Individual Complaint Procedures under the United Nations Human Rights Treaties

8/22/2019 Individual Complaint Procedures under the United Nations Human Rights Treaties

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Individual Complaint Proceduresunder the United Nations

Human Rights Treaties

Fact Sheet No.

Rev.2

di


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INDIVIDUAL COMPLAINTPROCEDURES UNDERTHE UNITED NATIONS

HUMAN RIGHTS TREATIES

Fact Sheet No. 7/Rev.2

UNITED NATIONSNew York and Geneva, 2013


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NOTE

The designations employed and the presentation o the material in this pub-

lication do not imply the expression o any opinion whatsoever on the parto the Secretariat o the United Nations concerning the legal status o anycountry, territory, city or area, or o its authorities, or concerning the delimita-tion o its rontiers or boundaries.

*

* *

Symbols o United Nations documents are composed o capital letters com-

bined with fgures. Mention o such a fgure indicates a reerence to a UnitedNations document.


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CONTENTS

Page

INTRODUCTION ..................................................................... 1

Chapter

I. OVERVIEW ........................................................................ 3

II. PARTICULARITIES OF THE PROCEDURES UNDER THEDIFFERENT TREATIES ........................................................... 13

A. Procedure under the Optional Protocol to the International

Covenant on Civil and Political Rights ............................. 13

B. Procedure under the Convention against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment ........ 14

C. Procedure under the International Convention on theElimination o All Forms o Racial Discrimination ................ 15

D. Procedure under the Optional Protocol to the Conventionon the Elimination o All Forms o Discrimination againstWomen .................................................................... 17

E. Procedure under the Optional Protocol to the Conventionon the Rights o Persons with Disabilities .......................... 18

F. Procedure under the International Convention or theProtection o All Persons rom Enorced Disappearance ....... 19

G. Procedure under the International Convention on theProtection o the Rights o All Migrant Workers andMembers o Their Families ............................................. 20

H. Procedure under the Optional Protocol to the InternationalCovenant on Economic, Social and Cultural Rights............. 21

I. Procedure under the Optional Protocol to the Conventionon the Rights o the Child on a communications procedure... 22


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IV

Annexes

Annex I. Model orm or the submission o communications underthe Optional Protocol to the International Covenant on

Civil and Political Rights, the Convention against Tortureor the International Convention on the Elimination o AllForms o Racial Discrimination ........................................ 25

Annex II. Model orm or the submission o communications underthe Optional Protocol to the Convention on the Eliminationo All Forms o Discrimination against Women ................... 28

Annex III. Model orm or the submission o communications under

the Optional Protocol to the Convention on the Rights oPersons with Disabilities ................................................ 32

Annex IV. Model orm or the submission o communicationsunder the International Convention or the Protection o AllPersons rom Enorced Disappearance ............................. 37

Annex V. Checklist or submitting individual communicationsto the United Nations treaty bodies ................................ 42


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INTRODUCTION

Anyone may bring an alleged violation o human rights to the attention o the

United Nations and thousands o people around the world do so every year.This Fact Sheet explains the procedures open to individuals who claim to bevictims o violations o rights contained in international human rights treaties.

It is through individual complaints that human rights are given concrete mean-ing. In the adjudication o individual cases, international norms that mayotherwise seem general and abstract are put into practical eect. When ap-plied to a persons real-lie situation, the standards contained in internationalhuman rights treaties fnd their most direct application. The resulting body odecisions may guide States, civil society and individuals in interpreting the

contemporary meaning o these treaties.Individuals have increasingly acquired the means to vindicate their rights atthe international level. This Fact Sheet looks at complaints that are broughtunder international human rights treaties. Since the early 1970s internationalcomplaint mechanisms have developed apace, and individuals can nowbring claims to the United Nations concerning violations o their rights con-tained in the nine so-called core human rights treaties:1

The International Covenant on Civil and Political Rights

The Convention against Torture and Other Cruel, Inhuman or Degrad-ing Treatment or Punishment

The International Convention on the Elimination o All Forms o RacialDiscrimination

The Convention on the Elimination o All Forms o Discriminationagainst Women

The Convention on the Rights o Persons with Disabilities

The International Convention or the Protection o All Persons romEnorced Disappearance

The International Convention on the Protection o the Rights o AllMigrant Workers and Members o Their Families

The International Covenant on Economic, Social and Cultural Rights

The Convention on the Rights o the Child and its Optional Protocols.

The complaint mechanisms are designed to be accessible to the layperson. It

is not necessary to be a lawyer or even to be amiliar with legal and technicalterms to bring a complaint under these treaties.

1 At the time o writing, not all treaty body-based complaint mechanisms had entered into orce.


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There are several other avenues or bringing individual complaints to UnitedNations bodies. Complaints can be submitted to the Human Rights Councilscomplaint procedure (previously known as the 1503 procedure),2 its special

rapporteurs and working groups

3

and to the Commission on the Status oWomen. However, these procedures have a dierent ocus rom those underthe above-mentioned international treaties, which provide individual redressthrough quasi-judicial mechanisms. Complaints can also be submitted to or-ganizations o the wider United Nations amily, such as the InternationalLabour Organization (www.ilo.org) and the United Nations Educational,Scientifc and Cultural Organization (www.unesco.org).

2 For more details, see www.ohchr.org/EN/HRBodies/HRC/Pages/Complaint.aspx(accessed 28 March 2013).3 For more details, see www.ohchr.org/EN/HRBodies/SP/Pages/Welcomepage.aspx(accessed 28 March 2013).


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I. OVERVIEW

A human rights treaty is an international agreement that imposes bindingobligations to protect and promote rights and reedoms on States that o-fcially accept it (commonly through ratifcation or accession). Those Statesare reerred to as State parties to the treaty. The treaties are accessible in ullrom the website o the Ofce o the United Nations High Commissioner orHuman Rights (OHCHR).4

The basic concept o the complaint mechanisms under the human rights trea-ties is that anyone may bring a complaint against a State party alleging aviolation o treaty rights to the body o experts monitoring the treaty. Thesetreaty bodies, as they are oten called, are committees o independent ex-

perts elected by State parties to the treaty. They monitor the implementationby State parties o the rights set orth in the treaties and decide on complaintsbrought against those States. While there are some procedural variationsamong the nine mechanisms, their design and operation are very similar.

This chapter describes the typical eatures o a complaint under any o thenine treaties in general. Chapter II describes the aspects o the individualtreaties that deviate rom the general norm.

Against whom can a complaint under a treaty be brought?A complaint under one o the nine treaties can be brought only against aState that satisfes two conditions. First, it must be a party (through ratifca-tion or accession) to the treaty that provides or the rights which have al-legedly been violated. Second, the State party must have recognized thecompetence o the committee monitoring that treaty to receive and considercomplaints rom individuals.

For the International Covenant on Civil and Political Rights, the Convention

on the Elimination o All Forms o Discrimination against Women, the Con-vention on the Rights o Persons with Disabilities, the International Covenanton Economic, Social and Cultural Rights, and the Convention on the Rightso the Child, States recognize the committees competence by becoming aparty to their optional protocols, i.e., separate treaties adopted to comple-ment the provisions o each o the above-mentioned covenants and con-ventions.5 For the Convention against Torture, the International Convention

4 See www.ohchr.org/EN/ProessionalInterest/Pages/CoreInstruments.aspx (accessed28 March 2013).5 The lists o the State parties to the dierent treaties and optional protocols are available romhttp://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en (accessed 28 March2013).


