Open-ended Working Group on an optional protocol to the Convention on the Rights of the Child to provide a communications procedure

Working Group completes its mandate

On 16 February 2011, on the last day of its second session, the Working Group adopted its report ad referendum and agreed to transmit the draft optional protocol (annexed to the report) to the Human Rights Council for its consideration at the 17th session. The Working Group thus completed its mandate.

On 17 June 2011, the Human Rights Council adopted Resolution 17/18 [EnglishFrançaisEspañolالعربية中文русский] , by which it adopts the Optional Protocol and recommends its final adoption by the General Assembly.

Mandate

At its 11th session, on 17June 2009, the Council adopted resolution A/HRC/RES/11/1 [EnglishFrançaisEspañolالعربية中文русский] by which it decided to establish an Open-ended Working Group to explore the possibility of elaborating an optional protocol to the Convention on the Rights of the Child to provide a communications procedure complementary to the reporting procedure under the Convention.

At its 13th session, on 24 March 2010, the Council the Council adopted resolution A/HRC/RES/13/3 [EnglishFrançaisEspañolالعربية中文русский ] by which it decided to extend the mandate of the Working Group until the seventeenth session of the Council. It also decided to mandate the Working Group to elaborate an optional protocol and requested the Chairperson of the Working Group to prepare a proposal for a draft optional protocol

Background

At present, six of the human rights treaty bodies (CERD, CCPR, CAT, CEDAW,CRPD and CED) may under particular circumstances, consider communications from individuals alleging having been victims of violations of their rights under the respective treaties. Also under certain circumstances, some of them can undertake inquiries in cases of violations of the treaty in question (CAT, CEDAW, CRPD and CED).

The Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families contains a provision allowing individual communications to be considered by the CMW. This provision will become operative when ten States parties have made the necessary declaration under article 77. One instrument not yet entered into force, the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights also provide the Committee on Economic, Social and Cultural Rights, with the mandate to examine individual complaints and to undertake inquiries.