Human Rights Bodies - Complaints Procedures

Complaining about human rights violations

The ability of individuals to complain about the violation of their rights in an international arena brings real meaning to the rights contained in the human rights treaties.

There are three main procedures for bringing complaints of violations of the provisions of the human rights treaties before the human rights treaty bodies:

• individual communications;
• state-to-state complaints; and
• inquiries.

Note: not all committees have the right to consider such complaints.

There are also procedures for complaints which fall outside of the treaty body system - through the special procedures and the 1503 procedure of the Commission on Human Rights and through the Commission on the Status of Women.

There are also procedures for complaints which fall outside of the treaty body system - through the special procedures and the Human Rights Council Complaint Procedure and through the Commission on the Status of Women.

Individual Communications

Four of the human rights treaty bodies (CCPR, CERD, CAT and CEDAW) may, under certain circumstances, consider individual complaints or communications from individuals:

The CCPR may consider individual communications relating to States parties to the First Optional Protocol to the ICCPR;

The CEDAW may consider individual communications relating to States parties to the Optional Protocol to CEDAW;

The CAT may consider individual communications relating to States parties who have made the necessary declaration under article 22 of CAT; and

The CERD may consider individual communications relating to States parties who have made the necessary declaration under article 14 of ICERD.

The Convention on Migrant Workers also contains provision for allowing individual communications to be considered by the CMW; these provisions will become operative when 10 states parties have made the necessary declaration under article 77.

Who can complain?

Any individual who claims that her or his rights have under the covenant or convention have been violated by a State party to that treaty may bring a communication before the relevant committee, provided that the State has recognized the competence of the committee to receive such complaints. Complaints may also be brought by third parties on behalf of individuals provided they have given their written consent or where they are incapable of giving such consent.

For more information on how to complain under the treaty bodies' comunications procedures, click here.

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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.

Note: these procedures have never been used.

CAT and CMW: Article 21 CAT and article 74 CMW set out a procedure for the relevant Committee itself to consider complaints from one State party which considers that another State party is not giving effect to the provisions of the Convention. This procedure applies only to States parties who have made a declaration accepting the competence of the Committee in this regard.

CERD and CCPR: Articles 11-13 ICERD and articles 41-43 ICCPR set out a more elaborate procedure for the resolution of disputes between States parties over a State's fullfillment of its obligations under the relevant Convention/Covenant through the establishment of an ad hoc Conciliation Commission. The procedure normally applies to all States parties to ICERD, but applies only to States parties to the ICCPR which have made a declaration accepting the competence of the Committee in this regard.

Resolution of inter-State disputes concerning interpretation or application of a convention

CEDAW, CAT and CMW: Article 29 CEDAW, article 30 CAT and article 92 provide for disputes between States parties concerning interpretation or application of the Convention to be resolved in the first instance by negotiation or, failing that, by arbitration. One of the States involved may refer the dispute to the International Court of Justice if the parties fail to agree arbitration terms within six months. States parties may exclude themselves from this procecedure by making a declaration at the time of ratification or accession, in which case, in accordance with the principle of reciprocity, they are barred from bringing cases against other States parties.

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Inquiries

The Committee Against Torture and the Committee on the Elimination of Discrimination Against Women may, on their own initiative, initiate inquiries if they have received reliable information containing well-founded indications of serious or systematic violations of the conventions in a State party.

Which States may be subject to inquiries?

Inquiries may only be undertaken with respect to States parties who have recognized the competence of the relevant Committee in this regard. States parties to CAT may opt out, at the time of ratification or accession, by making a declaration under article 28; States parties to the CEDAW Optional Protocol may similarly exclude the comptence of the Committee by making a declaration under article 10.

Inquiry Procedure

Article 20 of the Convention Against Torture and articles 8 to 10 of the Optional Protocol to CEDAW set out the following basic procedure for the relevant Committee to undertake urgent inquiries:

1. The procedure may be initiated if the Committee receives reliable information indicating that the rights contained in the Convention are being systematically violated by the State party. In the case of CAT, the information should contain well-founded indications that torture is being systematically practised in the territory of the State party; in the case of CEDAW, the information should indicate grave or systematic violations of the rights set forth in the Convention by a State party.

2. The first step requires the Committee to invite the State party to co-operate in the examination of the information by submitting observations.

3. The Committee may, on the basis of the State party's observations and other other relevant information available to it, decide to designate one or more of its members to make a confidential inquiry and report to the Committee urgently. The CEDAW procedure specifically authorizes a visit to the territory of the State concerned, where warranted and with the State's consent.

4. The findings of the member(s) are then examined by the Committee and transmitted to the State party together with any appropriate comments or suggestions/recommendations.

5. The CEDAW procedure sets a six-month deadline for the State party to respond with its own observations on the Committee's findings, comments and recommendations and, where invited by the Committee, to inform it of the measures taken in response to the inquiry.

6. The Committee may decide, in consultation with the State party, to include a simmary account of the results of the proceedings in its annual report.

In both cases, the procedure is confidential and the cooperation of the State party must be sought throughout.