Monitoring the Convention on the Rights of the Child. Communications procedure under the draft optional protocol to the convention on the rights of the child : a critical assessment

      Аннотация: Among the core international human rights treaties adopted at the UN level, the CRC is unique for exclusively dealing with the rights of children. The instrument, however, is devoid of an international Complaints Mechanism. Consequently, children are not entitled to present claims alleging violations of their rights at an international level and get remedy. Analyzing the detrimental impact that absence of international Complaints Mechanism under the CRC may pose on children, the HRC of the UN made a landmark decision in June 2009 through adopting a Resolution (A/HRC/RES/11/1) which established an inter-governmental OEWG having the mandate of exploring the possibilities of establishing Communications Procedure for the CRC. In March 2010, the HRC made another Resolution (A/HRC/RES/13/3) and empowered the OEWG to prepare a draft Optional Protocol that provides Communications Procedure for the CRC. Pursuant to this Resolution, the OEWG prepared a draft Optional Protocol and presented it to the HRC. Scrutinizing its contents, the HRC adopted the draft on 17 June 2011.

Ключевые слова: vulnerability, Remedy, Children’s Rights, draft Optional Protocol, Communications Procedure, special status