UN Committee on the Rights of the Child

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Committee on the Rights of the Child
Committee on the Rights of the Child
 
Organization type Committee
Abbreviation CRC
management Luis Ernesto Pedernera Reyna
Founded 2nd September 1990
Headquarters Geneva
Upper organization UN High Commissioner for Human Rights (UNHCHR)
 

The Committee on Rights of the Child, CRC , (Engl. Committee on the Rights of the Child, CRC ), is a set up by the UN monitoring body that the implementation and compliance with the Convention on the Rights of the Child (CRC) and its additional protocols by States parties supervised. If he discovers deficiencies during the inspection, he can submit proposals and recommendations to the states on how they can improve the implementation of the treaty (Art. 62 para. 3 UN Charter). The CRC Committee consists of 18 experts and meets three times a year in Geneva.

According to the committee, it also examines individual complaints submitted by children; in the case of state reports, self-organizations by children (organizations founded and run by children, child-led organizations ) can also submit parallel reports. In addition, children participate equally in negotiations on the implementation of the CRC. This makes this committee the only control body that treats children as adults.

tasks and activities

The creation of the committee and its tasks are laid down in Part II of the CRC, its competence relates exclusively to states that have ratified the corresponding agreements (Art. 43 CRC), it also depends on the declarations and reservations the states made when the treaty was concluded (Art. 47 CRC).

The CRC is responsible for compliance with the following agreements:

  • Convention on the Rights of the Child (CRC)
  • 1st FP on the Participation of Children in Armed Conflicts (CRC 1st FP)
  • 2nd FP on the sale of children, child prostitution and child pornography (CRC 2nd FP)
  • 3rd FP for (complaint) notification procedure (CRK 3rd FP)

Its activities in this regard relate to:

  • State reports, according to Art. 44 f. CRC, Art. 8 CRC 1st FP, Art. 12 CRC 2nd FP
  • Individual complaints, according to Art. 5 ff CRC 3rd FP
  • State complaints, according to Art. 8 CRC 3rd FP
  • Investigation procedure, according to Art. 13 f. CRC 3rd FP

The committee is not responsible for other international treaties for the protection of children, such as:

  • ILO Convention No. 182 on the Prohibition and Immediate Action to Eliminate the Worst Forms of Child Labor
  • ILO Convention No. 183 on Minimum Age for Workers
  • European Convention on the Exercise of Children's Rights
  • etc.

Contractual basis

The Convention on the Rights of the Child (CRC) is a human rights convention created by the UN, which was passed by the UN General Assembly on November 20, 1989 and entered into force on September 2, 1990 (Art. 49 CRC). The purpose of the CRC is to recognize children as bearers of inalienable fundamental rights. In order to reach a consensus so that as many states as possible join the agreement, the disputed points were excluded and regulated in the three additional protocols, e.g. B. military service, child trafficking, etc.

In the CRC, a child was defined as someone who has not yet reached the age of eighteen (Art. 1 CRC). Children's rights are also partly contained in other agreements such as the civil or social pact, which sometimes creates contradictions.

The first optional protocol (CRC 1st FP) of May 25, 2000 on children in armed conflict increases the age of consent of boys before compulsory recruitment from 15 years (Art. 38 CRC) to 18 years (Art. 1 CRC 1st FP), to this end, protection against voluntary recruitment is regulated more binding. Like the CRC (Art. 44 CRC), it also contains a reporting procedure (Art. 8 CRC 1st FP). This protocol came into force on February 12, 2002 (Art. 10 CRC 1. FP).

The second optional protocol (CRC 2nd FP) of May 25, 2000 to combat child trafficking, child prostitution and child pornography improves the protection granted in Articles 34 and 35 CRC (Art. 3 CRK 2nd FP). A reporting procedure is also provided for in this FP (Art. 12 CRC 2nd FP). This protocol came into force on January 18, 2002 (Art. 14 CRC 2nd FP).

The third optional protocol (CRC 3rd FP) of December 19, 2011, provides for an individual and state complaint procedure at the CRC, in which breaches of contract with regard to the CRC and the two protocols can be asserted. For this purpose, in the event of serious or systematic breaches of contract by a state, an investigation procedure by the CRC is provided. This protocol came into force on April 14, 2014 (Art. 19 CRC 3rd FP).

