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Tables of Contents for How to Complain to the UN Human Rights Treaty System
Chapter/Section Title
Page #
Page Count
Foreword
xi
Acknowledgements
xv
Abbreviations
xvii
Glossary
xix
The Principal UN Human Rights Treaties
1
32
Introduction
1
3
The Basic International Rules
4
2
What Is a Treaty?
4
1
What Is the Effect of a Treaty?
4
1
How Does a State Become Bound by a Treaty?
4
1
When Does a State Become Bound by a Treaty?
4
1
What Obligations Has a State Undertaken?
4
1
Optional Undertakings
5
1
The Four Principal UN Human Rights Treaties Containing Complaint Mechanisms
6
23
The International Covenant on Civil and Political Rights
Object
6
1
Adoption and Entry into Force
6
1
Obligations Undertaken by States Parties
6
1
Summary of Substantive Rights
7
2
The Second Optional Protocol
9
1
Limitations on Rights
10
3
Derogations
13
1
Reservations
13
1
The Monitoring Body/Treaty Body: The Human Rights Committee
14
1
Number of Ratifying States
15
1
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
Object
15
1
Adoption and Entry into Force
15
1
Obligations Undertaken by States Parties
15
1
Summary of Substantive Rights
15
2
Limitations on Rights
17
1
Derogations
18
1
Reservations
18
1
The Monitoring Body/Treaty Body: The Committee Against Torture (CAT)
18
1
Number of Ratifying States
19
1
Convention on the Elimination of All Forms of Racial Discrimination (CERD)
Object
19
1
Adoption and Entry into Force
20
1
Obligations Undertaken by States Parties
20
1
Summary of Substantive Rights
20
1
Limitations on Rights
21
1
Derogations
22
1
Reservations
22
1
The Monitoring Body/Treaty Body: The Committee on the Elimination of Racial Discrimination (CERD)
22
1
Number of Ratifying States
23
1
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
23
1
Object
23
1
Adoption and Entry into Force
23
1
Obligations Undertaken by States Parties
24
1
Summary of Substantive Rights
24
3
Limitations on Rights
27
1
Derogations
28
1
Reservations
28
1
The Monitoring Body/Treaty Body: The Committee on the Elimination of Discrimination Against Women (CEDAW)
28
1
Number of Ratifying States
29
1
Brief Overview of Principal UN Human Rights Treaties That Do Not Contain Complaint Mechanisms or Contain Complaint Mechanisms Not Yet in Force
29
4
The International Covenant on Economic, Social and Cultural Rights
29
1
The Convention on the Rights of the Child
29
1
The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
30
3
Introduction to Complaints Procedures
33
18
Introduction
33
1
What Is a Complaints Procedure?
33
1
What Is the Purpose of Making an Individual Complaint?
33
1
Which treaties Have Complaints Procedures?
34
1
Which States Can Be the Subject of an Individual Complaint?
34
1
The Basis for the Right to Lodge a Complaint
34
3
The International Covenant on Civil and Political Rights (ICCPR)
34
1
The Optional Protocol to the ICCPR
34
1
When Entered into Force
34
1
Number of Ratifying States
34
1
The Committee's Jurisprudence
35
1
The Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)
35
1
The Article 22 Procedure
35
1
When Entered into Force
35
1
Number of States Which Have Made the Declaration of Competence under Article 22
35
1
The Committee's Jurisprudence
35
1
The Convention on the Elimination of All Forms of Racial Discrimination (CERD)
36
1
The Article 14 Procedure
36
1
When Entered into Force
36
1
Number of States Which Have Made the Declaration of Competence under Article 14
36
1
The Committee's Jurisprudence
36
1
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
37
1
The Optional Protocol to CEDAW
37
1
When Entered into Force
37
1
Number of Ratifying States
37
1
The Committee's Jurisprudence
37
1
General Overview of the Process
37
2
Preparation of the Communication
39
1
Submitting the Communication
40
1
Receipt of the Communication by the Treaty Body
41
1
Reservations
41
1
Substantive Reservations
41
1
Procedural Reservations
42
1
Date of Ratification
42
1
Making Decisions
42
1
Interim Measures
43
1
Admissibility of Communications
43
4
Determination of the Merits
47
1
Issuance of Views
48
1
Follow-up to Views
48
1
Summary of Matters That Should Be Included in the Communication/Complaint
49
1
Pitfalls to Avoid
49
2
The Covenant on Civil and Political Rights
51
24
Overview of the Human Rights Committee
51
1
Special Rapporteur on New Communications
51
1
Case Rapporteur
52
1
Working Group on Communications
52
1
Special Rapporteur on Follow-up
52
1
Individual Complaints Procedure of the Human Rights Committee
52
8
Registration of the Communication and Preliminary Procedures
52
1
Submission of the Communication
52
3
Registration of the Communication
55
1
Transmittal to the State Party
56
1
Interim Measures
56
1
Admissibility and Submissions from the Parties
57
1
Determination of the Merits and Follow-up
58
2