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on the Elimination o All Forms o Racial Discrimination, the InternationalConvention on the Protection o the Rights o All Migrant Workers and Mem-bers o Their Families, and the International Convention or the Protection o

All Persons rom Enorced Disappearance, States recognize the committeescompetence by making a declaration to that eect under a specifc articleo these conventions.6

Who can bring a complaint?

Anyone can lodge a complaint with a committee against a State that satis-fes these two conditions (being a party to the treaty and having acceptedthe committees competence to examine individual complaints), claiming thathis or her rights under the relevant treaty have been violated. It is not neces-

sary to have a lawyer prepare the case, though legal advice may improvethe quality o the submissions. Individuals must be aware, however, that theUnited Nations does not provide legal aid under these procedures. Com-plaints can be brought on behal o the alleged victim, with his or her writtenconsent.7 In certain cases, such consent is not required, or example i thealleged victim is in prison without access to the outside world or is a victimo an enorced disappearance. In these cases, the complainant should stateclearly why such consent cannot be provided.

What inormation should be included in a complaint?

While a complaint to a committee, also called a communication or a peti-tion, need not be presented in a particular ormat, the use o the model com-plaint orms and guidelines annexed below is recommended. The complaintshould be in writing, legible, preerably typed, and signed.8 Only commu-nications presented in one o the ofcial United Nations languages (Arabic,Chinese, English, French, Russian and Spanish) can be accepted. The com-plaint should provide basic personal inormationname, nationality, date o

birth, postal address and e-mail address o the complainantand speciythe State party against which it is directed. Any subsequent change in ad-dress or other contact inormation should be notifed as soon as possible.

It is essential to set out, in chronological order, all the acts on which the com-plaint is based. The account must be as complete as possible and contain allthe inormation relevant to the case. The complainant must state why he or sheconsiders that the acts described constitute a violation o the treaty in question.

6 To check whether a State has made such a declaration, see http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en (accessed 28 March 2013).7 There is no requirement as to the speciic orm o the written consent.8 Complaints sent electronically should be scanned and attached to an e-mail addressed to theOHCHR Petitions Team (see contact details at the end o this Fact Sheet).


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It is highly recommended that complainants should speciy the rights set out inthe treaty that have allegedly been violated. It is also advisable to indicate thekinds o remedies that the complainant would like to obtain rom the State par-

ty, should the committee conclude that the acts beore it disclose a violation.The complainant should also detail the steps he or she has already takento exhaust the remedies available in the State party against which the com-plaint is directed, that is, steps taken beore the State partys local courts andauthorities. The requirement to exhaust domestic remedies means that theclaims must have been brought frst to the attention o the relevant nationalauthorities, up to the highest available instance. I some o these remediesare pending or have not yet been exhausted, this should also be indicated,

as well as the reasons or it. See below or urther details.Complainants should supply copies o all documents9 o relevance to theirclaims and arguments, especially administrative or judicial decisions on theclaims issued by national authorities. I these documents are not in an o-fcial language o the United Nations, a ull or summary translation must besubmitted. The documents should be listed chronologically, numbered con-secutively and accompanied by a concise description o their contents. Thecomplaint should not exceed 50 pages (excluding annexes). I it exceeds

20 pages, it should also include a short summary o up to 5 pages highlight-ing its main elements.

I the complaint lacks essential inormation to be processed under these pro-cedures or the description o acts is unclear, the Secretariat o the UnitedNations (OHCHR) will contact the complainant with a request or additionaldetails or resubmission. Complainants should be diligent in their correspon-dence with the Secretariat and the inormation requested should be sent assoon as possible. I the inormation is not received within a year rom the

date o the request, the fle will be closed.Final decisions adopted by the committees are made public. Thereore, icomplainants do not wish their identity to be disclosed in fnal decisions, theyshould indicate this at the earliest opportunity. Owing to the level o publicitythat the decisions usually receive (including dissemination via the Internet,which makes it virtually impossible to correct and/or delete data), it may notbe possible or the United Nations to satisy requests or anonymity submittedater the publication o fnal decisions.

9 Only copies should be submitted, not originals.


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When can a complaint be submitted under the human rightstreaties?

It is important to submit the complaint as soon as possible ater domestic rem-

edies have been exhausted. Delays in doing so may make it difcult or theState party to respond properly and or the committee to evaluate the actsthoroughly. In some cases, submission ater a protracted period may result inthe case being considered inadmissible.

The procedure

Based on the above-mentioned requirements, the committee in question willdecide whether the case should be registered, that is to say, ormally listed

or consideration. The complainant will be inormed accordingly. At thatpoint, the case is transmitted to the State party concerned to give it an op-portunity to comment within a set time rame.

The two major stages in the examination o a complaint are known as theadmissibilitystage and the merits stage. Admissibilityreers to the ormal re-quirements that the complaint must satisy beore the relevant committee canconsider its substance. Merits reers to the substance o the complaint, onthe basis o which the committee decides whether or not the alleged victimsrights under the treaty have been violated. These stages are described in

greater detail below. Once the State replies to the complaint, the complain-ant is oered an opportunity to comment.

Most committees request a State party to provide its observations within sixmonths rom the date on which the complaint was communicated to it. TheState party can challenge the admissibility o the complaint by providing ar-guments within the frst two months o that period. The complainant is alwaysgiven an opportunity to comment on the State partys observations, within aset time rame.

When comments have been received rom both parties, the case is readyor a decision by the relevant committee. I the State party ails to respond,despite receiving several reminders rom the Secretariat, the committee willtake a decision on the case based on the inormation submitted by the com-plainant.

Special circumstances o urgency or sensitivity

A committee may, at any stage o the procedure, request the State party to

take measures to prevent any irreparable harm to the complainant or allegedvictim in connection with the claims in the case. These are called interimmeasures. Typically, such requests are issued to prevent actions that cannot


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later be undone, or example the execution o a death sentence or deporta-tion to a country where the complainant would ace a risk o torture. They donot imply a determination on the admissibility or the merits o the case, but

or a committee to consider that the alleged victim would suer irreparableharm, the case must have a reasonable likelihood o success on the merits. Ithe complainant wishes the committee to issue a request or interim measures,he/she should state this explicitly and explain in detail why such action isnecessary.

It takes several working days or a committee to process a request or interimmeasures. Any such request should thereore reach the secretariat as early aspossible beore the action that the complainant is seeking to prevent couldmaterialize.

A committee may withdraw a request or interim measures on the basis oinormation received rom the parties to the complaint suggesting that suchmeasures are no longer required.

Admissibility o the complaint

Beore a committee can consider a complaint on its merits or substance, itmust be satisfed that the ormal requirements o admissibility are met. Whenexamining admissibility, it may consider one or several o the ollowing ac-tors:

I the complainant is acting on behal o anotherperson, has he or she obtained sufcient authorizationor otherwise justifed the reasons or doing so?

