Optional protocols to the UN Convention on the Rights of the Child (the Children’s Convention)
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Human rights treaties are often followed by Optional Protocols which may either provide for procedures with regard to the treaty or address a substantive area related to the treaty. Optional Protocols to human rights treaties are treaties in their own right, and States (countries) can become party to these, whether or not the country is a party to the main treaty. The Optional Protocols to the Children’s Convention provide more detail and expand obligations beyond those under the main treaty.
There are three Optional Protocols to the Children’s Convention:
- Optional Protocol on a Communications Procedure
- Optional Protocol on the Involvement of Children in Armed Conflict
- Optional Protocol on the Sale of Children, Child Pornography and Child Prostitution
Optional Protocol on a Communications Procedure
Under the Optional Protocol on a Communications Procedure (OPCP), complaints that New Zealand has breached its obligations under the Children’s Convention or its optional protocols can be taken to the UN Committee through three mechanisms:
- complaints can be submitted by, or on behalf of, an individual or group of individuals
- the UN Committee can inquire into alleged grave or systematic violations; and
- State parties can make complaints of violations where both State parties have opted into the inter-State communications process.
What rights can the Optional Protocol on a Communications Procedure help protect?
The OPCP can address violations of rights included in the three main United Nations treaties on children’s rights: the Convention on the Rights of the Child, the Optional Protocol on the Involvement of Children in Armed Conflict (OPAC), and the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC).
However in order for a complaint to be heard by the UN Committee:
- the State must have ratified the OPCP and
- the State must have ratified the treaty that contains the right allegedly violated and
- the complainant must have exhausted all domestic remedies.
New Zealand is a party to the Optional Protocol on a Communications Procedure
The Optional Protocol on a Communications Procedure came into force on 14 April 2014 after ratification by ten states. New Zealand deposited its instrument of accession to the OPCP on 22 September 2022, which came into effect for New Zealand on 23 December 2022.
Where can I find out more?
(Alternate formats of this document (braille, large print, and audio) are being prepared).
Optional Protocol on the Involvement of Children in Armed Conflict
The Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict (OPAC) obliges member states to ensure that children under the age of 18 are protected from involvement in armed conflict.
OPAC requires member states to raise the minimum age for voluntary recruitment into their armed forces above 15. If a member state allows children under the age of 18 to volunteer for its armed forces, it must have safeguards to ensure they are not forced or coerced.
Member states also must:
- take all feasible measures to ensure that members of their armed forces under the age of 18 do not take a direct part in hostilities
- take feasible measures (including the adoption of legal measures) to stop independent armed groups from recruiting and using children under the age of 18 in hostilities.
New Zealand signed OPAC on 7 September 2000 and ratified this Optional Protocol on 12 November 2001.
Where can I find out more?
Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography
The Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) supplements the Children’s Convention by providing States with detailed requirements to end the sexual exploitation and abuse of children. It also protects children from being sold for non-sexual purposes, such as other forms of forced labour, illegal adoption and organ harvesting.
New Zealand signed the OPSC on 7 September 2000, and ratified this Optional Protocol on 20 September 2011.
What reports has New Zealand submitted on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography?
New Zealand submitted the Initial Report on the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography to the UN Committee on 22 July 2014. You can access the document here:
