
Contents
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I Complaint Procedures I Complaint Procedures
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A. Stocktaking A. Stocktaking
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1. Universal level 1. Universal level
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i ) Interstate complaints procedures i ) Interstate complaints procedures
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ii ) Individual communication procedures ii ) Individual communication procedures
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2. Regional level 2. Regional level
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i ) Interstate complaint procedures i ) Interstate complaint procedures
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ii ) Individual complaints procedures ii ) Individual complaints procedures
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3. Reservations 3. Reservations
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B. General features of individual communication procedures B. General features of individual communication procedures
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1. Persons entitled to file communications 1. Persons entitled to file communications
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2. Rights that can be asserted 2. Rights that can be asserted
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3. Standing—the victim requirement 3. Standing—the victim requirement
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4. Exhaustion of local remedies 4. Exhaustion of local remedies
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5. Other international procedures of settlement 5. Other international procedures of settlement
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6. Unsubstantiated communications 6. Unsubstantiated communications
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7. Consideration of the merits—absence of oral hearings 7. Consideration of the merits—absence of oral hearings
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8. Interim relief 8. Interim relief
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C. Outcome C. Outcome
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1. Non-binding views 1. Non-binding views
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2. Follow-up 2. Follow-up
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3. Publication of the case law 3. Publication of the case law
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4. Quantitative assessment 4. Quantitative assessment
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5. Qualitative assessment 5. Qualitative assessment
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II Fact-finding II Fact-finding
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A. General considerations A. General considerations
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B. Formal procedures B. Formal procedures
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1. Fact-finding by the Committee Against Torture 1. Fact-finding by the Committee Against Torture
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2. Fact-finding by the Subcommittee on Prevention of Torture (SPT) 2. Fact-finding by the Subcommittee on Prevention of Torture (SPT)
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3. Fact-Finding by the Committee on the Elimination of Discrimination against Women 3. Fact-Finding by the Committee on the Elimination of Discrimination against Women
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4. Fact-finding by the Inter-American Commission on Human Rights 4. Fact-finding by the Inter-American Commission on Human Rights
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5. Fact-finding by the African Commission on Human and Peoples’ Rights 5. Fact-finding by the African Commission on Human and Peoples’ Rights
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6. Fact-finding by the European Committee for the Prevention of Torture 6. Fact-finding by the European Committee for the Prevention of Torture
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III Conclusion III Conclusion
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13 The Work of Expert Bodies: Complaint Procedures and Fact-finding
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Published:September 2014
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Extract
Complaint Procedures
Stocktaking
The international treaties for the protection of human rights have introduced two different complaints procedures: procedures open to states parties according to which one state charges another state with not fulfilling its duties under the treaties concerned (interstate complaints); and procedures permitting individuals believing themselves to be victims of a violation of their rights to bring a complaint to the attention of the competent review body (individual complaints). As far as terminology is concerned, at the United Nations level the practice has become firmly established to speak of ‘communications’ instead of complaints. In substance, there is no real difference between a communication and a complaint, but the terminological downgrading of complaints to the level of mere communications has served to make acceptance of the relevant control mechanism easier for states. A communication, taken literally, is no more than a message, a piece of information, whereas a complaint carries the unpleasant connotation of a charge, an indictment against the respondent state. Thus, the word ‘communication’ is meant to portray a relationship of good understanding, where a constructive dialogue may remedy all the problems raised by its author. Communications suggest a friendly environment free of tensions that might disrupt all bridges between the litigant parties.
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