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The ‘Victim’ Requirement for Optional Protocol Admissibility The ‘Victim’ Requirement for Optional Protocol Admissibility
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Victim must be an Individual Victim must be an Individual
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Collective Rights Collective Rights
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Non-Governmental Organizations Non-Governmental Organizations
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Political Parties Political Parties
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Corporations Corporations
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Partnerships Partnerships
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Religious Organizations Religious Organizations
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Standing for Third Parties Standing for Third Parties
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Representation Representation
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Victim is Unable to Authorize the Communication Personally Victim is Unable to Authorize the Communication Personally
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Representation of Children Representation of Children
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Victim is Represented by Successors Victim is Represented by Successors
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Unborn Children Unborn Children
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Future Violations Future Violations
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Future Victims Future Victims
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Reasonable Foreseeability Reasonable Foreseeability
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Legislation May Violate the ICCPR in the Absence of Enforcement Legislation May Violate the ICCPR in the Absence of Enforcement
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Conclusion Conclusion
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Cite
Extract
The ‘Victim’ Requirement for Optional Protocol Admissibility
Article 1 of the Optional Protocol (OP) states that petitions must be submitted by individuals who believe themselves to be victims of a breach of the ICCPR. In the Mauritian Women’s Case (35/78), the Committee made the following oft-quoted statement:
¶9.2. …A person can only claim to be a victim in the sense of article 1 of the Optional Protocol if he or she is actually affected. It is a matter of degree how concretely this requirement should be taken. However, no individual can in the abstract, by way of an actio popularis, challenge a law or practice claimed to be contrary to the Covenant….
Therefore, a petitioner may claim to be a victim only if he or she is personally affected by the act or omission which is at issue. The Committee will dismiss the communication as inadmissible if the petitioner cannot show this victim status. Exceptionally, a third party may submit the communication on behalf of a victim [3.26]. However, a victim must always be involved in the communication, as illustrated in the following case.
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