United Nations Human Rights Committee

The UN Human Rights Committee (English Human Rights Committee ) is one of seven UN treaty bodies, composed of 18 experts. The Committee is held three times a year during his meetings against periodic reports by Member States of the International Covenant on Civil and Political Rights ( ICCPR, ICCPR ) and evaluates them. With respect to States that have signed the Additional Protocol, the Committee is also authorized to negotiate individual complaints of citizens of each country, see the hurt in their civil or political rights.

The members of the Committee shall be appointed by the Member States, but they do not represent any of these states. The Human Rights Committee should not be confused with the more influential UN Human Rights Council (English Human Rights Council). The UN Human Rights Council, which replaced the former UN Commission on Human Rights in 2006, is a political body in which human rights concerns discussed. In contrast, the UN Human Rights Committee, a quasi - judicial body whose mandate is limited to the ICCPR. The Committee " punishes " violation of human rights in the Member States in the framework of the United Nations possibilities.

Response of the individual complaint procedure ( after the first Optional Protocol to the ICCPR )

  • Filing an appeal
  • Registration by Secretariat
  • Human Rights Committee examined the admissibility and merits of possibly
  • Injury → Follow -up procedures
  • Amicable agreement and withdrawal of the appeal possible

Legal effect of the appeals process

The decisions of the Human Rights Committee are quasi- judicial and make a decision on the merits; they do not have direct binding under international law, pacta sunt servanda, however, act by which States must comply with the pact. This creates an indirect liability of the opinion of the Human Rights Committee. In addition, the Human Rights Committee has a great moral authority as well as normative and institutional legitimacy. The Human Rights Committee has no hearing and investigation skills. Its decisions are final. The Respondent then has three months in which to remedy the breach and inform the Human Rights Committee.

Legal admissibility of a procedure

I. Jurisdiction

First time ( ratione temporis)       - After the entry into force of the Covenant and the Optional Protocol for the State       - Unless there is a lasting effect    Second objective ( ratione materiae )       - Claiming a complaint       - No reservation of the state to issue legal II accountability

1 locally       - Single person under the dominion power of a contracting state (on territory )       - Or a sovereign with extraterritorial effect    2 objectively       - State act or imputable to the State III. Party capability ( ratione personae )

- Only natural individuals    - Minorities if Article 27 injured only by a member of the Mindeheit    - From Article 1 is not an individual right to self determination can be derived IV Appealability

- Personal, present and immediate concern    - Exceptionally representative      - If not submitted themselves complaint in a position      - On the basis of mental disability      - Liability, Death, Gone      - Adequate personal connection      - Authorized by the victim    - Not anonymous    - No abuse ( limitation period of 5 years, res judicata ) V. legal exhaustion

- Possible even after other international body    - Possible reservation to article 5II FP if already ECHR ( no revision of the ECHR ) Merits of the method

I. Opening of the protection zone

- Identification and evaluation of the injured right II intervention

- Presentation of the facts III. judgment

References

  • Walter Kälin and Jörg Künzli: Universal human rights protection. 2nd edition. Nomos, Baden -Baden 2008, ISBN 978-3-8329-4036-2.
  • Manfred Nowak: Introduction to the international human rights system. New scientific publishing, Wien2002, ISBN 3-7083-0080-7.
  • Riedel: The international human rights protection. An Introduction. In: Federal Agency for Civic Education (Ed.): Human rights: documents and declarations. 4th edition. Federal Centre for Political Education, Bonn 2005, ISBN 3-89331-481-4, PDF. Pp. 11-40.
  • Bernhard Schäfer: The individual complaints under the Optional Protocol to the ICCPR: A handbook for practice. 2nd edition. German Institute for Human Rights, Berlin 2007, ISBN 978-3-937714-52-3, PDF.
  • Jan- Philippe Schlüter: The United Nations Human Rights Committee: A suitable instrument for the protection of human rights? VDM Verlag Dr. Müller, Saarbrücken 2007, ISBN 978-3-8364-4449-1.
  • Wolf of the Wense: The UN Human Rights Committee and its contribution to the universal protection of human rights. Springer: Berlin 1999, ISBN 3-540-66418-1.
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