Understanding the Third Optional Protocol to the Convention on the Rights of the Child
Explore the creation and workings of the Third Optional Protocol to the Convention on the Rights of the Child (OP3.CRC), including key provisions and how it provides a communication procedure for child victims or their representatives to allege violations of child rights by State parties to the treaty.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
You are allowed to download the files provided on this website for personal or commercial use, subject to the condition that they are used lawfully. All files are the property of their respective owners.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author.
E N D
Presentation Transcript
The third Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OP3 CRC) Anita Goh Advocacy Officer goh@childrightsconnect.org
Creation of OP3 CRC 28 February 2012: the Protocol was open to signature and ratification by UN Member States On 14 January 2014, Costa Rica was the 10thState to ratify OP3 CRC. OP3 CRC entered into force on 14 April 2014 for those States. The ten States parties are: Thailand, Gabon, Germany, Bolivia, Albania, Spain, Portugal, Montenegro, Slovakia and Costa Rica. As of today, 45 signatories, including Austria, Belgium, Croatia, Cyprus, Finland, Italy, Macedonia, Poland, Romania, Serbia and Slovenia. OP3 CRC is only applicable in the 10 States that have ratified it and will enter into force in new States parties 3 months after their ratification.
How will OP3 CRC work? WHO = Child victims (individuals or groups) or their representatives HOW = Submit a complaint after exhaustion of effective domestic remedies WHAT = Alleging the violation of rights guaranteed under the CRC, OPSC and/or OPAC by a State party to that treaty and to OP3 CRC WHERE = To the Committee on the Rights of the Child
How will OP3 CRC work? (2/2) Remember: It is a quasi-judicial mechanism= the procedure is similar to court proceedings but decisions are not legally binding Only available to those living in a country that accepted the communications procedure (through the ratification or accession of OP3 CRC) Only for violations of rights that can relate to an action/inaction of the State concerned Mechanism complementary to national level= all the domestic remedies must be exhausted (except if they are uneffective or unduly prolonged)
Key provisions of OP3 CRC Articles 2 & 3 General principles to be followed by the Committee The Committee shall interpret the provisions of the OP in a way that it ensures the best interests and the right to be heard of the child. Its new 'Rules of Procedure' must guarantee child- sensitive Procedures. The Committee has the power to decline to examine any communication that would be contrary to the child's best interests.
Key provisions of OP3 CRC Article 5 Individual communications If the communication is submitted by a representative of a victim(s), the representative must: show the consent of the victim(s), or justify that it was not possible to get consent
Key provisions of OP3 CRC Article 7 Admissibility requirements A communication is admissible if it is: Written Not anonymous Violation did not occur before the entry into force of the OP, except if continuous violation Domestic remedies have been exhausted, except if ineffective or unduly prolonged Submitted within one year of final decision, except if impossible
Key provisions of OP3 CRC Article 13 Inquiry procedure for grave or systematic violations Additional, optional mechanism (opt-out) Open to any actor (not only to victims) Reliable information indicating grave or systematic violations Confidential but information is transmitted to the State concerned Possibility of country visit, with the consent of the State
The International Coalition RatifyOP3CRC.ORG
The International Coalition RatifyOP3CRC.ORG
The International Coalition RatifyOP3CRC.ORG
Contact and useful links Contacts: International Coalition: info@ratifyop3crc.org European focal point: Eurochild Useful links: www.ratifyop3crc.org www2.ohchr.org/english/bodies/hrcouncil/OEWG/ www2.ohchr.org/english/bodies/crc/OPIC_Ceremony.htm
