become a party to the Optional Protocol on a communications procedure
recognize the competence of the Committee on the Rights of the Child—a
panel of 18 independent experts that meets three times a year—to receive
complaints from persons within their jurisdiction alleging violations of their
rights under the Convention and its two substantive Optional Protocols.28 In
January 2013, the Committee adopted the rules of procedure to be applied
to the complaints submitted under the Optional Protocol.
Complaints may be submitted by individuals or groups of individuals claiming to be victim(s) of a violation of the Convention and/or its substantive Optional Protocols, regardless of whether their legal capacity is recognized in
the State party against which the complaint is directed. Complaints may also
be submitted by their designated representatives or by others acting on behalf of the alleged victim(s) with their express consent. According to the Committee’s rules of procedure, if there is a concern that representation, despite
the victim’s consent, may be a result of improper pressure or inducement,
the Committee may request additional information or documents, including
from third-party sources, that show that the submission of a complaint on the
alleged victim’s behalf is not a result of improper pressure or inducement and
is in the best interests of the child.
Complaints may be submitted on behalf of the alleged victim without such
express consent, provided that the complainant can justify his/her action
and the Committee deems it to be in the best interests of the child. If possible, the alleged victim, on whose behalf the complaint is presented, may
be informed of the complaint and his/her views shall be given due weight
in accordance with his/her age and maturity.
The Committee may facilitate the friendly settlement of complaints submitted to it.
A friendly settlement must be based on respect for the obligations set forth in the
Convention and/or its substantive Optional Protocols. The Committee will not
accept any friendly settlement that is not based on the respect of such obligations.
Additional pointers
The Optional Protocol sets a time limit for initial submissions. A complaint
must be submitted within one year of exhausting domestic remedies, unless
the complainant can demonstrate that it was impossible to do so.
A complaint is inadmissible if the same matter has already been examined
by the Committee or has been or is being examined under another procedure of international investigation or settlement.
For more information about the Committee, see its web page: http://www2.ohchr.org/
english/bodies/crc/index.htm (accessed 28 March 2013).
28
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