A/65/262
49. At the invitation of OHCHR, the Special Representative participated in
December 2009 in the Human Rights Council’s Open-ended Working Group to
explore the possibility of elaborating an optional protocol to the Convention on the
Rights of the Child to provide a communications procedure. In her submission, the
Special Representative recalled that the United Nations study had recommended the
establishment of effective and independent complaints, investigation and
enforcement mechanisms to deal with incidents of violence against children, and
highlighted the relevance of a communications procedure for children’s protection
from violence. She recommended the development of a legal instrument that was
duly framed by children’s rights, provided for an effective and child-sensitive
remedy, and established legal safeguards to protect child victims and prevent any
risk of manipulation or reprisals.
50. The valuable role played by safe and accessible counselling, and by complaint
and reporting mechanisms for children’s protection from violence was given focused
attention by the Human Rights Council in its panel discussion on the protection of
children from sexual violence, in which the Special Representative on violence
against children also participated in March 2010. The Council adopted a resolution 3
in which it strongly condemned all forms of sexual violence and abuse against
children; and urged States to develop and establish child-sensitive counselling,
complaint and reporting mechanisms that are confidential and safe. The Council also
invited the Special Representative and the Special Rapporteur on the sale of
children, child prostitution and child pornography to submit a joint report on this
topic to the Council at its sixteenth session.
51. To inform the development of the report, the Special Representative will
organize with OHCHR an expert consultation on this topic in September 2010. The
meeting aims to provide a comprehensive overview of existing models of accessible
and child-friendly counselling, complaint and reporting mechanisms, established at
governmental level, and by independent institutions and civil society organizations;
to reflect on challenges and good practices in the use of such mechanisms by
children and their representatives, including in relation to child participation,
accessibility, confidentiality, safeguard of privacy and victims’ protection; and to
make recommendations for their improvement.
52. The Special Representative’s participation, in March 2010, in the meeting of
the International Coordinating Committee of National Institutions for the Promotion
and Protection of Human Rights provided a valuable occasion to discuss ways of
benefiting from the experience and advice of these strategic partners in the
development of the Human Rights Council’s report.
53. National independent institutions, including those with a distinct mandate on
children’s rights, act as spokespersons of children’s voices and concerns, develop
policy advocacy and research, provide critical advice, and in some cases address
individual complaints. Being accessed directly by child victims and witnesses, those
institutions offer an important remedy when violence occurs; and their action is
instrumental to raise awareness about violence against children, to promote gender
and child-sensitive approaches, to capture children’s experiences and trauma, and to
give advice to those in need. Their contribution to the report will be of crucial
relevance.
__________________
3
10-47898
A/HRC/RES/13/20.
11
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