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