10th anniversary of OPIC-CRC: 10 years delivering justice to children
On 12 September 2024, during the 10th anniversary of the Optional Protocol to the Convention on the Rights of the Child on the communication procedures (OPIC), Executive Committee member Maria Lucia Uribe issued a statement emphasising the important role of civil society plays in enhancing children’s pathways for access to justice through OPIC:
Distinguished excellencies, Members of the Committee on the Rights of the Child, and colleagues
present here and online,It is a pleasure for Child Rights Connect to take part in today’s celebration of the 10th anniversary of
OPIC and reflect on the importance of this instrument to ensure access to justice for children and, in
particular, the key role that civil society has played and will continue playing in enhancing children’s
pathways for access to justice through OPIC.Civil society actors have been key players in two major ways. One the one hand, by supporting efforts
to increase ratification of OPIC so that it is an access to justice pathway at the international level that
is available to children. On the other hand, by leading efforts to enhance the effective use of OPIC.
Each of those roles involve an array of potential avenues of work, most of which are interlinked .On the first point, it is clear, that if OPIC is to be an access to justice pathway for child victims of rights
violations, ratification is necessary. To increase ratification, we have focused on promoting
understanding around OPIC and clarifying misconceptions. We understood from our roundtable
discussion convened around the 5th anniversary of OPIC that lack of ratification was mostly due to
practical and/or perceived barriers by States that could be overcome through a) better awareness
and understanding of the instrument and its dimensions and b) the exchange of good practices
amongst States and with the CRC Committee. And therefore, this has been a priority for us.Civil society organizations have also been key in leading campaigning efforts at the national level for
ratification countering apathy or lack of attention by States. It is also important to acknowledge some
of these campaigns have actually been child-led pushing for ratification and implementation.
Regarding the second role I mentioned, civil society has been key to ensure that OPIC is not only an
available pathway for access to justice, but also that it is used effectively. From the global to the
national scale, this means:
- Raising the awareness of children of their right to seek remedies and reparation through OPIC,
and of CSOs who may support their action. Unless OPIC is known, it won’t be used.- Raising the knowledge and skills of children and supporting CSOs of how to make use of OPIC,
including through awareness-raising, capacity-building, and technical advice on the possibility
of bringing a complaint/inquiry requests.- Bringing cases to OPIC on behalf of child victims or contributing to the cases through third
party submissions- Taking measures to ensure that national pathways for A2J are available and accessible,
because OPIC should be an avenue of last resort.Concerning the Iast point, I would like to reiterate that what is most important is that child victims
can receive redress and that measures are taken to ensure that future violations don’t occur.Ultimately, this is what we are trying to achieve. For this purpose, national pathways for A2J that are
available and accessible for child victims are key.Finally, in a world in which so many children are victims of human rights violations, and where their
access to effective remedies and reparation is imperative, it is also important to reflect on the
increased challenges that we face as a child rights community to enhance children’s pathways for
access to justice.In recent years, we are facing an increased, and increasingly well-mobilized, backlash against child
rights defenders and a shrinking space for civil society, at national, regional and global levels. These
trends have translated into reduced funding for civil society actors generally, and for those working
in child rights as well as for children themselves as child human rights defenders.Let’s use this occasion of the 10th anniversary to call for renewed efforts to ensure that OPIC is an
available and effective tool to ensure access to justice for children and call for a revitalized push to
ensure ratification as well as the necessary resources for the Committee and OHCHR to ensure the
effectiveness of this instrument.Thank you very much.
Child Rights Connect
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