Ratifications

German-speaking countries in force GermanyGermany Germany LiechtensteinLiechtenstein Liechtenstein AustriaAustria Austria SwitzerlandSwitzerland Switzerland
Children's Rights Convention (CRC) 09/02/1990 03/06/1992 12/22/1995 08/06/1992 02/24/1997
CRC 1. FP - armed conflict 02/12/2002 12/13/2004 02/04/2005 02/01/2002 06/26/2002
KRK 2. FP - Child trafficking 01/18/2002 07/15/2009 01/30/2013 05/06/2004 09/19/2006
CRC 3. FP - complaints 04/14/2014 02/28/2013 01/25/2017 ------ 04/24/2017

Note on CRC 3rd FP; if a state ratified the protocol, it was in agreement with individual complaints (Art. 1 CRC 3rd FP), for state complaints it must give express consent in a declaration (Art. 12 para. 1 CRC 3rd FP) and if it is with a If he did not agree to the investigation procedure, he must expressly refuse this (Art. 13 Para. 7 CRC 3rd FP); such as Monaco .

How the CRC works

To explain its activities, the committee created descriptions and guidelines ( working methods ).

  • To the national reports ( working methods CRC )
  • To the individual complaints ( working methods OPIC )
  • On the participation of children in the reporting process of the CRC ( Working methods for the participation of children in the reporting process of the CRC )
  • The participation of children in discussions about the implementation of the CRC ( Working methods for the participation of children in the days of general discussion of the CRC )
  • An information sheet about the committee ( Fact Sheet No.10 Rev.1, The Rights of the Child )

Child involvement in CRC

According to information from the committee, not only adults but also children can submit their own individual complaints to it “Communications submitted by children” (Art. 5 CRK 3rd FP), since the right to be heard by children is an elementary principle of the CRC.

Furthermore, in the case of state reports, in addition to the children's organizations of adults (e.g. the Children's Rights Network), the United Nations Children's Fund (UNICEF), child-led organizations can also submit parallel reports. Article 15 CRC defines the freedom of association and assembly for children, which expressly provides for the establishment of such organizations in the CRC. In connection with General Comment No. 12 of 2009 ("The right of the child to be heard"), the committee established criteria that must be observed in participation processes.

In addition, children can participate equally in the negotiations of the CRC on the implementation of the CRC, in order to give the committee and the adult children's organizations a better understanding of the implementation of the CRC and its consequences ( Days of General Discussion , GDG).

How children are protected from a possible third party in order to prevent children from being instrumentalized and brought forward to the committee in order to pursue their own interests cannot be determined (cf. Art. 12 CRC right to own opinion, Art. 36 CRC protection against Exploitation).

Rules of Procedure of the CRC

The committee drew up two rules of procedure (RoP ), in which the organization, procedures and responsibilities of the committee are regulated. The procedural rules (VerfO-SB) were drawn up for the examination of the state reports and the procedural rules (VerfO-FP) for the procedures provided for in the 3rd optional protocol.

VerfO-SB for national reports

For the examination of the state reports (Art. 44 CRK, Art. 8 CRK 1st FP, and Art. 12 CRK 2nd FP) and the related procedures, the CRC created the VerfO-SB, which consists of 4 parts, Part I. General Provisions , Part II. Tasks of the Committee , Part III Interpretation and Amendments and the Annex, the Addis Ababa Directive on the impartiality of the UN treaty bodies . It contains 82 provisions called rules and is divided into 17 chapters. Chapter 14 is decisive for the examination of the state reports.

VerfO-FB for complaints procedures

For the organization of the procedures provided for in the CRC 3rd FP, the CRC created additional rules of procedure, the VerfO-FB. It consists of 4 parts and contains 49 provisions called rules. The CRC referred to this VerfO as Rules of procedure OPIC (Optional Protocol Individual Complaints).

The relevant parts of the VerfO-FB are:

  • Part 2 The individual complaint procedure notifications (Art. 5 CRK 3rd FP)
  • Part 3 The investigation procedure (Art. 13 CRC 3rd FP)
  • Part 4 Procedure for State Complaints (Art. 12 CRC 3rd FP)

Examination of the state reports

All contracting states are obliged to submit regular reports to the committee in which they explain how they have implemented the CRC and the additional protocols domestically. 14 of the VerfO-SB.