Is the complainant (or the person on whose behal thecomplaint is brought) a victim o the alleged violation?It has to be shown that the alleged victim is personally and directly

aected by the law, policy, practice, act or omission o the State partywhich constitutes the object o the complaint. It is not sufcient simplyto challenge a law or State policy or practice in the abstract (so-calledactio popularis) without demonstrating how the alleged victim is indi-vidually aected.

Is the complaint compatible with the provisions o thetreaty invoked? The alleged violation must relate to a right actu-ally protected by the treaty. For instance, a complaint fled under theOptional Protocol to the International Covenant on Civil and Political

Rights cannot concern a violation o the right to property, since theCovenant does not protect that right. In such a case, the claim wouldbe, in legal terms, inadmissible ratione materiae.


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Is the committee in question required to review theacts and evidence in a case already decided by na-tional courts? The committees are competent to consider possible

violations o the rights guaranteed by the treaties concerned, but notto act as an appellate instance with respect to national courts andtribunals. They cannot, in principle, examine the determination o theadministrative, civil or criminal liability o individuals, nor can theyreview the question o innocence or guilt.

Is the complaint sufciently substantiated? I the relevantcommittee considers, in the light o the inormation beore it, that thecomplainant has not sufciently presented / described the acts andarguments, it may reject the case as insufciently substantiated and

thus inadmissible. Does the complaint relate to events that occurred a-

ter the entry into orce o the complaint mechanismor the State party concerned? As a rule, a committee doesnot examine complaints i the acts occurred beore this date, as thecomplaint would be regarded as inadmissible ratione temporis. Thereare, however, exceptions to this rule, or instance i the eects o theevent in question result in a continuous violation o the treaty.

Has the same matter been submitted to another inter-national body? I it has been submitted to another treaty bodyor to a regional mechanism, such as the Inter-American Commissionon Human Rights, the Inter-American Court o Human Rights, the Eu-ropean Court o Human Rights, the Arican Commission on Humanand Peoples Rights or the Arican Court on Human and PeoplesRights, the committees cannot examine the complaint. This rule aimsto prevent unnecessary duplication at the international level. I thematter has been submitted to another body, the complainant should

indicate this in the original complaint, speciying the body to which itwas submitted.

Have all domestic remedies been exhausted? As indi-cated beore, a cardinal principle governing the admissibility o acomplaint is that the complainant must frst have exhausted all rel-evant remedies that are available in the State party beore bring-ing a claim to a committee. This usually includes pursuing the claimthrough the local court system, unless there is sufcient evidence thatproceedings at the national level have been unreasonably prolonged

or would plainly be ineective. Detailed reasons must be providedas to why the complainant considers that the general rule should notapply. Mere doubts about the eectiveness o a relevant remedy do


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not, in the committees view, dispense with the obligation to exhaustit. Furthermore, i the State party concerned considers that domesticremedies have not been exhausted, it must provide details o the e-

ective remedies available. Is the complaint precluded by a reservation made by

the State to the treaty in question?10 A State may haveentered a substantive reservation to the treaty or a procedural reserva-tion to the complaint mechanism limiting a committees competence toexamine certain communications.

Is the complaint an abuse o the procedure? In some cas-es, a committee may consider a claim to be a rivolous, vexatious or

otherwise inappropriate use o the complaint procedure and reject itas inadmissible, or example i the same individual repeatedly bringsclaims to the committee on the same issue although the previous oneshave already been dismissed.

Merits o the complaint

Once a committee declares a complaint admissible, it proceeds to considerit on its merits, stating the reasons or concluding that a violation has or hasnot occurred under the applicable treaty provisions. As noted above, a num-

ber o States have entered substantive reservations that may limit the scope othe human rights obligations they assume under the treaties. In most cases, acommittee will decline to consider complaints concerning matters covered bya reservation, though in exceptional circumstances it may fnd a reservationimpermissible and consider the case regardless.

Inormation on what a committee considers to be the scope o the rights con-tained in the treaty or which it is responsible can be ound in its decisions onindividual cases,11 its so-called general comments, interpreting the meaning

o various articles, and its concluding observations on reports submitted peri-odically by State parties.12 These documents are accessible on the OHCHRwebsite. There are also numerous academic articles and textbooks on thejurisprudence o the various committees.

10 Reservations are ormal statements by which States may limit the obligations that they acceptunder a particular provision o a treaty. For speciic reservations by States, see http://treaties.un.org/Pages/Treaties.aspx?id=4&subid=A&lang=en (accessed 28 March 2013).11 For previous decisions, search the treaty body documents database: http://tb.ohchr.org/deault.aspx or the web page o each committee.12 See the Universal Human Rights Index: www.ohchr.org/EN/HRBodies/Pages/UniversalHumanRightsIndexDatabase.aspx (accessed 28 March 2013).


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Consideration o the complaint

The committees consider each case in closed session. Although the rules oprocedure o some committees provide or partly oral proceedings,13 the

practice has been to consider complaints only on the basis o the writteninormation supplied by the complainant and the State party. Accordingly,it has not been the practice to receive oral submissions rom the parties oraudio or audiovisual evidence. Nor do the committees go beyond the inor-mation provided by the parties to seek independent verifcation o the acts.

As a general rule and in order to speed up the procedure, the committeesexamine the admissibility and the merits o a complaint at the same time. Thegeneral procedure set out above will then apply, that is, once a communi-

cation has been received and registered, it is transmitted to the State partyconcerned to give it an opportunity to present observations. The complainantis then oered an opportunity to comment on the States observations, ollow-ing which the case is normally ready or the committees examination o theadmissibility and the merits. However, there are situations in which a com-mittee decides to examine the admissibility frst. In this event the State will berequested to make submissions on the merits only i the committee declaresthat the complaint is admissible. The complainant will in any event have anopportunity to comment on the State partys submissions on the merits.

The decision adopted by a committee is transmitted to the complainant andthe State party simultaneously. One or more o its members may append aseparate opinion to the decision i they come to a dierent conclusion romthe majority or perhaps reach the same conclusion but or dierent reasons.Final decisions on the merits (generally called views) or inadmissibility areposted in ull on the OHCHR website as part o the committees jurispru-dence.

What happens once a committee has decided a case?It should be noted at the outset that there is no appeal against the commit-tees decisions and that, as a rule, their decisions are fnal. What happensto a case subsequently depends on the nature o the decision taken.

I a committee decides that the acts beore it disclose a violation by the Stateparty o the complainants rights under the treaty, it will invite the State partyto supply inormation on the steps it has taken to give eect to its fndings andrecommendations. I a committee decides that there has been no violation othe treaty or that the complaint is inadmissible, the case is closed.13 See the descriptions below o the procedures o the Committee against Torture, the Commit-tee on the Elimination o Racial Discrimination and the Committee on the Rights o the Child.


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The committees decisions represent an authoritative interpretation o the re-spective treaties. They contain recommendations to the State party in ques-tion but they are not legally binding on it. All committees have developed

procedures to monitor whether State parties have implemented their recom-mendations (so-called ollow-up procedures), since they consider that, byaccepting the complaint procedures, State parties have also accepted torespect the committees fndings.

