Abstract

http://ssrn.com/abstract=2209507
 


 



Utilizing the Communication Procedures of the ACERWC and the UNCRC


Warren Binford


Willamette University College of Law

October 29, 2012


Abstract:     
“Communications” have become an increasingly popular way to enforce human rights. However, the most widely ratified human rights treaty in the world, the United Nations Convention on the Rights of the Child ("UNCRC"), is unique from all other human rights treaties that have a state reporting procedure in that it provides no communications procedure for individual victims or groups of victims to communicate to the UNCRC violations of rights recognized by the CRC and its optional protocols. In other words, the UNCRC lacks competence to hear individual communications and children, thus, are unable to enforce their rights under the CRC through the United Nations Committee on the Rights of the Child.

Because of this gap in the enforcement provisions of the CRC relative to other human rights treaties, a number of child advocates from a variety of non-governmental organizations successfully lobbied the international community to draft an Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure (“Third Optional Protocol”). The Third Optional Protocol was approved by the United Nations General Assembly on December 19, 2011, and opened for signature on February 28, 2012.

This paper explains the communications procedure under the Third Optional Protocol and with the African Committee of Experts on the Rights and Welfare of the Child so that both procedures are better understood by children's advocates.

Number of Pages in PDF File: 11

Keywords: CRC, ACERWC, Communications Procedure, Children's Rights, Human Rights

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Date posted: January 31, 2013  

Suggested Citation

Binford, Warren, Utilizing the Communication Procedures of the ACERWC and the UNCRC (October 29, 2012). Available at SSRN: http://ssrn.com/abstract=2209507 or http://dx.doi.org/10.2139/ssrn.2209507

Contact Information

W. Warren Hill Binford (Contact Author)
Willamette University College of Law ( email )
245 Winter St. SE
Salem, OR 97301
United States
503-370-6758 (Phone)
503-375-5433 (Fax)
HOME PAGE: http://www.willamette.edu/wucl/faculty/profiles/binford/
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