الآليات الاقليمية المعنية باستقبال الشكاوى عن انتهاكات حقوق الطفل في ظل القانون الدولي

محمد ايوب, ا.د. مها; سلام أمانة, أ.م.د. رنا

doi:10.63677/jqlap.2023.180399

	الآليات الاقليمية المعنية باستقبال الشكاوى عن انتهاكات حقوق الطفل في ظل القانون الدولي
AL-Qadisiya Journal For Law and Political Sciences
Article 7, Volume 12, عدد خاص بالمؤتمر الدولي الأول للمنتدى العالمي للمراة والطفل, August 2023, Pages 149-166 PDF (667.69 K)
DOI: 10.63677/jqlap.2023.180399
Authors
ا.د. مها محمد ايوب; أ.م.د. رنا سلام أمانة
AL-Qadisiya Journal
Abstract
First of all, it must be said that there are many texts in international conventions and charters of international organizations that refer to receiving complaints by individuals about violations of their rights, including the child in particular. Including resorting to the Human Rights Committee, the Economic and Social Council and other issues, but in addition to these mechanisms, there are other regional mechanisms that receive such type of complaints, the most important of which are related to European conventions dealing with human rights in general and children’s rights in particular. The European Convention of 1950 has a major role in this field, and this role outweighs the role of any other convention or organization in this field.The European Commission for Human Rights has a major role in exercising control over the implementation of the Convention, as any state party to this agreement has the right to file a complaint against another state party. Also, this agreement, which is considered one of the most prestigious agreements, was granted to the victim to submit a complaint directly and through the Secretary-General of the Council of Europe against any state party to the agreement that violated his rights regardless of the complainant's nationality. But in 1994 the 11th Protocol to the Convention was issued, according to which a new court replaced the European Commission for Human Rights and the development that took place here is that the victim has the right to submit a complaint directly to the court. However, submitting a complaint is not absolute. Rather, a number of conditions must be fulfilled. If they are fulfilled by the aggrieved party, he has the right to submit a complaint to the court. These conditions are exhausting the internal means of appeal, and that the complaint is submitted within a period of 6 months from the date of the issuance of the internal decision. The complainant's identity is known, not unknown, otherwise this complaint will be neglected.As for the American Convention of 1969, it gave care to the child and represented this through the establishment of the American Institute for Child Protection, but the protection it accorded to the child is not the same as the protection it accorded to human rights, and this means that the American agreement considered the rights of the child among the rights of individuals in general.This agreement established a human rights monitoring committee to which complaints are submitted, and in turn, it monitors and examines these violations. As for the American court, it is the body that individuals have the right to resort to to challenge the decisions of the committee.As for the African countries, they issued the African Charter on Human Rights in 1981, whereby a commission for the protection of human rights was established. This committee examines complaints, whether from states or individuals, but the charter gave priority to the settlement of the dispute amicably between the claimant state and the respondent state within a period of 6 months If the dispute is not settled, the matter is left to the committee. And that he had exhausted the internal means of appeal. As for the 1983 Arab Charter on the Rights of the Child, it did not provide any real protection for the child, and that it came in a directive form, not mandatory.From all of the above, it can be said that the European Convention is the most concerned with human rights in general and the rights of the child in particular, and made him the right to use the advantage of submitting a complaint directly, and this feature was not available in any regional agreement, and if it indicates something, it indicates the importance Human rights and rights in European countries.
Keywords
human rights; international agreements; Childhood; violations

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