I a committee concludes that a violation o a treaty has taken place, theState is invited to provide inormation, within 180 days, on the steps it hastaken to implement the recommendations. The States response is then trans-mitted to the complainant or comment. I the State party ails to take appro-priate action, the committee keeps the case under consideration under the

ollow-up procedure. A dialogue is thus pursued with the State party and thecase remains open until satisactory measures are taken. Inormation relatedto ollow-up to the committees views and recommendations is not confden-tial and the meetings during which this inormation is discussed are public.


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Case processing ow chart

The Secretariat mayrequest additional

information

IndividualCommunication

Communication

not registered

Inadmissible

Non-violationNon-violation Violation Violation

Follow-upFollow-up

Fulfilled

Denied

Not fulfilled

State party'sobservations on merits

Admissible

Author's observationson merits

State party's observations onadmissibility and merits

Decision onadmissibility and merits

InadmissibleAdmissible

Author's observations

Communication registered

Registration criteria

State party's observationson admissibility

Author's observationson admissibility

Request to split examination

on admissibility and merits

State party'sobservations on merits

Decision onadmissibility

Granted


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II. PARTICULARITIES OF THE PROCEDURES UNDERTHE DIFFERENT TREATIES

A. Procedure under the Optional Protocol to the InternationalCovenant on Civil and Political Rights

The International Covenant on Civil and Political Rights, adopted in 1966,covers a broad range o civil and political rights, such as the right to lie,the right to a air trial, reedom o expression, equality beore the law andprohibition o discrimination. The individual rights that may be invoked be-ore the Human Rights Committee are set out in Part III o the Covenant (arts.627). The complaint mechanism or alleged violations o those articles isestablished by the frst Optional Protocol to the Covenant, a separate treatyopen to State parties to the Covenant. States that have become a party tothe Optional Protocol recognize the competence o the Human Rights Com-mitteea panel o 18 independent experts that meets three times a yeartoreceive complaints rom persons within their jurisdiction alleging violations otheir rights under the Covenant.14

Additional pointers

Complaints under the Optional Protocol to the Covenant that contain thenecessary prima acie elements are reerred to the Committees Special Rap-porteur on new communications and interim measures, who decides whetherthe case should be registered and transmitted to the State party or comment.Given the large number o complaints submitted to the Committee, there maybe a delay o several years between the initial submission and the Commit-tees fnal decision.

Under the Optional Protocol, there is no time limit or submitting complaints tothe Committee. However, in order to prevent possible abuse in this respect,the Committee introduced a rule in its rules o procedure regarding delays

in submission. According to current rule 96 (c), a delay in submission willnot automatically constitute an abuse o the right o submission. However,there might be abuse i the complaint is submitted ater fve years rom theexhaustion o domestic remedies or, where applicable, ater three years romthe conclusion o another procedure o international investigation or settle-ment, unless there are reasons justiying the delay taking into account all thecircumstances o the case.

The Human Rights Committee cannot examine a complaint i the same matteris being examined at the same time by another mechanism o international

14 For more inormation on the Human Rights Committee, see OHCHR Fact Sheet No. 15 or theCommittees web page: http://www2.ohchr.org/english/bodies/hrc/index.htm (accessed28 March 2013).


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investigation or settlement. Some State parties have made reservations toexclude the competence o the Committee not only in relation to cases be-ing examined but also to cases that have been examined and decided by

another international mechanism. The Committee considers that the HumanRights Councils complaint procedure, special rapporteurs or working groupsdo not constitute such a mechanism. Accordingly, a complaint to the HumanRights Committee will not be declared inadmissible i it has also been submit-ted to one o these mechanisms o the Human Rights Council.

As to what constitutes the same matter, the Committee understands it asrelating to the same author, the same acts and the same substantive rights.Facts that have been submitted to another international mechanism can bebrought beore the Committee i the Covenant provides or broader protec-tion. Furthermore, complaints dismissed by other international mechanismson procedural grounds are not considered to have been substantively exam-ined; the same acts may thereore be brought beore the Committee.

The Human Rights Committee has developed some exceptions to the rulethat it cannot examine acts that occurred beore the entry into orce o theOptional Protocol or the State party concerned. Thus, the Committee willexamine a complaint regarding acts that occurred beore the date o entryinto orce i, subsequent to that date, there has been a court decision or someother State act validating those acts.

B. Procedure under the Convention against Torture and OtherCruel, Inhuman or Degrading Treatment or Punishment

The Convention against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment was adopted on 10 December 1984. It prohib-its torture and cruel, inhuman or degrading treatment or punishment and,among other obligations, requires States parties not to return persons to

countries where there are substantial grounds or believing they would acetorture. It also imposes a series o measures aimed at ensuring that acts otorture, wherever they are committed, are appropriately investigated andprosecuted. The substantive obligations are set out in Part I o the Convention(arts. 116) and the complaint mechanism is established by article 22. Stateparties may make a declaration under that article, recognizing the compe-tence o the Committee against Torturea panel o 10 independent expertsthat meets twice a yearto consider complaints rom individuals allegingviolations o their rights under the Convention.15

15 For more inormation on the Committee against Torture, see OHCHR Fact Sheet No. 17 or theCommittees web page: http://www2.ohchr.org/english/bodies/cat/index.htm (accessed 28March 2013).


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A great number o complaints are submitted by asylum seekers who claimthat, i deported to their country o origin, they will be at risk o being sub-jected to torture. Thus, the Committee must determine whether States against

which the complaint is submitted would violate article 3 o the Conventionshould the deportation take place.

Additional pointers

A complaint will be declared inadmissible not only i it is under examinationby another procedure o international investigation or settlement but also i thesame matter has in the past been the subject o a decision under such a pro-cedure.16 Moreover, the Committees rules o procedure state that a complaintmay be rejected as inadmissible i the time elapsed since the exhaustion o

domestic remedies is so unreasonably prolonged as to render considerationo the complaint by the Committee or the State party unduly difcult.

When examining the case the Committee may, on the basis o its ruleso procedure, invite the parties to be present at specifed closed meetingsto provide urther clarifcation or to answer questions on the merits o thecomplaint. However, such instances are exceptional and a case will not beprejudiced should the complainant ail to attend in person.

When the Committee fnds that a State action or proposed action, or ex-

ample in the case o a pending removal to a country where a person mightbe at risk o torture, has violated or would violate the State partys obliga-tions under the Convention, it orwards its decision to the State party with arequest or inormation on the implementation o the recommendations within90 days. In the light o the inormation provided, the Committee will takesuch urther action as may be appropriate under its ollow-up procedure.

C. Procedure under the International Convention on theElimination o All Forms o Racial Discrimination

The International Convention on the Elimination o All Forms o Racial Dis-crimination, adopted on 21 December 1965, sets out a series o obligationsor State parties to ensure the legal and practical enjoyment o the right to beree rom racial discrimination. The substantive obligations are set out in PartI o the Convention (arts. 17). State parties may make a declaration underarticle 14, accepting the competence o the Committee on the Elimination oRacial Discriminationa panel o 18 independent experts that meets twicea yearto consider complaints rom individuals or groups o individuals al-leging violations o their rights under the Convention.17

16 See article 22, paragraph 4 (a), o the Convention.17 For more inormation on the Committee on the Elimination o Racial Discrimination, seeOHCHR Fact Sheet No. 12 or the Committees web page: http://www2.ohchr.org/english/bodies/cerd/index.htm (accessed 28 March 2013).


