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ChairDraft_OEWG

ChairDraft_OEWG

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Published by Francisco Estrada

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Published by: Francisco Estrada on Nov 30, 2010
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11/30/2010

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Human Rights Council
Working Group on an optional protocolto the Convention on the Rights of the Child
Second sessionGeneva, 6–10 December 2010
Proposal for a draft optional protocol prepared by theChairperson-Rapporteur of the Open-ended Working Groupon an optional protocol to the Convention on the Rights of the Child to provide a communications procedure
Summary
The present document is submitted in accordance with Human Rights Councilresolution 13/3, 2010, in which the Council requested the Chairperson-Rapporteur of theOpen-ended Working Group on an optional protocol to the Convention on the Rights of theChild to prepare a proposal for a draft optional protocol to be used as a basis for theforthcoming negotiations.GE.10-15781 (E) 210910
United Nations
A
/HRC/WG.7/2/2
General Assembly
Distr.: General1 September 2010Original: English
 
A/HRC/WG.7/2/2
Contents
 Page
I.Proposal for a draft optional protocol to the Convention on the Rights of the Childto provide a communications procedure.........................................................................................3II.Explanatory memorandum..............................................................................................................11AnnexLetter from the Chairperson-Rapporteur of the Open-ended Working Group on an optional protocol to the Convention on the Rights of the Child, Drahoslav Štefánek, to the membersof the Working Group...........................................................................................................................22
2
GE.10-15781
 
A/HRC/WG.7/2/2
I.Proposal for a draft optional protocol to the Convention onthe Rights of the Child to provide a communicationsprocedure
Preamble
The States parties to the present Protocol 
,
Considering 
that, in accordance with the principles proclaimed in the Charter of theUnited Nations, the recognition of the inherent dignity and the equal and inalienable rightsof all members of the human family is the foundation of freedom, justice and peace in theworld,
 Noting 
that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights, and that everyone is entitled to all therights and freedoms set forth therein, without distinction of any kind, such as race, colour,sex, language, religion, political or other opinion, national or social origin, property, birthor other status,
 Reaffirming 
the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms,
 Recognizing 
that children’s special and dependent status creates real difficulties for them in pursuing remedies for violations of their rights,
 Encouraging 
States parties to develop appropriate legislative, administrative andother measures, in accordance with article 4 of the Convention on the Rights of the Child,to enable children and others acting on their behalf and in their best interests to have accessto effective remedies for violations of their rights, including, where appropriate, through theestablishment of national human rights institutions mandated to promote and safeguard therights of children,
Considering 
that, in order to achieve further the purposes of the Convention on theRights of the Child (hereinafter referred to as the Convention) and the implementation of its provisions, it would be appropriate to enable the Committee on the Rights of the Child(hereinafter referred to as the Committee) to carry out the functions provided for in the present Protocol.
 Have agreed 
as follows:
Article 1
Competence of the Committee on the Rights of the Child to receive and considercommunications
1.A State party to the present Protocol recognizes the competence of the Committee toreceive and consider communications as provided for by the provisions of the presentProtocol.2.The Committee shall exercise the functions conferred on it by the present Protocolin a manner that respects the rights of the child and ensures that the best interests of thechild are a primary consideration in all actions concerning the child.
GE.10-15781
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