Posted the: 2014-08-20 Numac: 2014015143 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 21 February 2014. -Law approving the Optional Protocol to the Convention on the rights of the child laying down a procedure for the submission of communications, adopted in New York on 19 December 2011 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Optional Protocol to the Convention on the rights of the child laying down a procedure for the submission of communications, adopted in New York on 19 December 2011, will release its full and complete effect.
S. 3. the competence of the Committee on the rights of the child, under article 12 of the Optional Protocol, receive communications from a State party that another State does not meet its obligations, is recognized.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, February 21, 2014.
PHILIPPE by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Minister of Justice, Ms. A. TURTELBOOM seen and sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Senate (www.senate.be): Documents: 5-2263 annals of the Senate: 07/11/2013 House of representatives (www.lachambre.be): Documents: complete record 53-3124: 19/12/2013 (2) see the Decree of the Flemish community / the Flemish Region from December 14, 2012 (Moniteur belge of 25 January 2013 - Ed. 2-31 January 2013), the Decree of the French community of June 6, 2013 (Moniteur belge of 2 July 2013), the Decree of the German-speaking community by March 31, 2014 (Moniteur belge of April 30, 2014), the Decree of the Walloon Region from May 30, 2013 (Moniteur belge of 7 June 2013), order of the Brussels-Capital Region from July 26, 2013 (Moniteur belge of 3 September 2013) the order of the common Community Commission of the Brussels-Capital Region from February 27, 2014 (Moniteur belge of April 2, 2014) and the Decree of the French Community Commission of the Brussels-Capital Region from December 5, 2013 (Moniteur belge of 30 may 2014).
Optional Protocol to the Convention on the rights of the child laying down a procedure for the submission of communications. the States parties to the present Protocol, considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity of all members of the human family and their equal and inalienable rights is the Foundation of freedom justice and peace in the world, noting that States parties to the Convention on the rights of the child (hereinafter 'the Convention') Recognizing the rights set out therein to any child within their jurisdiction, without distinction none, regardless of race, color, sex, language, religion, political or other opinion national, ethnic or social origin, the situation of fortune, disability, birth or any other situation of the child or his parents or legal representatives, reaffirming that all human rights and fundamental freedoms are universal, indivisible, interdependent and interrelated, reaffirming also the status of the child as a subject of rights and as human beings whose dignity must be recognized and whose capacities are evolving Recognising that, taking into account their special status and their State of dependence, children can have difficulties to avail themselves of the remedies available in the event of violation of their rights, whereas this Protocol will strengthen and complement national and regional mechanisms for children to submit complaints for violation of their rights, recognizing that , in the exercise of the remedies in case of violation of rights of the child, the best interests of the child should take precedence and that the procedures at all levels within these remedies should be tailored to children, encouraging States parties to develop national mechanisms to allow a child whose rights have been violated to have access to effective remedies at the national level Recalling the important role that national human rights institutions and other relevant specialized agencies responsible for promoting and protecting the rights of children can play in this regard, whereas, to reinforce and complement these national mechanisms and to further improve the implementation of the Convention and, where applicable, the optional protocols to the Convention on the sale of children, child prostitution and pornography involving children, and the involvement of children in armed conflicts, should be conferred on the Committee on the rights of the child (hereinafter referred to as 'the Committee') to perform the functions laid down in the present Protocol, agreed to the following: first part provisions General Article 1 jurisdiction of the Committee on the rights of the child 1.
Any State party to the present Protocol recognizes the competence conferred on it by this Protocol Committee.
2. the Committee does not exercise jurisdiction over a State party to the present Protocol to cases concerning the violation of rights set forth in an instrument to which the State in question is not a party.
3. the Committee receives no communication concerning a State which is not a party to this Protocol.
Article 2 General principles guiding the exercise of the functions of the Board in the exercise of the functions conferred by this Protocol, the Committee is guided by the principle of the best interests of the child. It also takes into account the rights and the opinion of the child, giving it due weight according to the ssge and the degree of maturity of the child.
Article 3 rules of procedure 1. The Committee shall adopt rules relating to the exercise of the functions conferred by this Protocol. In so doing, it takes into account in particular article 2 of this Protocol in order to ensure that the procedures are adapted to children.
2. the Committee shall include in its rules of procedure safeguards to prevent the child being manipulated by those who act on its behalf and may refuse to consider a communication if it considers that it does not have the best interests of the child.
Article 4 protection measures 1.
The State shall take all necessary measures to ensure that persons under its jurisdiction are no violation of human rights and are subject to any form of ill-treatment or intimidation that they communicate or cooperate with the Committee in respect of this Protocol.
2. the identity of the person or the Group of persons concerned is not publicly disclosed without the express consent of the persons concerned.
SECOND part Procedure for submission of communications Article 5 individual Communications 1.