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Under article 14, paragraph 2, a State party may designate a nationalbody which will be competent to receive and consider petitions rom indi-viduals and groups o individuals who claim to be victims o a violation o

their rights set orth in the Convention and who have exhausted other avail-able local remedies.

Additional pointers

Complaints under this Convention may be brought not only by or on behalo individuals but also by or on behal o groups o individuals. The com-plaints must be submitted within six months o the fnal decision by a nationalauthority in the case.

The act that the same matter is pending beore or has been the subject oa decision under another international procedure will not be considered anobstacle to the admissibility o the complaint.

Upon registration o a complaint, the State party has three months to presentsubmissions on the admissibility o the complaint or, i it has no objection tothe admissibility, on the merits. I the State party challenges the admissibility,the complainant will have six weeks to comment on the State partys obser-vations. Ater that, the Committee will take a decision on admissibility. I theCommittee concludes that the case is admissible, the State party has threemore months to present observations on the merits. The complainant will thenhave six weeks to comment beore the Committee takes a fnal decision onthe merits o the case. Alternatively, i the State party has no objection to theadmissibility o the complaint and submits comments solely on the merits,the complainant will also have six weeks to comment beore the Committeetakes a fnal decision on the merits.

The rules o procedure18 o the Committee on the Elimination o Racial Dis-crimination authorize it to invite the person fling the complaint (or his/her

representative) and State party representatives to attend the proceedings inorder to provide additional inormation or to answer questions on the meritso the case. However, such instances are exceptional and a case will not beprejudiced should the complainant ail to attend in person.

When the Committee takes a decision (called an opinion) on the merits oa complaint, it oten makes suggestions and/or recommendations, even iit has concluded that there has been no violation o the Convention. Thesesuggestions or recommendations may be general or specifc and addressed

either to the State party in question or to all State parties to the Convention.

18 See rule 94, para. 5.


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D. Procedure under the Optional Protocol to the Conventionon the Elimination o All Forms o Discrimination against

Women

The Convention on the Elimination o All Forms o Discrimination againstWomen, adopted on 18 December 1979, guarantees the right o all wom-en to be ree rom discrimination and lays down obligations or State partiesdesigned to ensure the legal and practical enjoyment o that right. The sub-stantive obligations are set out in Parts I to IV o the Convention (arts. 116).

The Conventions complaint mechanism is established by its Optional Proto-col, which was adopted on 6 October 1999. It is a separate treaty open toState parties to the Convention. States that have become a party to the Op-

tional Protocol recognize the competence o the Committee on the Elimina-tion o Discrimination against Womena panel o 23 independent expertsthat meets three times a yearto receive complaints rom persons within theirjurisdiction alleging violations o their rights under the Convention.19

Claims dealt with by the Committee under the complaint procedure havecovered issues such as ailure on the part o State authorities to adequatelyprotect women victims o domestic violence; coerced sterilization; stereo-types aecting womens right to a air and just trial; absence o laws andregulations governing access to therapeutic abortion; conditions o detentionnot adapted to the specifc needs o women; or inappropriate medical treat-ment in connection with pregnancy resulting in the victims death.

Additional pointers

A complaint will be inadmissible not only i it is being examined by anotherprocedure o international investigation or settlement but also i it has alreadybeen examined under such procedure.

When the Committee takes a decision (ormally called views) on the meritso a case, it also makes recommendations on the remedies to be adoptedby the State party. The recommendations can be o a general nature, ad-dressing policy issues in the State party, or specifc, adapted to the case inquestion. The kinds o recommendations that the Committee makes include:measures to end ongoing violations against the victim; restitution, compen-sation and rehabilitation or the victim; law reorm and changes in policiesand practices that are in violation o the Convention; steps to prevent therepetition o the violation.

19 For more inormation about the Committee on the Elimination o Discrimination against Wom-en, see its web page: http://www2.ohchr.org/english/bodies/cedaw/index.htm (accessed28 March 2013).


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The State party is required, within six months o receiving the Committeesdecision and recommendations, to submit a written response detailing anyaction it has taken. The Committee may subsequently invite the State party to

submit urther inormation. This may take the orm o an update in the Statepartys subsequent periodic report20 to the Committee.

E. Procedure under the Optional Protocol to the Conventionon the Rights o Persons with Disabilities

The Convention on the Rights o Persons with Disabilities, adopted on 13 De-cember 2006, promotes the ull enjoyment by persons with disabilities otheir human rights and undamental reedoms and sets out obligations orState parties designed to ensure the legal and practical enjoyment o these

rights and reedoms.

The complaint mechanism under the Convention is established by its Op-tional Protocol, which was adopted on the same day. It is a separate treatyopen to State parties to the Convention. States that have become a party tothe Optional Protocol recognize the competence o the Committee on theRights o Persons with Disabilitiesa panel o 18 independent experts thatmeets twice a yearto receive complaints rom individuals subject to theirjurisdiction who claim to be victims o a violation o the provisions o the

Convention.21

Additional pointers

Complaints are to be submitted in writing or in an alternative ormat thatenables a legible copy o its content to be transmitted to the State party.

A complaint will be inadmissible not only i the same matter is being examinedunder another procedure o international investigation or settlement but also i ithas already been examined by such procedure or the Committee itsel.

The Committee on the Rights o Persons with Disabilities applies the criteriaset orth in article 12 o the Convention on the Rights o Persons with Disabili-ties, recognizing the legal capacity o the author or alleged victim, regard-less o whether this capacity is recognized in the State party against whichthe complaint is directed.

Under its rules o procedure the Committee can obtain, through the Secre-tary-General o the United Nations, any documentation rom organizationswithin the United Nations system or other bodies that may be o assistance

20 Periodic reports submitted by State parties under article 18 o the Convention.21 For more inormation about the Committee on the Rights o Persons with Disabilities, seeits web page: www.ohchr.org/EN/HRBodies/CRPD/Pages/CRPDIndex.aspx (accessed28 March 2013).


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in the consideration o the complaint. In this case, to preserve proceduralequity, each party will be aorded an opportunity to comment on such docu-mentation or inormation within fxed time limits.

F. Procedure under the International Convention or theProtection o All Persons rom Enorced Disappearance

The International Convention or the Protection o All Persons rom EnorcedDisappearance, adopted on 20 December 2006, imposes obligations onState parties to protect all persons rom enorced disappearance and tocombat impunity or the crime o enorced disappearance. The substantiveobligations are set out in Part I o the Convention (arts. 125). The Conven-tion establishes an individual complaint mechanism. State parties may make

a declaration under article 31, accepting the competence o the Committeeon Enorced Disappearancesa panel o 10 independent experts meetingtwice a yearto consider complaints rom individuals subject to its jurisdic-tion alleging violations by that State o their rights under the Convention.22

The Committee has competence solely in respect o enorced disappear-ances which commenced ater the entry into orce o the Convention. I aState became a party to the Convention ater its entry into orce, the obliga-tions o that State vis--vis the Committee shall relate only to enorced disap-pearances which commenced ater the entry into orce o the Convention orthat State.

