Human Rights mechanisms and competence of treaty bodies
Human Rights mechanisms and competence of treaty bodies
Treaty bodies | Human Rights Committee | Committee on economic, social and cultural rights | Committee on elemination of racial discrimination | Committee on the elimination of discrimination against women | Committee against torture | Comittee on the rights of the child | Committee on the rights of persons with disabilities | Committee on migrant workers | Committee on enforced disappearances |
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Instruments monitored by the Committees |
International Covenant on Civil and Political Rights (16/12/66 (ICCPR))
Optional Protocol aiming at the abolition of the death penalty (15/12/89) |
International Covenant on Economic, Social and Cultural Rights (16/12/66 (ICESCR)
Optional Protocol to the ICESCR (10/12/2008) |
International Convention on the Elimination of All Forms of Racial Discrimination (21/12/65 (ICERD)) | Convention on the Elimination of All Forms of Discrimination against Women (18/12/79 (CEDAW)) CEDAW Optional Protocol (6/10/1999) | Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (10/12/84 (CAT)) |
Convention on the Rights of the Child (20/11/89 (CRC))
Optional Protocol on the involvement of children in armed conflicts (25/05/00) Optional Protocol on the sale of children, child prostitution and child pornography (25/05/00) |
Convention on the Rights of Persons with Disabilities (13/12/06 (CRPD))
Optional Protocol on the Rights of Persons with Disabilities (12/12/06) |
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (18/12/90 (ICRMW)) | International Convention for the Protection of All Persons from Enforced Disappearances (20/12/06) |
Inter-State Communications |
Art. 41-43 ICCPR
Possibility of appointing an ad hoc Conciliation Commission This procedure only applies to States that recognise this competence of the ICCPR Committee |
Article 10 OP-ICESCR
This procedure only applies to States that recognise this competence of the CESCR Committee |
Art. 11-13 CERD
Possibility of appointing an ad hoc Conciliation Commission This procedure applies to all CERD State parties |
Art. 21 CAT This procedure only applies to States that recognise this competence of the CAT Committee |
Art. 76 CMW
This procedure only applies to States that recognise this competence of the CMW Committee |
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Individual complaints |
Yes
The State concerned must have ratified the 1st Optional ICCPR Protocol |
Yes
The State concerned must have ratified the CESCR Optional Protocol to the ICESCR |
Yes
The State concerned must have made the Declaration specified in CERD Article 14 |
Yes
The State concerned must have ratified the CEDAW Optional Protocol |
Yes
The State concerned must have made the Declaration specified in CAT Article 22 |
No✶
This Committee cannot consider complaints from individuals |
Yes
The State concerned must have ratified the CRPD Optional Protocol |
Yes
on entry into force) For this Committee to be able to consider individual complaints, 10 State parties must have accepted the procedure (CMW Article 77 |
Yes
For this Committee to be able to consider individual complaints, 10 State parties must have accepted the procedure (Article 31) |
Urgent interim measures in connection with individual complaints |
Article 92
Rules of Procedure of ICCPR |
Art. 5
CESCR Protocol |
Article 94
Rules of Procedure of CERD Committee |
Article 63
Rules of Procedure of CEDAW Committee |
Article 108
Rules of Procedure of CAT Committee |
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Inquiries and visits | No | Art. 11 OP-ICESCR |
Art. 8-10
CEDAW Optional Protocol. The States parties to the CEDAW Protocol can refuse this competence of the Committee by making a declaration under Article 10 of the Protocol |
Art. 20 CAT
The States parties can refuse this competence of the Committee by making a declaration under Article 28 of CAT |
Art. 6(2) |
✶ The Convention on the Rights of the Child does not allow the Committee of experts set up to monitor its implementation to receive individual complaints. Complaints by individuals concerning alleged violations of the rights of the child must therefore be brought before other Committees.