Examples of Human Rights Committee Cases
60
15
The Convention Against Torture
75
18
Overview of the Committee Against Torture (CAT)
75
1
Rapporteur on New Complaints and Interim Measures
75
1
Working Group on Complaints
75
1
Case Rapporteur
76
1
Rapporteur for Follow-up
76
1
Individual Complaints Procedure of CAT
76
8
Registration of the Complaint and Preliminary Procedures
76
1
Submission of the Complaint
76
4
Registration of the Complaint
80
1
Transmittal to the State Party
80
1
Interim Measures
80
1
Admissibility and Submissions from the Parties
81
1
Determination of the Merits and Follow-up
82
2
Examples of CAT Cases
84
9
The Convention on the Elimination of Racial Discrimination
93
14
Overview of the Committee on the Elimination of Racial Discrimination (CERD)
93
1
Individual Complaints Procedure of CERD
93
5
Registration of the Communication and Preliminary Procedures
93
2
Submission of the Communication
95
1
Registration of the Communication
96
1
Transmittal to the State Party
97
1
Interim Measures
97
1
Admissibility and Submissions from the Parties
97
1
Determination of the Merits
97
1
Examples of Cases Relating to CERD
98
9
The Convention on the Elimination of Discrimination Against Women
107
16
Overview of the Committee on the Elimination of Discrimination Against Women (CEDAW)
107
1
Working Group
107
1
Rapporteurs
108
1
Individual Complaints Procedure of CEDAW
108
4
Registration of the Communication and Preliminary Procedures
108
1
Submission of the Communication
108
2
Registration of the Communication
110
1
Transmittal to the State Party
111
1
Interim Measures
111
1
Admissibility and Submissions from the Parties
111
1
Follow-up
112
1
Examples of Potential Cases Relating to CEDAW
112
11
The Investigative Mechanisms
123
6
Introduction
123
1
Convention Against Torture
124
1
Introduction
124
1
The Preliminary Stages of Consideration
124
1
The Inquiry Procedure
125
1
Convention on the Elimination of All Forms of Discrimination Against Women
125
2
Introduction
125
1
The Preliminary Stages of Consideration
126
1
The Inquiry Procedure
126
1
Follow-Up
127
1
Conclusion
127
2
The State Reporting System
129
6
Introduction
129
1
How Does the State Reporting System Work?
129
2
Submission of Initial and Periodic Reports by States Parties
129
1
Lists of Issues
129
1
Formal Consideration of the State Party's Report
130
1
Concluding Observations or Comments
130
1
How Can Complainants Make Use of the State Reporting System?
131
4
A Source of Information about the Committee's Approach to Convention Obligations
131
1
Method of Bringing Attention to an Individual Complaint
132
1
Follow-up from Successful Individual Communications
133
2
Choosing a Forum
135
14
Introduction
135
1
Is There a Choice of Forum?
135
1
Ratification
135
1
Treaty Rights
136
1
Reservations
136
1
Choosing the Best Forum
136
13
Admissibility Considerations
136
1
Expertise of the Treaty Bodies
137
1
Substantive Provisions of the Treaties
138
1
The Case Law of the Treaty Bodies
139
1
The General Comments or Recommendations of the Treaty Bodies
139
1
Time Taken to Decide Cases
140
1
Interim Measures/Urgent Action
140
1
Remedies
140
1
Compliance with the Committee's Views
141
1
Overlap with Non-treaty Mechanisms
141
5
Regional Mechanisms Versus the Treaty Bodies
146
3
Follow-up
149
198
The Human Rights Committee
149
1
Committee Against Torture
150
1
Committee on the Elimination of Racial Discrimination
150
1
Committee on the Elimination of Discrimination Against Women
150
1
Conclusion
151
2
ANNEXES
Complaint Forms
153
10
Contact Information of the Human Rights Committee, CAT, CERD, CEDAW
163
2
Checklist for Submitting Complaints
165
4
List of states parties to the Optional Protocol to ICCPR and how to update
169
4
List of states parties accepting Article 22 CAT and how to update
173
2
List of states parties accepting Article 14 CERD and how to update
175
2
List of states parties to the Optional Protocol to CEDAW and how to update
177
4
How to find a state party's reservations
181
2
Rules of Procedure of the Human Rights Committee Concerning Communications
183
8
Rules of Procedure of CAT Concerning Complaints
191
10
Rules of Procedure of CERD Concerning Communications
201
8
Rules of Procedure of CEDAW Concerning Communications
209
8
Chart of outcomes of Human Rights Committee Communications and how to update
217
4
Chart of outcomes of CAT complaints and how to update
221
2
Chart of outcomes of CERD communications and how to update
223
2
Thematic Index of the Principal UN Human Rights Treaties
225
48
Index of Cases of the Human Rights Committee by Article
273
34
Index of Cases of the Human Rights Committee by State Party
307
24
Index of Cases of CAT by Article
331
4
Index of Cases of CAT by State Party
335
6
Index of Cases of CERD by Article
341
4
Index of Cases of CERD by State Party
345
2
Index
347