The Committee should be distinguished rom the Working Group on En-orced or Involuntary Disappearances, a body composed o fve independ-ent experts established in 1980 by the then United Nations Commission onHuman Rights. The Working Group examines cases o enorced disappear-ance alleged to have occurred in any part o the world. However, contraryto the Committee, the Working Groups basic mandate is not to monitorthe implementation o the Convention in the State parties to it, but to assist

relatives to ascertain the ate and whereabouts o their disappeared amilymembers.23

Additional pointers

A complaint will be considered inadmissible i the same matter is being ex-amined under another procedure o international investigation or settlemento the same nature.

When the Committee communicates a complaint to a State party, the lattermust provide, within our months, written explanations or statements that relate

22 For more inormation about the Committee on Enorced Disappearances, see its web page:www.ohchr.org/EN/HRBodies/CED/Pages/CEDIndex.aspx (accessed 28 March 2013).23 See OHCHR Fact Sheet No. 6.


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to the admissibility and the merits, as well as to any remedy that may havebeen provided in the matter.

At any time ater the receipt o a complaint and beore a conclusion has

been reached on the merits, the Committee may consult relevant documenta-tion rom United Nations bodies, specialized agencies, unds, programmesand mechanisms and other international organizations, including regionalintergovernmental organizations or bodies as well as State institutions, agen-cies or ofces, that may assist in the examination o the case. However, theCommittee must aord the State and the complainant an opportunity to com-ment on such inormation within fxed time limits.

G. Procedure under the International Convention on theProtection o the Rights o All Migrant Workers andMembers o Their Families

The International Convention on the Protection o the Rights o All MigrantWorkers and Members o Their Families, adopted on 18 December 1990,imposes obligations on State parties to protect and guarantee a comprehen-sive range o rights on behal o migrant workers and their amilies. The sub-stantive obligations are set out in Parts II to VI o the Convention (arts. 771).The Convention establishes its own individual complaint mechanism. State

parties may make a declaration under article 77, accepting the competenceo the Committee on the Protection o the Rights o All Migrant Workers andMembers o Their Familiesa panel o 14 independent experts that meetstwice a yearto consider complaints rom individuals or groups o individu-als alleging violations o their rights under the Convention.24 The individualcomplaint mechanism will enter into orce when ten States parties to theConvention have made a declaration under article 77 o the Convention.As the Conventions complaint mechanism has not yet entered into orce, theCommittee has not yet developed rules o procedure and practice relating

to individual complaints.Once the complaint mechanism has entered into orce, individuals subject tothe jurisdiction o a State party that has made the declaration under article77 (or persons acting on their behal) may make complaints to the Commit-tee, claiming that their individual rights set out in the Convention have beenviolated by the State party.

A complaint will not be admissible i the same matter has been or is being ex-amined under another procedure o international investigation or settlement.

24 For more inormation on the Committee on the Protection o the Rights o All Migrant Workersand Members o Their Families, see OHCHR Fact Sheet No. 24 or the Committees web page:http://www2.ohchr.org/english/bodies/cmw/index.htm (accessed 28 March 2013).


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H. Procedure under the Optional Protocol to the Interna-tional Covenant on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights, adopt-

ed on 16 December 1966, imposes obligations on State parties to takesteps, individually and through international assistance and cooperation, tothe maximum o their available resources, with a view to achieving progres-sively the ull realization o economic, social and cultural rights. The Cov-enants complaint mechanism is established by its Optional Protocol, whichwas adopted on 10 December 2008. It is a separate treaty open to Stateparties to the Covenant. States that have become a party to the OptionalProtocol recognize the competence o the Committee on Economic, Socialand Cultural Rightsa panel o 18 independent experts that meets twice a

yearto receive complaints rom persons within their jurisdiction allegingviolations o their rights under the Convention.25 In 2012, the Committeeadopted provisional rules o procedure to be applied to the complaints sub-mitted under the Optional Protocol.

Under the Optional Protocol, the Committee may acilitate the riendly settle-ment o complaints submitted to it, at any time o the procedure and beorea fnal decision on the merits has been reached. The riendly settlement pro-cedure will be conducted on the basis o consent o the parties and will be

confdential. The Committee may terminate its acilitation o the procedure iit concludes that the matter is not susceptible to a resolution or any o the par-ties does not consent to its application, decides to discontinue it, or does notdisplay the requisite will to reach a riendly settlement based on respect orthe obligations set orth in the Covenant. Once both parties have expresslyagreed to a riendly settlement, the Committee shall adopt a decision with astatement o the acts and o the solution reached. In all cases, the riendlysettlement must be based on respect or the obligations set orth in the Cov-enant. I no riendly settlement is reached, the Committee shall continue the

examination o the complaint in accordance with the normal procedure.Under the Optional Protocol, State parties are required to take appropriatemeasures to ensure that individuals under their jurisdiction are not subjectedto any orm o ill-treatment or intimidation as a consequence o communicat-ing with the Committee in connection with a complaint submitted to it. I theCommittee receives reliable inormation that a State party has not compliedwith this obligation, it may request the State to provide explanations andadopt measures to put an end to the situation.

25 For more inormation on the Committee on Economic, Social and Cultural Rights, see OHCHRFact Sheet No. 16 or the Committees web page: http://www2.ohchr.org/english/bodies/cescr/index.htm (accessed 28 March 2013).


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The Committee may, i necessary, decline to consider a complaint i it doesnot reveal that the author has suered a clear disadvantage, unless theCommittee considers that the complaint raises a serious issue o general

importance.

Additional pointers

The Optional Protocol sets a time limit or submitting complaints to the Com-mittee. A complaint must be submitted within one year o exhausting domesticremedies, unless the author can demonstrate that it was impossible to do so.

At any time ater the receipt o a complaint and beore a conclusion hasbeen reached on the merits, the Committee may consult relevant documenta-

tion rom United Nations bodies, specialized agencies, unds, programmesand mechanisms, and other international organizations, including rom re-gional human rights systems, that may assist in the examination o the case,provided that the Committee aords the State party and the complainant anopportunity to comment on such documentation.

When examining complaints, the Committee will consider the reasonable-ness o the steps taken by the State party regarding the implementation othe rights set orth in the Covenant. In doing so, the Committee will bear inmind that the State party may adopt a range o policy measures to this end.

The Committee may request the State party to include inormation on any actiontaken in response to its views, recommendations or riendly settlement agreementsin its periodic reports on the general implementation o the Covenant.26

I. Procedure under the Optional Protocol to the Conventionon the Rights o the Child on a communications proce-dure27

The Convention on the Rights o the Child, adopted on 20 November 1989,imposes obligations on State parties to respect the rights o the child. Thesubstantive obligations are set out in Part I o the Convention (arts. 141), aswell as in its Optional Protocol on the sale o children, child prostitution andchild pornography and its Optional Protocol on the involvement o childrenin armed conict. The Conventions complaint mechanism is established byits Optional Protocol on a communications procedure, which was adoptedon 19 December 2011. It is a separate treaty open to State parties tothe Convention and its two substantive Optional Protocols. States that have

26 Reports submitted under articles 16 and 17 o the Covenant.27 At the time o writing, the Optional Protocol on a communications procedure had not yetentered into orce.