Communications may be submitted by individuals or groups of individuals or on behalf of individuals or groups of individuals under the jurisdiction of a State party, claiming to be victims of a violation by that State party of any rights set forth in any of the following instruments to which the State is party: (a) the Convention;
(b) the Optional Protocol to the Convention on the sale of children, child prostitution and pornography involving children;
(c) the Optional Protocol to the Convention on the involvement of children in armed conflict.
2. a communication may be submitted on behalf of individuals or groups of individuals without their consent unless the author can justify acting on their behalf without such consent.
Article 6 provisional measures 1.
After receipt of a communication, and before taking a decision on the merits, the Committee may at any time submit a request to the urgent attention of the State party concerned to take interim measures that prove necessary in exceptional circumstances to avoid that irreparable harm is caused to the victim or victims of the alleged violations.
2. the exercise by the Board of the Faculty given by paragraph 1 of the present article is without prejudice to its decision on the admissibility or the merits of the communication.
Article 7 admissibility the Committee declare inadmissible a communication when: (a) the communication is anonymous;
(b) the communication is not submitted in writing;
(c) the communication constitutes an abuse of the right to submit such communications or is incompatible with the provisions of the Convention or the Optional Protocols thereto;
(d) the same matter has already been examined by the Committee or has been or is considered under another international procedure of investigation or settlement;
(e) all available domestic remedies have not been exhausted. This rule does not apply if the appeal proceedings exceeds a reasonable time, or if it is unlikely that it allows to obtain an effective remedy;
(f) the communication is manifestly ill-founded or insuffisammentmotivee;
(g) the facts that are the subject of the communication are prior to the date of entry into force of this Protocol for the State party concerned unless those facts continued after that date;
(h) the communication is not submitted within twelve months following the exhaustion of domestic remedies, except in cases where the author can demonstrate that it was not possible to submit the communication within that period.
Article 8 Transmission of communication 1. The Committee shall confidentially and expeditiously to the attention of the State party concerned any communication that is addressed to him pursuant to this Protocol, unless it deems it inadmissible.
2. the State party has written to the Committee explanations or statements clarifying the matter and indicating the corrective measures it has taken. The State party submits its response as soon as possible, within a period of six months.
Articole 9 settlement 1. The Committee shall make its good offices available to the parties to reach an amicable settlement of the issue based on the respect for the obligations set out in the Convention or the Optional Protocols thereto.
2. any agreement to settle concluded under the auspices of the Committee puts an end to the consideration of the communication submitted under this Protocol.
Article 10 review of communications 1.
The Committee considered as quickly as possible the communications addressed to it under this Protocol taking into account all documentation that it has been submitted, with the understanding that this documentation must be communicated to interested parties.
2. the Committee holds its meetings in camera when considering communications addressed to it under this Protocol.
3. where the Committee requested provisional measures, it proceeds without delay to the consideration of the communication.
4. when examining communications alleging violations of economic, social or cultural rights, the Committee evaluates the reasonableness of measures taken by the State party in accordance with article 4 of the Convention. In doing so, he keeps in mind that the State party may adopt different policy measures to implement economic, social and cultural rights enshrined in the Convention.
5. After examining a communication, the Committee shall promptly transmit to the parties its views on the communication, possibly accompanied by recommendations.
Article 11 follow-up 1. The State party takes into account the findings and any recommendations of the Committee and shall submit a written reply containing information on any action taken or envisaged in the light of its findings and recommendations. The State party submits its response as soon as possible, within a period of six months.
2. the Committee may invite the State party to submit further information on any action taken in response to its views or recommendations or on the application of any settlement agreement, including, if the Committee deems it appropriate, in future the State party reports submitted under article 44 of the Convention, article 12 of the Optional Protocol to the Convention concerning the sale of children, child prostitution and child pornography featuring children, or article 8 of the Optional Protocol to the Convention, on the involvement of children in conflict armed, as appropriate.
Article 12 inter-State Communications 1. Any State party to the present Protocol may declare at any time that it recognizes the competence of the Committee to receive and consider communications in which a State party claims that another State party is not its obligations to the one fulfilling any of the following instruments to which the State is party: (a) the Convention;
(b) the Optional Protocol to the Convention on the sale of children, child prostitution and pornography involving children;
(c) the Optional Protocol to the Convention on the involvement of children in armed conflict.
2. the Committee does not receive any communication to a State party which has not made such a statement or from a State party which has not made such a statement.
3. the Committee shall make good offices available to the States parties concerned to reach an amicable settlement of the issue based on the respect of the obligations of the Convention and the Optional Protocols thereto.
