The Third Optional Protocol to the Convention on the Rights of the Child: Preliminary case law assessment for the effective promotion and protection of children’s rights
Abstract
On the occasion of the thirtieth anniversary of the United Nations
Convention on the Rights of the Child, the locus standi of the child could be
considered among its key elements. CRC has also been strengthened by the
adoption of the Third Optional Protocol (Optional Protocol to the Convention
on the Rights of the Child on a communications procedure) introducing the
communication mechanism under the mandate of the CRC Committee. The
decisions released by this monitoring body interestingly exemplify how the
mechanism functions. The reasoning the Committee takes on in cases related to
the best protection of the rights of claimants is examined in this contribution.
In order to understand the operational relevance of the mechanism, different
categories of cases so far handled by the CRC Committee will be explored:
for instance, communications that have either been declared inadmissible,
discontinuous or examined and decided on in order to take measures against
the states directly concerned. The investigation will be supplemented by
referencing pending cases, as described by the CRC Committee in its latest
published report about the communications still under examination. Starting
from the rights under examination and the recognition of the locus standi
in favour of the child, the ultimate aim of the contribution is to assess how
the communication mechanism is relevant in terms of advanced guarantees.
Additionally, the article will explore whether, although different from judicial
reasoning, it remains a relevant mechanism for the promotion and protection of
children’s rights at the maximum level.
Key words: Convention on the Rights of the Child; Third Optional Protocol;
communication procedure; best interests of the child; children’s rights
Digital Object Identifier (DOI)
http://doi.org/20.500.11825/1700Collections
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