Transcript The International Covenant on Civil and Political Rights

United Nations
Office of the High Commissioner for
Human Rights
The individual
complaints
procedure under
the treaty bodies
Treaties with individual
complaints procedure
•
Optional Protocol (OP) to the International
Covenant on Civil and Political Rights (ICCPR)
•
International Convention on the Elimination of All
Forms of Racial Discrimination (CERD)
•
International Convention against Torture or Other
Cruel, Inhuman or Degrading Treatment or
Punishment (CAT)
Treaties with individual
complaints procedure

OP to the Convention on the Elimination OF All
Forms of Discrimination against Women
(CEDAW)

OP to the Convention on the Rights of Persons
with Disabilities
[OP to the Convention on the Protection of the Rights of All
Migrant Workers and Their Families and OP to the
Covenant on Economic Social and Cultural Rights are not
yet in force]
Monitoring
Treaties are monitored by « treaty bodies »
- Committees of independent experts,
composed of between 10 and 23 experts
- Elected biannually by States parties to the
ICCPR, having regard to equitable
geographic distribution
Ratifications by Ireland
ICCPR OP to CAT Dec. CERD Dec. CED Op to
art.22
art.14 AW CEDAW
ICCPR
YES
YES
YES YES YES
YES YES YES
8/3/90
8/3/90
11/5/02
29/12/00 22/1/86
11/4/02
28/1/01
22/12/00
Violations against Ireland
Violation of ICCPR in one case:
No. 819/1998, Kavanagh v. Ireland
(violation article 26)
No cases registered against Ireland before the
CERD, CAT, or CEDAW
The Human Rights Committee
“ The Committee considers that the State
party has failed to demonstrate that the
decision to try the author before the Special
Criminal Court was based upon reasonable
and objective grounds. Accordingly, the
Committee concludes that the author's right
under article 26 to equality before the law
and to the equal protection of the law has
been violated.”
The individual complaints
procedure
Who can complain?
Any individual under the jurisdiction of a State party
What can be complained of?
Violations by the State party of one or more of the
rights protected under the relevant treaty
How are submissions made?
In principle, the procedure is written and confidential
– there are no oral hearings
Principal admissibility criteria
(continued):
exhaustion of domestic remedies
should not be pending before another
instance of international investigation or
settlement
Principal admissibility criteria
events took place after the entry into force of
the complaint mechanism - ratione temporis
must be a vicitm of a violation - not actio
popularis
adequate substantiation
compatible with the provisions of the treaty ratione materiae
Interim measures of protection
Basis: Committees’ rules of procedures
 Objective: to avoid « irreparable harm » to
the author
 Categories of cases in which such measures
are requested: risk of imminent execution,
extradition, deportation

Views: effect and follow-up
Views become public documents
On finding a violation , State party is
requested to offer an effective remedy
Legal status : no legally enforceable title,
but good faith obligation on States parties to
implement
Special Rapporteur on follow-up to Views
For further information
Contact:
Petitions Unit
Office of the High Commissioner for
Human Rights
Palais Wilson
CH-1201 Geneva
Fax: +41 22 917 90 22
E-mail: [email protected]