4. States parties deposit the statement they have made pursuant to paragraph 1 of this article with the Secretary-General of the Organization of the United Nations, which copy shall inform other States parties. A declaration may be withdrawn at any time by notification addressed to the Secretary general. Such withdrawal is without prejudice to the consideration of any matter which is the subject of a communication already transmitted under this article; any other communications from a State party will be received under this article after the Secretary-General receives notification of withdrawal of the declaration, unless the State party concerned has made a new declaration.
THIRD party investigation Procedure Article 13 investigation for serious or systematic violations 1. If the Committee receives reliable information indicating that a State party is grave or systematic violation of rights set forth in the Convention, the Optional Protocol to the Convention, on the sale of children, prostitution of children and child pornography featuring children, or the Optional Protocol to the Convention, on the involvement of children in armed conflict, he invited that State party to cooperate in the examination of this information and , to this end, to submit without delay its observations thereon.
2 taking into account the observations made by the State party concerned, as well as any other credible information available to it, the Committee may designate one or more of its members to conduct an inquiry and to report urgently of its results. The investigation may, where justified, and that the State party gives its agreement, include a visit to the territory of that State.
3. the survey takes place in confidentiality, and the cooperation of the State party is requested at all stages of the proceedings.
4. After studying the results of the investigation, the Committee shall immediately communicate without delay to the State party concerned, together with observations and recommendations.
5 as soon as possible, and no later than six months after receipt of the results of the investigation and of the observations and recommendations transmitted by the Committee, the State party concerned presents its observations to the Committee.
6. Once completed the investigation procedure business pursuant to paragraph 2 of this article, the Committee may, after consultations with the State party concerned, decide to include a summary report of the results of the procedure in the report provided for in article 16 of this Protocol.
7. each State party may, at the time it signs this Protocol, ratifies or accedes thereto declare that it does not recognize the competence of the Committee for the purposes of this section with respect to the rights set out in one or all of the instruments listed in paragraph 1.
8. any State party having made the declaration provided for in paragraph 7 of the present article may, at any time, withdraw this declaration by notification addressed to the Secretary general of the United Nations.
Article 14 monitoring the inquiry procedure 1. The Committee may, if necessary, at the end of the period of six months referred to in paragraph 5 of article 13, invite the State party concerned to inform it of the measures taken or envisaged an enquiry in respect of article 13 of this Protocol.
2. the Committee may invite the State party to submit further information on any action taken in response to an inquiry conducted under article 13, including, if the Committee deems it appropriate, in subsequent reports the State party submitted under article 44 of the Convention, article 12 of the Optional Protocol to the Convention, on the sale of children child prostitution and child pornography featuring children, or article 8 of the Optional Protocol to the Convention on the involvement of children in conflict armed, as appropriate.
FOURTH part provisions finals Article 15 Assistance and international cooperation 1.
The Committee may, with the consent of the State party concerned, transmit to the specialized agencies, funds and programmes United Nations and other competent bodies his findings or recommendations concerning communications and applications alleging a need assistance or advice technical, accompanied, where appropriate, comments and suggestions from the State party on these findings or recommendations.
2. the Committee may also bring to the attention of these entities, with the consent of the State party questions that raise the communications examined under this Protocol which can concerned, assist them in deciding, each within its own sphere of competence, on the advisability of international measures to assist the State party to make progress towards the implementation of the rights recognized in the Convention or the Optional Protocols thereto.
Article 16 report to the General Assembly the Committee to be included in the report presented every two years to the General Assembly in application of paragraph 5 of article 44 of the Convention a summary of its activities under the present Protocol.
Article 17 dissemination and information on the Optional Protocol
Each State party seeks to make widely known and to disseminate this Protocol as well as to facilitate the access of adults and children, including those who are disabled, the information on the findings and recommendations of the Committee, in particular as regards cases involving the State party, by appropriate and active means and in an accessible form.
Article 18 Signature, ratification and accession 1.
The present Protocol is open for signature by all States which have signed or ratified the Convention or one of the first two optional protocols thereto, or acceded.
2. the present Protocol is subject to ratification by any State which has ratified the Convention or one of the first two optional protocols thereto, or that acceded. Instruments of ratification shall be deposited with the Secretary-General of the United Nations.
3. the present Protocol is open for accession by any State which has ratified the Convention or one of the first two optional protocols thereto, or that acceded.
4. membership is done by the deposit of an instrument of accession with the Secretary-General.
Article 19 entry into force 1. This Protocol shall enter into force three months after the date of deposit of the tenth instrument of ratification or accession.
2. for each State which ratifies this Protocol or accedes thereto after the deposit of the tenth instrument of ratification or accession, the Protocol shall enter into force three months after the date of deposit by such State of its instrument of ratification or accession.
Article 20 Violations committed after the entry into force 1. The Committee has competence only in respect of violations by the State part of any rights set forth in the Convention or one of the first two optional protocols thereto committed subsequent to the entry into force of this Protocol.
