SVAW - International Law: United Nations System

UN Committee on the Rights of the Child

Women’s advocates may use the Convention on the Rights of the Child to promote the rights of girls to be free from violence. The Committee on the Rights of the Child is the UN body that monitors the Convention on the Rights of the Child.

The Committee consists of 10 independent experts, but as of 2003, will be increased to 18 members. One of the Committee’s primary functions is to oversee the progress made by State parties in fulfilling their obligations under the Convention, which is carried out through a reporting/ monitoring process. Currently, there is no mechanism under the Committee for the Rights of the Child to submit individual complaints claiming violations of Convention provisions.

States that have [ratified] [link to country pages] the Convention on the Rights of the Child are required to submit periodic reports documenting compliance with the provisions of the treaty every five years. The Committee on the Rights of the Child meets three times a year in regular sessions to review these reports and then will make recommendations to both the national governments and to the UN the General Assembly on compliance with the treaty.

Since its creation, the Committee on the Rights of the Child has strongly encouraged non-governmental organizations (NGOs) to become involved in the monitoring process. First, NGOs may participate in pre-sessional working groups of the Committee to provide expert advice on the implementation of the Convention on the Rights of the Child. The Committee invites NGOs to submit “reports, documentation or other information in order to provide it with a comprehensive picture and expertise as to how the Convention is being implemented in a particular country. . . . Information may be submitted by individual NGOs or national coalitions or committees of NGOs.” The Committee provides guidelines on participation in pre-sessional working groups and the procedure for submitting NGO reports, such as when reports should be submitted, the number of copies and when NGOs may be invited to present remarks to the Committee on its website under Guidelines for the participation of partners in pre-sessional working groups.

In addition, the Committee has emphasized that NGOs should be allowed to contribute to the State reporting process, while making clear that the obligation to submit a periodic report remains with the national government. Thus, the guidelines to State parties on submitting reports include a series of questions about the extent to which NGOs both participated in the writing of the report and also in the implementation of the Convention. NGO contributions to the State report writing process vary by country, but the Committee has underscored the importance of NGOs maintaining their independence from the government in this process. The Committee also encourages NGOs or coalitions of NGOs to submit entire reports of their own that add to or clarify the State party reports. These “shadow” or alternative country reports provide valuable information to the Committee, but are also moist effective when they adhere to specific guidelines. The website of the Committee on the Rights of the Child includes a Guide for NGO Submissions which outlines a process for submission of reports as well as recommendations. The NGO reporting process is also summarized below.

Shadow reports differ from UN complaint mechanisms in that NGOs are not limited in the number of UN bodies to which they can submit such reports. Thus, for the purposes of advocacy, NGOs can bring international attention to issues of violence against women through the monitoring of government obligations under any treaty that protects women’s human rights. Because the Convention on the Rights of the Child applies to girls under the age of 18 and explicitly defines the right to be free from violence, such as physical and sexual abuse or trafficking, NGOs can use shadow reports as a way to focus attention on failures to protect women and girls from violence. For example, NGOs from Poland Ukraine, Slovenia and Georgia have submitted alternative reports to the Committee on the Rights of the Child raising the issue of family violence, sexual abuse, rape and trafficking. These NGO report or summaries of the reports can be accessed from the website of the Child Rights Information Network (CRIN) under NGO Alternative Reports.

The World Organization Against Torture (OMCT), an international coalition of NGOs, has also submitted a shadow report to the Moldovan government’s periodic report to the Committee on the Rights of the Child, in which it notes that “women and girls suffer from entrenched gender discrimination which makes them particularly vulnerable to violence in the domestic, community and state spheres.”

The reporting mechanism available under the Committee on the Rights of the Child is summarized below.

Reporting Mechanism- Committee on the Rights of the Child

*Type of Mechanism*	*Reporting and Monitoring*
Scope of the Procedure	The Rights enumerated in the Convention on the Rights of the Child
Who can Submit a Report	NGOs and coalitions of NGOs
Role of Advocates	NGOs or NGO coalitions can submit “shadow” or alternative reports to State party reports to the Committee. NGOs may also submit materials to pre-sessional working groups of the Committee and can also participate in some dialog with the Committee itself regarding implementation of the Convention.
Available Remedies	No remedies for individual rights violations
How to Submit a Report	There is no single format for shadow reports, but the Committee recommends that the report be no more than 30 pages, be written in English, French or Spanish, include a summary and be submitted within a year of the State’s periodic report. It is also useful for the report to be organized according to the articles of the Convention, as a commentary on the State party report. A shadow report should analyze a particular problem rather than merely describe I and should also include concrete recommendations. The Committee’s Guide for NGO Submissions on how NGOs can contribute to the reporting process are available on the UN website. More information on writing shadow reports, using shadow reports strategically and sample NGO reports can also be found in the Human Rights Investigation and Documentation section of this website.
Where to Send Communications	The Committee on the Rights of the Child 8-14 Avenue de la Paix CH 1211 Genève 10 Switzerland Tel: 00 41 22 917 9000 Fax: 00 41 22 917 9022 Email: ssyed@ohchr.org ; jmermet@ohchr.org Website: www.ohchr.org Main contact person: Paulo David (pdavid@ohchr.org)
How the Reporting Procedure Works	After ratifying the Convention, State parties are required to submit an initial report on compliance. States must then submit periodic reports every five years. The Committee meets three times a year to review the periodic reports. The Committee suggests that NGOs to submit reports within a year of receiving the State report. NGO submissions are most useful to the Committee at the time that a specific State is reporting. NGOs should allow Committee members enough time to review the submission, ideally a few months before the session date. Before the session, NGOs may participate in pre-sessional working groups and meet with members of the official government delegation, prior to the plenary session. The plennnary sessions are open to the public, and NGOs may attend, but may only participate in the formal proceedings as observers. NGOs have, however, been able to lobby Committee members successfully outside of the session. Once the Committee has reviewed the reports, it issues concluding observations which highlight both positive aspects of the implementation of the Convention and also recommendations for improvement. The Committee suggests that NGOs use the concluding observations as tools for advocacy.
Advantages/ Disadvantages	NGOs have used shadow reports effectively to advocate for change. Periodic State reporting has put pressure on national governments to amend legislation and policies to bring them into compliance with the Convention. The Committee has strongly encouraged NGOs to participate in the reporting process and gives weight to NGO submissions. Individuals cannot submit information to the Committee. There are no mechanisms to enforce Committee recommendations and conclusions on a State’s noncompliance with the Convention.

Additional Resources

The Committee on the Rights of the Child has a webpage with reporting guidelines, the Committee’s concluding observations in past sessions and information about future sessions and general discussions.

More information on writing shadow reports, using shadow reports strategically and sample NGO reports can be found in the Human Rights Investigation and Documentation section of this website.

The Child Rights Information Network (CRIN) is a global network that disseminates information about children’s rights and the Convention on the Rights of the Child to NGOs, UN agencies, inter-governmental and others. The Child Rights Information Network website contains information and resources that are useful to NGOs.

The NGO Group for the Convention on the Rights of the Child also provides support to NGOs in the reporting process under the Convention. The NGO Group for the Convention on the Rights of the Child is a coalition of international NGOs with a specialized body, the Liaison Unit, that supports participation of the NGOs and NGO coalitions in the reporting process to the Committee on the Rights of the Child. The Liaison Unit has created a number of guides for NGOs on submitting alternative reports to the Committee.