8 Complaint procedures
As previous chapters have indicated, a growing number of procedures exist globally and regionally whereby those affected by or concerned about human rights violations may file communications or complaints. At the global level, with the exception of the procedure for gross and systematic violations pursuant to Resolution 1503, access remains optional with States Parties to the various treaties. In contrast, the three regional systems that provide such a mechanism automatically make their States Parties subject to the right of petition. In addition, beginning with Europe, some regional systems have created judicial bodies to supervise State implementation and provide redress. Access to the international procedures depends on the exhaustion of available and effective local remedies within the State alleged to have committed the violation.
Most procedures focus on individuals whose rights have been violated, but several are concerned with broader situations of widespread violations within a country. Both types of procedure aim to secure compliance with international human rights law by the State in question. Different mechanisms address the two types of case, however.
Four of the UN human rights treaty bodies (HRC, CERD, CEDAW and CAT) may consider individual complaints or communications. The ICESCR also has initiated a collective complaints procedure discussed herein. The Convention on Migrant Workers contains provisions allowing individual communications that will become operative when ten States Parties have made the necessary declaration under CPMW Article 77.
A few of the UN specialized agencies, most importantly the ILO and UNESCO, also...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.