2. If a State becomes a party to this Protocol after the entry into force, its obligations to the Committee concern that violations of the rights set forth in the Convention or one of the two optional protocols thereto first committed subsequent to the entry into force of the present Protocol for the State concerned.
Article 21 amendments 1.
Any State party may propose an amendment to the present Protocol and submit it to the Secretary-General of the United Nations. The Secretary-General communicated the amendment proposals to the States parties, asking them to let him know if they support the convening of a meeting of the States parties to consider these proposals and to take action on them. If, in the four months following the date of this communication, a third at least of States parties are in favour of the convening of such a meeting, the Secretary-General shall convene the meeting under the auspices of the Organization of the United Nations. Any amendment adopted by a majority of two-thirds of the States parties present and voting is submitted for approval to the General Assembly by the Secretary-General, and then for acceptance to all States parties.
2. an amendment adopted and approved in accordance with paragraph 1 of the present section comes into force the thirtieth day following the date at which the number of instruments of acceptance deposited reaches two thirds of the number of States parties at the date of its adoption. Thereafter, the amendment shall enter into force for each State party the thirtieth day after the deposit by such State of its instrument of acceptance. The amendment binds only States parties that have accepted him.
Article 22 denunciation 1. Any State party may denounce the present Protocol at any time by sending a written notification to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary general.
2. the provisions of this Protocol continue to apply to any communication under articles 5 or 12 or any procedure in accordance with article 13 before the date when the denunciation takes effect.
Article 23 depositary and notification by the Secretary-General 1. The Secretary general of the Organization of the United Nations is the depositary of this Protocol.
2. the Secretary-General shall inform all States: (a) signatures, ratifications and accessions to this Protocol;
(b) from the date of entry into force of this Protocol and any amendment adopted in respect of article 21;
(c) of any denunciation in respect of article 22 of this Protocol.
Article 24 languages 1.
This Protocol, of which the Arabic, Chinese, English, french, Russian and Spanish texts also have faith, will be deposited in the archives of the United Nations.
2. the Secretary-General of the United Nations shall transmit certified copies of this Protocol to all States.
(4) list magpies States / organizations Date Authentication Type of consent Date consent entry local force Albania 24/09/2012 Ratification 29/05/2013 14/04/2014 Germany 28/02/2012 Ratification 28/02/2013 14/04/2014 Andorra 26/09/2012 Ratification Argentina 07/25/2012 Ratification Austria 28/02/2012 Ratification Belgium 28 / 02 / 2012 Ratification 30/05/201430/08/2014 Bolivia accession 02 / 04 / 2013 14 / 04 / 2014 Brazil 28 / 02 / 2012 Ratification BENIN 24 / 09 / 2013 Ratification Cape Verde (Islands) 24/09/2012 Ratification Chile 28/02/2012 Ratification Cyprus 27/07/2.012 Ratification Costa Rica 28/02/2012 Ratification 14/01/2014 14/04/2014 Côte d'Ivoire 24/09/2013 Ratification Croatia 27/12/2013 Ratification EL SALVADOR 25/07/2013 Ratification Ecuador 24/04/2013 Ratification Spain 28/02/2012 Ratification 03/06/2013-14/04/2014 Finland 28/02/2012 Ratification GABON membership 09-25-2012 14/04/2014 GHANA 24/09/2013 Ratification GUINEA-BISSAU 24/09/2013 ratification Italy 28/02/2012 Ratification LIECHTENSTEIN 24/09/2012 Ratification LUXEMBOURG 28/02/2012 Ratification Macedonia (EX - REP. Yugoslav from) 23/05/2012 Ratification MADAGASCAR 09-24-2012 Ratification MALDIVES 28/02/2012 Ratification MALI 28/02/2012 Ratification Malta 18/04/2012 Ratification Morocco 28/02/2012 Ratification Mauritius 13/08/2012 Ratification Mongolia 04/10/2013 Ratification MONTENEGRO 28/02/2012 Ratification 24/09/2013-14/04/2014 PARAGUAY 26/09/2012 Ratification Poland 30/09/2013 Ratification PORTUGAL 28/02/2012 Ratification 24/09/2013-14/04/2014 Peru 28/02/2012 Ratification Romania 13. 06/2012 ratification Serbia 28/02/2012 Ratification SEYCHELLES 24/09/2013 Ratification Slovakia 28/02/2012 Ratification 03/12/2013-14/04/2014 Slovenia 28/02/2012 Ratification SENEGAL 01/10/2012 Ratification Thailand 25/09/2012 Ratification 25/09/2012-14/04/2014 Turkey 24 / 09 / 2012 Ratification URUGUAY 28 / 02 / 2012 Ratification DECLARATION «the Kingdom of Belgium recognizes the competence of the Committee on the rights of the child to receive. , pursuant to article 12 of the Optional Protocol, communications from a State party that another State does not meet its obligations. »