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become a party to the Optional Protocol on a communications procedurerecognize the competence o the Committee on the Rights o the Childapanel o 18 independent experts that meets three times a yearto receive

complaints rom persons within their jurisdiction alleging violations o theirrights under the Convention and its two substantive Optional Protocols.28 InJanuary 2013, the Committee adopted the rules o procedure to be appliedto the complaints submitted under the Optional Protocol.

Complaints may be submitted by individuals or groups o individuals claim-ing to be victim(s) o a violation o the Convention and/or its substantive Op-tional Protocols, regardless o whether their legal capacity is recognized inthe State party against which the complaint is directed. Complaints may alsobe submitted by their designated representatives or by others acting on be-

hal o the alleged victim(s) with their express consent. According to the Com-mittees rules o procedure, i there is a concern that representation, despitethe victims consent, may be a result o improper pressure or inducement,the Committee may request additional inormation or documents, includingrom third-party sources, that show that the submission o a complaint on thealleged victims behal is not a result o improper pressure or inducement andis in the best interests o the child.

Complaints may be submitted on behal o the alleged victim without such

express consent, provided that the complainant can justiy his/her actionand the Committee deems it to be in the best interests o the child. I pos-sible, the alleged victim, on whose behal the complaint is presented, maybe inormed o the complaint and his/her views shall be given due weightin accordance with his/her age and maturity.

The Committee may acilitate the riendly settlement o complaints submitted to it.A riendly settlement must be based on respect or the obligations set orth in theConvention and/or its substantive Optional Protocols. The Committee will notaccept any riendly settlement that is not based on the respect o such obligations.

Additional pointers

The Optional Protocol sets a time limit or initial submissions. A complaintmust be submitted within one year o exhausting domestic remedies, unlessthe complainant can demonstrate that it was impossible to do so.

A complaint is inadmissible i the same matter has already been examinedby the Committee or has been or is being examined under another proce-

dure o international investigation or settlement.28 For more inormation about the Committee, see its web page: http://www2.ohchr.org/english/bodies/crc/index.htm (accessed 28 March 2013).


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The Committee may decide to invite the complainant and/or alleged victimas well as representatives o the State party concerned in order to provide,in person or by way o video or teleconerence, urther clarifcation or to an-

swer questions on the merits o the case, provided that the Committee deemsit to be in the best interests o the child. Any hearing shall be conducted in aclosed meeting. The hearings o alleged victims will not be conducted in thepresence o State representatives, unless the alleged victims so request andthe Committee deems it in the best interests o the children. The Committeewill guarantee child-sensitive procedures at hearings o the alleged victimsand ensure that their views are given due weight in accordance with theirage and maturity.


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Annex I

MODEL FORM FOR THE SUBMISSION OF COMMUNICATIONSUNDER THE OPTIONAL PROTOCOL TO THE INTERNATIONAL

COVENANT ON CIVIL AND POLITICAL RIGHTS, THE CONVENTIONAGAINST TORTURE OR THE INTERNATIONAL CONVENTION ONTHE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION

Please indicate which o the above procedures you are invoking: .................................................................................................................Date: ............................................................................................

I. Inormation on the complainant

Name: ................................First name(s): ........................................

Nationality: ..........................Date and place o birth: .........................

Address or correspondence on this complaint: ..............................................................................................................................................................................................................................................

Submitting the communication:

on your own behal F or on behal o another person F

I the complaint is being submitted on behal o another person, please pro-vide the ollowing details o that other person:

Name: ................................First name(s): ........................................

Nationality: ..........................Date and place o birth: .........................

Address or current whereabouts: ............................................................................................................................................................

....................................................................................................I you are acting with the knowledge and consent o that person, pleaseprovide that persons authorization or you to bring this complaint....................................................................................................Or

I you are not so authorized, please explain the nature o your relationshipwith that person: .............................................................................

....................................................................................................and detail why you consider it appropriate to bring this complaint on his orher behal: .........................................................................................................................................................................................


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II. State concerned/articles violated

Name o the State that is either a party to the Optional Protocol (or com-plaints to the Human Rights Committee) or has made the relevant declaration

(or complaints to the Committee against Torture or the Committee on theElimination o Racial Discrimination): ...................................................

Articles o the Covenant or Convention alleged to have been violated: ..........................................................................................................

III. Exhaustion o domestic remedies/application to otherinternational procedures

Steps taken by or on behal o the alleged victims to obtain redress withinthe State concerned or the alleged violation. Detail which procedures havebeen pursued, including recourse to the courts and other public authorities,which claims you have made, when and with which outcomes: ...........................................................................................................................................................................................................................................................................................................................

I you have not exhausted these remedies because their application would

be unduly prolonged, they would not be eective, they are not available toyou or or any other reason, please explain your reasons in detail: .......................................................................................................................................................................................................................................................................................................................

Have you submitted the same matter or examination under another pro-cedure o international investigation or settlement (e.g., the Inter-AmericanCommission on Human Rights, the European Court o Human Rights or the

Arican Commission on Human and Peoples Rights)?Yes F No F

I so, detail which procedure(s) have been, or are being, pursued, whichclaims you have made, when and with which outcomes: ................................................................................................................................................................................................................................


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IV. Facts o the complaint

Detail, in chronological order, the acts and circumstances o the allegedviolations. Include all matters which may be relevant to the assessment and

consideration o your particular case. Please explain how you consider thatthe acts and circumstances described violate your rights. ................................................................................................................................................................................................................................

Authors signature: ...........................................................................

[The dotted lines simply indicate where your responses are required. Youshould take as much space as you need.]

V. Supporting documentation (copies, not originals, to beenclosed with your complaint)

Written authorization to act (i you are bringing the complaint on be-hal o another person and are not otherwise justiying the absence ospecifc authorization)

Decisions o domestic courts and authorities on your claim (a copy othe relevant national legislation is also helpul)

Complaints to and decisions by any other procedure o internationalinvestigation or settlement

Any documentation or other corroborating evidence you possess thatsubstantiates your description in part IV o the acts o your claim and/or your argument that the acts described amount to a violation o yourrights

I you do not enclose this inormation and it needs to be sought specifcallyrom you, or i accompanying documentation is not provided in the working

languages o the secretariat (English, French, Spanish or Russian), the con-sideration o your complaint may be delayed.


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Annex II

MODEL FORM FOR THE SUBMISSION OF COMMUNICATIONSUNDER THE OPTIONAL PROTOCOL OF THE CONVENTION ON

THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINSTWOMEN

I. Inormation concerning the author(s) o thecommunication

Family name: .............................................................................

First name: ................................................................................

Date and place o birth:...............................................................

Nationality/citizenship: ...............................................................

Passport/identity card number (i available): ....................................

Sex: .........................................................................................

Marital status/children: ................................................................

Proession: ................................................................................. I relevant, ethnic background, religious afliation, social group:.................

Present address: ........................................................................................................................................................................

Postal address or confdential correspondence (i other than present ad-dress): .....................................................................................................................................................................................

...............................................................................................

Telephone number/e-mail address: ................................................

Indicate whether you are submitting the communication as: .................

F Alleged victim(s). I there is a group o individuals alleged to be vic-tims, provide basic inormation about each individual.

