UNICEF statement to Working Group on possible OP to the CRC

Chairperson, Excellencies, colleagues, and friends

UNICEF is pleased to participate in this important open-ended working group of the Human Rights Council.

The near universal ratification of the Convention on the Rights of the Child reflects consensus among the governments of the world that there are certain minimum standards that every child should be born expecting to enjoy. The celebration this year of its 20th anniversary presents an opportunity for reflecting on how, in a single generation, the Convention has inspired societal transformation, from a world where the focus was on meeting the needs of children to one where we are all responsible for realizing their rights. UNICEF, guided by the CRC in all our work, has been privileged to witness and contribute to that transformation. Central to maintaining the Convention as a living instrument of transformation is the untiring work of the Committee on the Rights of the Child, whose reporting process, General Comments, Concluding Observations, and Recommendations guide, inspire, and challenge states and societies to do their best for children.

We are meeting this week to discuss the possibility of adding another aspect to the reach of the Convention. The Committee on the Rights of the Child stated in its General Comment 5 that, “for rights to have meaning, effective remedies must be available to redress violations.” The proposed new communication procedure for the Convention could be part of a continuum of accountability mechanisms, starting at community level, and comprising national justice systems, ombudspersons offices, and regional mechanisms among others. UNICEF welcomes any effort to strengthen enforcement of children’s rights at all levels, including national level. These mechanisms must be available and accessible for all children, including the excluded and marginalised, and they must work.

Much can be learnt from similar mechanisms of other treaties. This proposed mechanism brings with it the added dimension of ensuring the effective participation, representation, and protection of children throughout the process. Resources such as the UN Guidelines on justice in matters involving child victims and witnesses of crime, can help guide us to ensure that such a mechanism is indeed child sensitive, and that children, and their families, have access to the information and support they need in order to pursue a communication.

Mr Chair,

UNICEF urges Member States to draw upon existing experience and examples, and to move rapidly to a conclusion in this discussion. The arguments and issues, while significant, are not unfamiliar. Determined and focused consideration can avoid expending undue time and resources in the development of an effective communication procedure. We offer our technical support to this end, and look forward to continued collaboration with all of you.

Thank you.

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