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Is the Committee of the Rights of the Child really protecting children?
The CRC should be protecting children, but it appears that bureaucracy has gotten in the way...
One problem with the reporting procedure of the Committee of the Rights of the Child is that of balancing time management against quality. The volume of work facing the Committee and the lack of available time leads to delay (M. Verheyde and G. Goedertier). There is also a lack of manpower - Committee members often have full time jobs - so, although they are often unreliable, government reports are not studied properly. Reporting guidelines were made more detailed, thus improving the quality of reports; however, reports were then overly lengthy, compounding the problem of lack of time. Measures have been taken, but there is still a 'backlog' (M. Verheyde and G. Goedertier). The situation is changing gradually; as Dimitrivijevic points out, improvements cannot be made without the 'experiences gathered in the course of examination reports…'
The success of the reporting procedure relies on the 'willingness of governments to report accurately' (M. Verheyde and G. Goedertier). However, reports are often either late or not handed in at all. Where there is persistent neglect, the Committee only has limited ways of redress; it’s last resort is to refer the matter to the UNGA, who can call the State to act. However, UNGA cannot make binding law, so this system may be deemed 'ineffectual' (J Crawford). Furthermore, State reports are not always reliable. However, despite not being involved at the dialogue stages and not being able to refute governmental statements (A Clapham), NGO and individual expert participation can add 'value' and reliability to the process (M. Verheyde and G. Goedertier).
The Committee’s non-judicial nature has often been criticised. In addition to the lack of censure for non-compliant States, concluding observations cannot be enforced and there is no individual complaints mechanism. However, by enabling 'a legal person [to] … invoke the international norm directly in a national court' (A. Alen and W. Pas), the CRC’s self-executing nature lessens the second problem somewhat. In response to the latter criticism, the third Optional Protocol to the CRC, providing for an individual complaint mechanism for children was adopted. Unfortunately, this 'disappointed' as (S. Egan), according to Maud de Boer Buquicchio, it wrongly insinuates that children are 'mini-humans with mini-rights'.
In conclusion, although the Committee has come a long way, there is still a long way to go until the reporting procedure is sufficiently effective.