F On behal o the alleged victim(s). Provide evidence o the consent o

the victim(s) or reasons that justiy submitting the communication withoutsuch consent.


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II. Inormation concerning the alleged victim(s) (i otherthan the author)

Family name: .............................................................................

First name: ................................................................................



Passport/identity card number (i available): ....................................

Sex: .........................................................................................

Marital status/children: ................................................................

Proession: .................................................................................

I relevant, ethnic background, religious afliation, social group:.................

Present address: ........................................................................................................................................................................

Postal address or confdential correspondence (i other than present ad-

dress): ....................................................................................................................................................................................................................................................................................

Telephone number/e-mail address: ................................................

III. Inormation on the State party concerned

Name o the State party (country): .................................................

IV. Facts o the complaint and nature o the allegedviolation(s)

Please detail, in chronological order, the acts and circumstances o the al-leged violations, including:

Description o the alleged violation(s) and the alleged perpetrator(s): ......................................................................................................................................................................................................

...............................................................................................

Date(s): .........................................................................................


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Place(s): ...................................................................................

Provisions o the Convention on the Elimination o All Forms o Discrimina-tion against Women that were allegedly violated. I the communication

reers to more than one provision, describe each issue separately: ...................................................................................................................................................................................................................................................................................................

V. Steps taken to exhaust domestic remedies

Describe the action taken to exhaust domestic remedies; or example, at-tempts to obtain legal, administrative, legislative, policy or programme rem-

edies, including:

Type(s) o remedy sought: ............................................................

Date(s): ....................................................................................

Place(s): ...................................................................................

Who initiated the action? ............................................................

Which authority or body was addressed? ...................................... Name o court hearing the case (i any) .........................................

I you have not exhausted domestic remedies because their applicationwould be unduly prolonged, they would not be eective, they are not avail-able to you or or any other reason, please explain your reasons in detail ...............................................................................................................................................................................................

Please note: Enclose copies o all relevant documentation.

VI. Other international procedures

Has the same matter already been examined or is it being examined underanother procedure o international investigation or settlement?

Yes F No F

I so, explain: Type o procedure(s): ..................................................................

..............................................................................................


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Date(s): ....................................................................................

Place(s): ...................................................................................

Results (i any): ...........................................................................

Please note: Enclose copies o all relevant documentation.

VII. Disclosure o your name(s)

Do you consent to the disclosure o your name(s) to the State party shouldyour communication be registered by the Committee in accordance witharticle 6, paragraph 1, o the Optional Protocol and rule 69, paragraph 1,o the Committees rules o procedure?

Yes F No F

VIII. Date and signature

Date/place: ...................................................................................

Signature o author(s) and/or victim(s): ................................................

IX. List o documents attached (do notsend originals, onlycopies)

....................................................................................................

....................................................................................................

....................................................................................................


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Annex III

MODEL FORM FOR THE SUBMISSION OF COMMUNICATIONSUNDER THE OPTIONAL PROTOCOL TO THE CONVENTION ON

THE RIGHTS OF PERSONS WITH DISABILITIES

I. Inormation concerning the author(s) o thecommunication

Family name: .............................................................................

First name: ................................................................................



Sex: .........................................................................................

Other relevant personal identifcation data (i any o the above details arenot available): ........................................................................................................................................................................................................................................................................

Present address: .....................................................................................................................................................................................................................................................................

Postal address or confdential correspondence (i other than present ad-dress): .............................................................................................................................................................................................

Telephone or mobile number (i any): ..............................................

E-mail address (i any): .................................................................

Fax number (i any): ....................................................................

I you are submitting the communication on behal o the alleged victim(s),please provide evidence o the consent o the victim(s), or reasons thatjustiy submitting the communication without such consent:.............................................................................................................................................................................................................................................................................................................


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II. Inormation concerning the alleged victim(s)

Family name: .............................................................................

First name: ................................................................................ Date and place o birth:...............................................................


Sex: .........................................................................................

I you consider it appropriate, please indicate whether the allegedvictim(s) has a disability and, i so, the nature o their disability: ...........

............................................................................................... Other relevant personal identifcation data (i any o the above details are

not available) ............................................................................................................................................................................

Present address: .......................................................................................................................................................................................................................................................................

Postal address or confdential correspondence (i other than present ad-dress): .....................................................................................................................................................................................

Telephone or mobile number (i any): ..............................................

E-mail address (i any): .................................................................

Fax number (i any): ....................................................................

I the communication concerns a group o individuals claiming to be vic-tims, please provide basic inormation about each individual, in line withthe above list.

III. Inormation on the State party concerned

Name o the State party (country): ......................................................

IV. Subject matter o the communication

....................................................................................................


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V. Nature o the alleged violation(s)

Please provide detailed inormation to substantiate your claim, including:

Description o the alleged violation(s), speciying the acts or omissionsthat prompted the communication: .....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................

Details o the perpetrators o the alleged violation(s): .........................

..............................................................................................

..............................................................................................

Date(s): ....................................................................................

Place(s): ...................................................................................

Insoar as possible, please indicate which provisions o the Convention wereallegedly violated. I the communication reers to more than one provision,describe each issue separately: ..........................................................

....................................................................................................

....................................................................................................

VI. Steps taken to exhaust domestic remedies

Describe the action taken to exhaust domestic remedies in the State party inwhich the alleged violation(s) o rights protected under the Convention oc-curred, such as attempts to obtain legal or administrative redress. Any com-plaint submitted to the Committee must frst have been submitted to the nationalcourts and authorities or consideration.

In particular, please indicate:

Type(s) o action taken by the alleged victim(s) to exhaust domestic rem-edies, such as decisions o domestic courts: ....................................

Authority or body addressed: .......................................................

Name o the court hearing the case (i any): ...................................

Date(s): ....................................................................................

Place(s): ...................................................................................

Who initiated the action or sought a solution: ..................................


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Key points o the fnal decision o the authority, body or court addressed: ................................................................................................................................................................................................

I domestic remedies have not been exhausted, please explain why: ................................................................................................................................................................................................

Note: Please enclose copies o all relevant documentation, including cop-ies o legal or administrative decisions or domestic legislation related to thecase or summaries o such decisions or legislation in one o the workinglanguages o the secretariat (English, French, Spanish or Russian).

VII. Other international proceduresHas the same matter already been examined or is it being examined underanother procedure o international investigation or settlement?

Yes F No F

I so, explain:

Type o procedure(s): ..................................................................

Body or bodies addressed: ..........................................................

Date(s): ....................................................................................

Place(s): ...................................................................................

Results (i any): .......................................................................................................................................................................................................................................................................

Note: Please enclose copies o all relevant documentation.

VIII. Specifc requests/remedies

Please detail the specifc requests or remedies that are being submitted to theCommittee or consideration: .....................................................................................................................................................................................................................................................................

IX. Date, place and signature

Date o communication: ...............................................................

Place o signature o communication: .............................................

Signature o author(s) and/or alleged victim(s): ................................


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X. List o documents attached

....................................................................................................

....................................................................................................

....................................................................................................

....................................................................................................

.................

Individual Complaint Procedures under the United Nations Human Rights Treaties

Documents