blog




  • Essay / Essay on the Optional Protocol - 1040

    Dear Mr. Opstelten,On December 19, 2011, the United Nations General Assembly adopted a new Optional Protocol to the International Convention on the Rights of the Child (hereinafter : CDE). This Third Optional Protocol on the Complaints Procedure (hereinafter: Protocol) offers the possibility of filing a complaint relating to one or more violations of the rights of the child with the Committee on the Rights of the Child (hereinafter: Committee of the UN Children's Rights). To date, the Netherlands has not ratified this protocol. On March 11, the Strik motion was adopted in the Senate, in which the Dutch government is asked to ratify this protocol as quickly as possible. With this letter, the Faculty of Law of the University of Leiden requests your attention to respond to this motion as soon as possible. First of all, it should be noted that the CRC is an extraordinary treaty. It is the most ratified human rights treaty to date. Somalia and the United States are the only countries that have not yet ratified the CRC. To complement the CRC, three optional protocols have been developed, of which we, the Netherlands, have not yet ratified the third optional protocol. This protocol provides the opportunity for children, or their representatives, to lodge a complaint if they believe that a violation of the CRC or the other two optional protocols has occurred. The absence of a complaints procedure within the CRC is notable since other human rights treaties provide for it. With the arrival of this Protocol...... middle of paper ......n the ratification of this Protocol will increase. If children have not been able to establish a violation of the CRC or the other two protocols through national procedures, the Netherlands must offer the possibility of filing a complaint at international level. It is important that the legal situation of children is strengthened, not only in the Netherlands but throughout the world. By ratifying this Protocol, the Netherlands would send a positive message to the world that the position of children must be better protected. After all, children bear rights and obligations and should receive equal treatment when it comes to violations of children's rights. If you need more information, please do not hesitate to contact us, Kind regards, C. SimonisResearcher, Faculty of Law, Leiden University