the Best interests of the child to be a primary consideration in all actions concerning children
  • Article 37 specifies that “neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age
  • Article 38 Specific limitations on recruitment and involvement of children in armed conflict, and
  • Article 12: which Oblige States to give due weight to children’s expressed views in all matters affecting them; as well as providing opportunities for a child to be heard in judicial or administrative proceedings

In addition to those unique rights, as emphasised by the Committee, all the Convention rights need to be considered in light of the four fundamental principles,
non-discrimination, best interests of the child, the right to life and development, and
due consideration for the expressed views of the child.

The indivisible nature and interrelationship of child rights establishes that the Convention as a whole is unique to children, and the Committee on the Rights of the Child is the uniquely qualified body, to provide expert judgement on the full range of child rights.

To secure appropriate representation, States could inspire themselves from those unique rights. As Mr Newell explained, the necessary adjustments of representation provisions under existing complaints mechanisms, with regard to the consent or the absence of consent of the complainant, will be minor.

The best interest of the child needs to be taken into consideration in such cases and should be determined by the Committee on the Rights of the Child on a case-by-case basis based on its Rules of Procedure.

In the two International Covenants, there are rights that apply to everyone including children, and certain specific provisions applying to children. But the CRC both repeats the basic rights to emphasise that children are subjects of them too, and adds many substantial specific and detailed provisions which provide additional guarantees – rights - for children, defined as everyone under 18.

For example, in the ICESCR Article 13 requires provision of compulsory and free primary education, but gives no details on aims of education, nor on schools discipline and other issues covered in CRC Article 28. Similarly, Article 12 covers health rights but includes very little of the details developed in CRC Article 24. Article 18 of the ICCPR requires States to have respect for the liberty of parents, or legal guardians, to ensure the religious and moral education of their children in conformity with their own convictions while art 14 CRC asserts the child’s right to freedom of religion, with the State respecting the rights of parents, or legal guardians, to provide direction to the child in the exercise of this right “in a manner consistent with the evolving capacities of the child”.

Consequently, existing communications procedures do not allow children and their representatives to complain about violations of their rights, as they are understood under the CRC.

Yet child rights are human rights and violations of child rights must be addressed and redressed just like any other violation of human rights.

Mr. Chairman,

We would like to close this address with the following words from a statement prepared by children, young people and child-led organisations on the communication procedure:

“We believe that the ability to make your voice heard when your rights are ignored – and to highlight key issues and areas of concern – is of fundamental importance in the fight to ensure that the rights of young people are respected”.

Thank you.

pdf: www.crin.org/resources/infoDetail.asp?ID=21261

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