CRC/GC/2003/5
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One-off or regular events like Children’s Parliaments can be stimulating and raise
general awareness. But article 12 requires consistent and ongoing arrangements.
Involvement of and consultation with children must also avoid being tokenistic and aim
to ascertain representative views. The emphasis on “matters that affect them” in
article 12 (1) implies the ascertainment of the views of particular groups of children on
particular issues - for example children who have experience of the juvenile justice
system on proposals for law reform in that area, or adopted children and children in
adoptive families on adoption law and policy. It is important that Governments develop a
direct relationship with children, not simply one mediated through non-governmental
organizations (NGOs) or human rights institutions. In the early years of the Convention,
NGOs had played a notable role in pioneering participatory approaches with children, but
it is in the interests of both Governments and children to have appropriate direct contact.
II. REVIEW OF RESERVATIONS
13.
In its reporting guidelines on general measures of implementation, the Committee starts
by inviting the State party to indicate whether it considers it necessary to maintain the
reservations it has made, if any, or has the intention of withdrawing them.7 States parties to the
Convention are entitled to make reservations at the time of their ratification of or accession to it
(art. 51). The Committee’s aim of ensuring full and unqualified respect for the human rights of
children can be achieved only if States withdraw their reservations. It consistently recommends
during its examination of reports that reservations be reviewed and withdrawn. Where a State,
after review, decides to maintain a reservation, the Committee requests that a full explanation be
included in the next periodic report. The Committee draws the attention of States parties to the
encouragement given by the World Conference on Human Rights to the review and withdrawal
of reservations.8
14.
Article 2 of the Vienna Convention on the Law of Treaties defines “reservation” as a
“unilateral statement, however phrased or named, made by a State, when signing, ratifying,
accepting, approving or acceding to a Treaty, whereby it purports to exclude or to modify the
legal effect of certain provisions of the Treaty in their application to that State”. The Vienna
Convention notes that States are entitled, at the time of ratification or accession to a treaty, to
make a reservation unless it is “incompatible with the object and purpose of the treaty” (art. 19).
15.
Article 51, paragraph 2, of the Convention on the Rights of the Child reflects this: “A
reservation incompatible with the object and purpose of the present Convention shall not be
permitted”. The Committee is deeply concerned that some States have made reservations which
plainly breach article 51 (2) by suggesting, for example, that respect for the Convention is
limited by the State’s existing Constitution or legislation, including in some cases religious law.
Article 27 of the Vienna Convention on the Law of Treaties provides: “A party may not invoke
the provisions of its internal law as justification for its failure to perform a treaty”.
16.
The Committee notes that, in some cases, States parties have lodged formal objections to
such wide-ranging reservations made by other States parties. It commends any action which
contributes to ensuring the fullest possible respect for the Convention in all States parties.