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1. General
description
By virtue of article 43 of the
Convention a Committee on the Rights of the Child was installed to
assess the progress made by the States regarding the fulfilment of
their obligations. The members of the Committee on the Rights of
the Child do not represent their country, Government or any other
organization to which they may belong, they are solely accountable
to the children of the world. Composed of ten independent experts
serving in their personal capacity, the Committee's mandate
derives from the provisions and principles of the Convention. The
members of the Committee are elected for a period of four years
and meet at least twice a year in Geneva Switzerland The term of
office of five of the members who were elected during the first
elections comes to an end after two years. The Committee can
therefore have a different composition every two years.
The
Committee is charged with the task of monitoring the
implementation of the Convention. Its responsibilities consist
mainly of examining the progress made by States Parties in
fulfilling their obligations under the Convention. There is no
practical possibility for the Committee to monitor in detail the
implementation of the Convention in each country. The Committee
prefers to adopt an approach that emphasizes the importance of
discussion about the rights of the child in a country by focusing
on the most crucial and imminent problems and suggesting possible
remedies. The Committee is also entrusted with a decisive and
important function- the promotion of international co-operation
and solidarity, and the consideration of forms of technical
assistance and advice. The Committee can therefore play a
catalizing role in this area, encouraging the combined action
between States, United Nations bodies and other competent bodies,
including NGOs, with a view to foster the implementation of the
Convention. It should however be noted that the Committee can only
receive or consider information concerning countries which have
ratified the Convention. It is not authorized to examine
individual complaints concerning violations of the rights of the
child.
2. Procedures regarding the discussion of
State Party reports
When a State Party submits a
report, as required by article 44 of the Convention, members of
the Committee gather for a pre-sessional working group to prepare
the discussion at the next session. The working group devotes
about three hours to a country's report. Beside the State Party
report, information from other UN bodies and NGOs are also taken
into account. These organizations are then invited to take part in
the preparatory meetings.
The working group writes a
letter to the State Party with an invitation to the plenary
session. It also sends to the latter a list of possible points of
concern which specifies the areas of interest for the forthcoming
discussion. This enables the State Party to prepare itself for the
discussion at the plenary session. This, however, does not exclude
the possibility for the Committee to tackle new issues during the
plenary session.
At the plenary session, the State Party
is given the opportunity to respond to the points on the list.
Generally, the UN bodies present do not intervene during the
plenary country discussions. As for NGOs they cannot intervene
either. The understanding is that these organizations bring their
contribution at the pre-sessional deliberations.
Finally,
once the Committee hears the State Party, it then agrees on "Concluding
Observations" which are statements of the Committee's
findings. |