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Against whom, in accordance with an international treaty, can a complaint be filed?

Обновлено 29.04.2024 09:39

 

The original article: https://espchhelp.ru/koon/stati/4398-against-whom-in-accordance-with-an-international-treaty-can-a-complaint-be-filed .

 

A complaint under one of the nine treaties can only be filed against a State that satisfies two conditions. First, it must be a party to the relevant treaty (through ratification or accession) providing for the rights that have allegedly been violated. Secondly, the State party should recognize the competence of the committee monitoring compliance with the relevant treaty to receive and consider complaints from individuals.

In the case of the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of Persons with Disabilities, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child, the State recognizes the competence of the relevant committee by becoming a party to the optional protocol to the relevant treaty, i.e. a separate A treaty adopted to supplement the provisions of each of the above-mentioned covenants and conventions5. In the case of the Convention against Torture, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the International Convention for the Protection of All Persons from Enforced Disappearance, States recognize the competence of the committees through a declaration in accordance with a specific article of these conventions.

 

The original article: https://espchhelp.ru/koon/stati/4398-against-whom-in-accordance-with-an-international-treaty-can-a-complaint-be-filed .