To this end, the committee drew up guidelines on what information these reports must contain:

  • Guideline for initial reports according to Art. 44 para. 1 lit a CRC
  • Guideline for first reports on the 1st FP acc. Art. 8 CRC 1. FP
  • Guideline for first reports on the 2nd FP according to Art. 12 CRC 2nd FP
  • Guideline for periodic state reports according to Art. 44 para. 1 lit b CRC

States parties are required by Article 44 KRK within two years after contracting an initial report (Engl. Initial report ) submit every five years thereafter a periodic state report (Engl. Periodical reports ). The 1st and 2nd FP also provide for initial reports (Art. 8 CRK 1st FP, Art. 12 CRK 2nd FP). The periodic state reports then refer to all ratified agreements.

Because of the overloading of the committees, the UN General Assembly introduced the simplified reporting procedure . If no significant deficiencies were found during the last review of a state report, the committee can now carry out the simplified procedure in which it sends the contracting states a list of issues prior to reporting (LOIPR) and their answers ( Replies to LOIs ) are then considered periodic state reports.

At the state reporting procedure also can non-governmental organizations (NGOs), children's self-founded and led Organizations ( Child-led Organizations ), national human rights organizations (NHRIs), UN agencies such as the Children's Fund of the United Nations, WHO, UNHCR, ILO, UNESCO, etc.. Participate and submit parallel reports to the state reports in order to demonstrate insufficient implementation of the CRC by the contracting states. In doing so, gaps or errors in the state reports can be clarified and deficits can be pointed out (Art. 45 CRC, Rule 74 VerfO-KRK).

The review of the report takes place in public meetings in which the committee examines whether the state party is correctly implementing the treaties and how it can remedy existing deficiencies (Rule 72 of the Rules of Procedure). For the participation of third parties at the public hearing admission is required (Engl. Accreditation ). If the states do not submit any reports despite a warning, the CRC checks the implementation of the CRC on the basis of the parallel reports and sends the check result with the recommendations to the defaulting state (Rule 71 Rules of Procedure-CRC).

If, during the review of the report, the committee finds that the state has not fulfilled its contractual obligations, it can submit proposals for remedying the deficiencies (Art. 45 lit. d CRC, rule 75 et seq. Rules of Procedure-CRC). These are called Concluding Observations (Engl. Concluding Observations ), respectively.

These suggestions and recommendations of the CRC are not legally binding, implementation cannot be enforced and only a follow-up procedure is provided, in which a reporter checks the implementation of the recommendations by the state. If necessary, the same proposals will be made in the next state report. There are no sanctions against the state concerned.

Since some countries do not submit their reports or submit their reports late, the UN High Commissioner for Human Rights (UNHCHR) compiled a list of the countries that submit their reports on time (e.g. Italy, Switzerland, etc.) and a list of those who are in Are in arrears (e.g. Germany, Lichtenstein, Austria, the Vatican etc.).

Individual complaint

The individual complaints are euphemistically referred to as communications . Complaints can be submitted to the committee in the event of a state party violating the CRC and its two additional protocols, provided that the state in question has ratified these agreements (Art. 5 CRC 3rd FP). This procedure is regulated in Part II of the CRC 3rd FP and in Part II of the VerfO-FP.

For this purpose a guideline for complaints ( model complaints form ) was created, with legal information and the information required by the CRC.

The complaint must be submitted to the committee in writing, it must not be anonymous and must be written in one of the committee's working languages. For this, the national legal process must be unsuccessful (Art. 7 CRC 3rd FP). Only then can individual complaints be submitted to the committee within one year. Submissions made after this deadline will be declared inadmissible ( ratione temporis ). Complaints can also be rejected on the grounds that the committee is not competent because the alleged violation is not contained in the CRC or one of its additional protocols ( ratione materiae ) or it constitutes an abuse of the right to complain. The same complaint may not be submitted to another international body (e.g. the ECHR , another UN treaty body , etc.).

The complaints submitted to the UN are usually first formally examined by the UHCHR Secretariat (Rule 14 and 16 Rules of Procedure 3 FP), then the complaint is either rejected by the Secretariat or registered and forwarded to the committee (Rule 16 Rules of Procedure 3 FP). If the notification was not accepted, the complainant is informed of this in a standard letter, in which mostly insufficient reasons are given, although this is not provided for (Art. 7 CRC) and information would have to be obtained instead (Rule 15 Rules of Procedure-FP). No statistics are kept on the number of complaints already rejected by the Secretariat.

