On September 18, 2024, the UN Committee on the Rights of the Child (CRC Committee) held a significant commemoration, gathering voices from across the globe to mark the tenth anniversary of the Third Optional Protocol to the Convention on the Rights of the Child (OPIC). This event was not only an opportunity to reflect on OPIC’s achievements but also a call to action for strengthening children’s access to justice worldwide.

As we commemorate this milestone, it is important to acknowledge that OPIC, has made a lasting impact, since it came into force in 2014. It was established as a landmark instrument recognizing children’s right to access justice providing remedies for children, offering them the opportunity to hold governments accountable for rights violations at the international level. In the past ten years, OPIC has proven to be a vital mechanism, facilitating decisions that have shaped children's rights protection globally. However, the journey has been slow, with too few states ratifying the protocol and too many children remaining unaware of its existence.

During the commemoration, Prof. Ann Skelton, Chairperson of the CRC Committee, highlighted OPIC’s role in advancing children's rights. OPIC has helped resolve critical cases, setting precedents on issues such as protection from violence, exploitation, and the right to education.

As the Leiden Children’s Rights Observatory, we raised four crucial areas requiring focus to enhance OPIC’s effectiveness: increasing state ratifications, supporting the CRC Committee in handling OPIC cases, enhancing third-party interventions (such as amicus curiae submissions), and improving accessibility for children. It was underscored that OPIC's greatest long-term impact lies in strengthening national justice systems. Ratification of the protocol should drive states to bolster their domestic frameworks, reducing the need for international complaints and fostering robust legal environments where children’s rights are consistently upheld.

A Powerful Testimony and a Call for Action

At the event, Louiza, a child petitioner from Spain, shared a moving testimony about how OPIC provided her with an avenue to access justice. Her story underscored the importance of OPIC as a lifeline for children facing systemic barriers in seeking remedies for rights violations. However, as almost all speakers of the event emphasized, OPIC remains underutilized, with only 52 states ratifying the protocol, leaving countless children without access to this critical tool.

The Path Forward: Building on OPIC’s Legacy

This anniversary is not merely a moment for celebration—it is a call to action. There is a need for greater support for the CRC Committee in delivering timely, high-quality decisions under OPIC, while also encouraging more third-party interventions to offer expertise on complex legal issues. These efforts, combined with broader ratification and awareness initiatives, may ensure that OPIC fulfills its potential to provide children with accessible, effective justice.

A Time to Reflect, A Time to Act

As we mark this milestone, the tenth anniversary of OPIC offers an opportunity to reaffirm the international community’s and States’ dedication to the principles of the Convention on the Rights of the Child. Every child, regardless of nationality or circumstance, has the right to access to justice, and OPIC remains a vital instrument for making that right a reality. However, for OPIC to reach its full potential, it requires the collective will of governments, advocates, researchers and the international community to prioritize children’s rights.

At the Leiden Children’s Rights Observatory, we see this commemoration as a pivotal moment in the broader children’s rights landscape. As the Observatory continues to track OPIC's progress, we remain committed to engaging in discussions on how to strengthen global systems for children's access to justice.

Earlier this year, in April, the Leiden Children’s Rights Observatory, in collaboration with the Office of the UN High Commissioner for Human Rights (OHCHR) and UNICEF, organized a two-day international conference commemorating OPIC's anniversary. The conference provided a platform for critical reflections on OPIC's progress and brought together states considering ratification, experts, and advocates to explore ways to further strengthen the procedure. More information can be found here via the conference report.

See also the following resource: Liefaard, T. (2024). A decade of the optional protocol to the CRC on a communications procedure: progress, challenges and the pathways ahead for children’s access to justice. International Journal Of Children's Rights, 32(1), 1-8.