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Inter-State Complaints Several of the human rights treaties contain provisions to allow for State parties to complain to the relevant treaty body about alleged violations of the treaty by another State party.
COMMITTEE ON THE ELIMINATION OF RACIAL DISCRIMINATION Inter-state communications. In 2018, the Committee on the Elimination of Racial Discrimination received for the first time three inter-state communications submitted under article 11 of the Convention on the Elimination of All Forms of Racial Discrimination.
Individual Complaints to the Human Rights Committee. The Committee may consider individuals complaints, called “communications”, against States parties to the International Covenant on Civil and Political Rights and the Optional Protocol (No 1). Individual complaints are examined in …
The Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties. All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented.
If it has been submitted to another treaty body or to a regional mechanism such as the Inter-American Commission on Human Rights, the European Court of Human Rights, the African Commission on Human and Peoples' Rights, or the African Court on Human and Peoples' Rights, the Committees cannot examine the complaint. The aim of this rule is to avoid unnecessary duplication at the …
Dec 14, 2012 · As a result of his complaint to the Human Rights Committee, Toonen lost his job as General Manager of the Tasmanian AIDS Council (Inc), because the Tasmanian Government threatened to withdraw the Council’s funding unless Toonen was fired. The Human Rights Committee did not consider Toonen’s communication until 1994,...
Feb 11, 2019 · In a study on the inter-state complaints procedure in a 1988 article in the Human Rights Quarterly, Scott Leckie highlights how its generally optional nature and reciprocal basis ‘has and will continue to limit its utilization’. 1 This is in addition to the fact that it is often seen as a ‘hostile and quite drastic response by a state ...Author: David Keane
It is important to take note that although it is possible to submit a complaint to the Human Rights Committee after a regional procedure has been exhausted (e.g.ECHR), most states parties to the European Convention have made a declaration at the time of the ratification of the Optional Protocol to the ICCPR, which excludes duplication of procedures in the same case. Some states parties, …
It should be noted that it human rights instruments generally prohibit the submission of the same complaint to both a universal and a regional system. For example, the European Convention prevents the admission of a case which has been dealt with already by the Human Rights Committee …
Individuals subject to Canada's jurisdiction may also bring human rights complaints to the UN or the Organization of American States. As a general rule, international complaint procedures require individuals to look for a solution within their own country first – bringing complaints to the international body only after all available domestic remedies have been exhausted.
We may ask them to provide specific information or a response to the complaint. The information provided to the Commission in response to your complaint may include personal information (including sensitive information) about you. In some cases, we may decide not to …
Jan 15, 2020 · The article 11 inter-state complaint procedure is unique in that it is the only a compulsory inter-state complaint mechanism contained in the core human rights treaties. The other treaties that have an interstate complaint mechanism make it optional and reciprocal, such that both states must recognize the Committee’s competence to receive inter-state communications.
The jurisprudence database is intended to be a single source of the human rights recommendations and findings issued by all the committees in their work on individual cases. It enables the general public, governments, civil society organizations, United Nations partners and international regional mechanisms to research the vast body of legal interpretation of international human rights law as ...
However, the mere fact that a formal interstate mechanism for complaints to the Human Rights Committee exists in respect of States Parties that have made the declaration under article 41 does not mean that this procedure is the only method by which States Parties can assert their interest in the performance of other States Parties.
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