Submitted by crinadmin on
Thank you, Mr Chairperson, This is a joint statement on behalf of the group of NGOs. We welcome the opportunity to contribute to this session on the questions of, reasons for and timing of, the elaboration of the Optional Protocol and thank the panellists for their valued contributions. The NGO Group would like to take this opportunity to highlight four key reasons for adopting a communications procedure under the CRC: 1.To provide a remedy when national systems fail to address child rights violations Although regional human rights systems may provide some means of redress, they do not adjudicate on the CRC itself and do not cover all the rights guaranteed by the CRC. Likewise, whilst other core human rights treaty bodies may provide some degree of redress, they do not cover the full scale of child rights stipulated in the CRC. 2.To Strengthen the effective implementation of the CRC at national level In many instances, the detailed implications of the articles of the CRC and their inter-dependence are not clearly understood by states, and thus not fully incorporated into national law. A communications procedure for the CRC will allow communications from children and their representatives to be dealt with by the international specialist Committee on the Rights of the Child. Furthermore, in considering communications and issuing decisions, the Committee will be able to clarify the provisions of the CRC in real life context and help States to better understand their obligations and how to implement them. 3.To develop jurisprudence on the rights guaranteed by the CRC The lack of a communication procedure for the CRC has resulted in a reliance on the courts of various States to interpret and implement the provisions of the Convention, leading to a wide range of interpretation which may limit the rights of the child. – we should re-word this point – at the moment it reads as if the fact of interpretation and implementation of the CRC by States is a negative thing. I would suggest: The lack of a communication procedure for the CRC has resulted in the courts of various States interpreting and implementing the provisions of the Convention without clear jurisprudence and hence guidance from the Committee. In some cases, the wide range of interpretation may in fact limit the rights of the child. If the aim of the Convention is to hold society legally accountable for meeting the obligations which give meaning to child rights, a communications procedure for the Convention would ensure consistency in the interpretation of the high standards of the CRC. 4.To Strengthen the status of children as right holders With children finally being acknowledged as rights holders, highlighted by the near universal ratification of the CRC, now is the time to fully implement their rights. The existence of a communications procedure under the CRC will confirm and strengthen the status of children as rights holders. It will constitute a strong reaffirmation from the international community, reflecting the message of the Convention: That children are not “mini human beings with mini human rights”. The elaboration of this Optional Protocol for the CRC is long overdue, and the 20th anniversary of the Convention is a golden opportunity to draw a line in the sand and move forward and establish, once-and-for-all, the fullest possible legal status and usage of the Convention. As such we maintain that the reasons are many and compelling, and that the timing is ideal to strengthen the mandate of the working group and to begin the work of elaborating the 3rd Optional Protocol to the CRC. Thank you Mr. Chairman. Further information Updates from Working Group Meeting Read statements: View Experts' Submissions (OHCHR website)
Today, when national systems fail them, for instance when the CRC is not applied by national judges, when national law contradicts the CRC, or simply does not exist, children do not have any means to seek redress for violations of their rights under the CRC.