If it has been accepted, the complaint is forwarded to the state concerned for comments, whereupon the latter can raise the objection of inadmissibility (Rule 18 Rules of Procedure 3 FP). The committee also tries to reach an amicable agreement (Art. 9 CRC 3rd FP, Rule 25 Rules of Procedure 3 FP). If the contracting state agrees, this is recorded in a decision ( Discontinuance decision ), which settles the case.

If no amicable agreement can be reached, the committee examines the formal admissibility of the complaint (Art. 10 CRK 3rd FP, Rule 20 VerfO-FP). If he declares the complaint to be inadmissible, then - in contrast to the secretariat - he justifies his decision of the inadmissibility. If the complaint has been admitted, he will deal with the content of the complaint. If he discovers a breach of contract, he submits proposals and recommendations to the state on how to remedy this (Art. 10 CRC 3rd FP).

The recommendations are not legally binding. It is then at the discretion of the state whether or not to duly comply with the recommendations (Art. 11 CRC 3rd FP). The implementation of the recommendations cannot be enforced; only a follow-up procedure is provided in which a reporter checks the implementation of the recommendations by the state. There are no sanctions against the state concerned.

Complaints submitted by children

According to the committee, children can submit individual complaints to it after the national legal process has been unsuccessful. The committee distinguishes between complaints from children ( Communications submitted by children ) and from adults ( Communications submitted by adults ).

In General Comment No. 12, the Committee stated that children must have the right to be heard and exercise their rights and that an effective remedy for children in judicial and administrative proceedings must be provided so that children themselves or through a representative must be theirs Can exercise rights.

The complaints submitted by children - in contrast to the complaints by adults - are not checked for admissibility by the secretariat, but immediately forwarded to the committee. Children may also write the individual complaint in their language. The complaint is then referred to the responsible working group, which examines the complaint substantively. The decision whether a breach of power or not, would for Children be formulated ( will be drafted using child-friendly language ).

In the event of complaints from representatives of the children's interests, he would check whether there was an abuse of law, e.g. in the case of divorce, if one parent files an individual complaint but pursues their own interests and not the interests of the child, the child's best interests.

Precautionary measures

When submitting an individual complaint, precautionary measures ( interim measures ) can be requested at the same time (Rule 7 VerfO-FP) if there is a threat of irreparable damage. Such requests must be marked as soon as possible - with the note Urgent Interim measures so that the secretariat has enough time to examine the request and - if the complaint is not immediately rejected - to order such measures. In this regard, the committee prepared a guideline detailing the precautionary measures.

The committee can also order such measures of its own accord (Art. 6 CRC), but it does not constitute a decision on the admissibility of the complaint or the determination of a breach of contract by the state.

Complaints to the CRC and ECHR

A complaint, for example because of a violation of Art. 9 Para. 4 CRC and Art. 5 ECHR, imprisonment may not be submitted to the Committee and the ECHR at the same time , as the facts are the same (same matter). However, it is permissible to file a complaint with the committee on the grounds of Article 14 CRC religious freedom and with the European Court of Human Rights a complaint on the grounds of a violation of Article 7 ECHR. No punishment without a law , as there is no overlap but rather different breaches of contract by the same state. Religious freedom for children is not provided for in the ECHR, only in the CRC.

There are complaints that were first submitted to the ECHR, but the complaint was not accepted by the ECHR with the standard reasoning: the complaint does not appear to violate the rights and freedoms guaranteed in the Convention (ECHR) or its additional protocols , the complaint then by one UN Committee was rejected on the grounds that it had allegedly been examined by the ECHR, although the ECHR did not examine the substance of the complaint but did not accept it.

In accordance with decision no. 577/2013 of the CAT committee of February 9, 2016, within the meaning of NB c. Russia for torture. At the same time, the complainant had submitted an identical complaint to the ECHR (No. 33772/13), which is why the CAT Committee rejected the complaint (see CAT decision RZ 8.2). In the judgment database HUDOC of the ECHR, however, there is no judgment with the No. 33772/13, as the complaint was refused by the law firm and struck from the register - and therefore not examined by the ECHR.

