The third Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (OP3 CRC) Anita Goh Advocacy Officer

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 10 th State 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  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. Articles 2 & 3 – General principles to be followed by the Committee

Key provisions of OP3 CRC 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 Article 5 – Individual communications

Key provisions of OP3 CRC 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 Article 7 – Admissibility requirements

Key provisions of OP3 CRC  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 Article 13 – Inquiry procedure for grave or systematic violations

The International Coalition RatifyOP3CRC.ORG

The International Coalition RatifyOP3CRC.ORG

The International Coalition RatifyOP3CRC.ORG

Contact and useful links Contacts: International Coalition: European focal point: Eurochild Useful links: www2.ohchr.org/english/bodies/hrcouncil/OEWG/ www2.ohchr.org/english/bodies/crc/OPIC_Ceremony.htm