Rules of procedure under the Optional Protocol to the Convention on the Rights of the Child on a communications procedure

CRC/C/62/3
16/04/2013

Part one
General provisions

The general provisions apply to all procedures, be they individual communications, the inquiry procedure, or inter-State communications.

I. General principles guiding the functioning of the Committee

General principles

Rule 1
1. In fulfilling all functions conferred on it by the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (the Protocol), the Committee shall be guided by the principle of the best interests of the child(ren). It shall also have regard for the rights and views of the child(ren), the views of the child(ren) being given due weight in accordance with her/his/their age and maturity.

2. In doing so, the Committee shall take all appropriate measures to ensure that the child(ren) is/are not subject to improper pressure or inducement by those acting on her/his/their behalf.
 

Principle of expeditiousness

Rule 2
For any action undertaken under the Protocol and at any stage of the procedure, the Committee shall handle communications expeditiously and avoid unnecessary delays. It shall also encourage the parties to avoid unnecessary delays.

Privacy

Rule 3
The identity of any individual or groups of individuals concerned by any action undertaken under the Protocol shall not be revealed publicly without her/his/their express consent.

 

Protection measures

Rule 4
When the Committee receives reliable information that a State party has not complied with its obligations under article 4, paragraph 1, of the Protocol to take all appropriate measures to ensure that individuals under its jurisdiction are not subjected to any human rights violations, ill-treatment or intimidation as a consequence of communications or cooperation with the Committee, it may request the State party to adopt and take all appropriate measures urgently to stop the breach reported and submit written explanations and clarifications thereon to the Committee. Compliance with this request shall be monitored. The Committee may also issue public statements in this regard and take such action as may be appropriate.