In contrast to the UN committees, the ECHR rejects individual complaints, which essentially correspond to a complaint previously examined by the ECHR (Art. 35 (2) lit b ECHR). The UN committees accept such identical complaints until the states change their laws and case law.

State complaint

The Committee is empowered to investigate state complaints if a state party claims that another state party is not fulfilling its obligations under the CRC and the two optional protocols. The prerequisite for this is that, when ratifying the third Optional Protocol, both states expressly recognized the relevant competence of the committee in a declaration (Art. 12 CRC 3rd FP). The procedure for state complaints is regulated in Part IV of the Rules of Procedure 3. FP.

The committee then tries to mediate and to reach an amicable agreement, if no agreement could be reached, this is summarized in a report, which completes the procedure (Rule 49 Rules of Procedure 3rd FP).

So far, only twelve states have agreed to this procedure, Monaco had even expressly rejected the committee, although express consent would have been necessary.

Investigation procedure

The third optional protocol also contains an investigation procedure which legitimizes the committee to conduct investigations if there is reliable information about serious or systematic breaches of contract by a state, e.g. when using child soldiers. The aim is to involve the relevant contracting state (Art. 13 et seq. CRC 3rd FP), the investigation procedure is regulated in Part III of the Rules of Procedure 3rd FP.

The prerequisite for this is that the state concerned explicitly recognized the committee's competence in this regard when ratifying the treaty (Art. 13 (7) CRC 3rd FP). This authorization of the committee can in turn be withdrawn at any time by the contracting states by means of a corresponding declaration (Art. 13 para. 8 CRC 3rd FP).

After the investigation process has been completed, the CRC transmits the investigation results to the relevant contracting state. If he found grievances, he gave him recommendations on how to remedy these grievances. The state should inform the committee of the measures taken or intended within six months. The state report procedure is intended as a follow-up procedure for monitoring the implementation of the recommendations (Art. 14 CRK 3rd FP, Rule 42 Rules of Procedure 3rd FP).

General comments from the CRC

The interpretation and clarification of certain provisions in the CRC and the associated protocols, the CRC Committee published General remarks (English. General comments ). They are intended to dispel misunderstandings and to assist the contracting states in fulfilling their obligations.

Members of the CRC

Surname country until on
Ms. Suzanne AHO-ASSOUMA TogoTogo Togo 02/28/23
Ms. Amal Salman ALDOSERI BahrainBahrain Bahrain 02/28/21
Hynd AYOUBI IDRISSI MoroccoMorocco Morocco 02/28/23
Mr. Bragi GUDBRANDSSON IcelandIceland Iceland 02/28/23
Mr. Philip D. JAFFE SwitzerlandSwitzerland Switzerland 02/28/23
Ms. Olga a. KHAZOVA (Vice) RussiaRussia Russia 02/28/21
Mr. Cephas LUMINA ZambiaZambia Zambia 02/28/21
Mr. Gehad MADI EgyptEgypt Egypt 02/28/23
Mrs. Faith MARSHALL-HARRIS BarbadosBarbados Barbados 02/28/23
Mr. Benyam Dawit MEZMUR EthiopiaEthiopia Ethiopia 02/28/21
Mr. Clarence NELSON SamoaSamoa Samoa 02/28/23
Ms. Mikiko OTANI JapanJapan Japan 02/28/21
Mr. Luis Ernesto PEDERNERA REYNA UruguayUruguay Uruguay 02/28/21
José Angel RODRÍGUEZ REYES VanuatuVanuatu Vanuatu 02/28/23
Ms. Aïssatou Alassane Moulaye SIDIKOU NigerNiger Niger 02/28/23
Ms. Ann Marie SKELTON South AfricaSouth Africa South Africa 02/28/21
Ms. Velina TODOROVA BulgariaBulgaria Bulgaria 02/28/21
Ms. Renate WINTER AustriaAustria Austria 02/28/21

criticism

Children are an emotional issue as they are the weakest in a society, which implies that parents and a society are responsible for protecting children. The committee does not differentiate between children and young people. If the committee treats children like adults, if it considers children to be capable of judgment and if, in its view, children are able to exercise and enforce their own rights, then children are burdened with a sense of personal responsibility which they cannot cope with. This enables a society to discharge itself of its own responsibility towards children.

Additional information

Reports of the state reports

Contractual basis

literature

See also

Web links

Individual evidence

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