Type of Mechanism

Complaint-Recourse Procedure Under the First Optional Protocol to the International Covenant on Civil and Political Rights (CCPR)

Scope of the Procedure

The rights enumerated in the CCPR, specifically the prohibition on sex-based discrimination

Who Can Submit a Complaint

Individuals of states which have ratified both the CCPR and the Optional Protocol to the Covenant

Role of Advocates

Only individuals can submit complaints under the Optional Protocol, however, advocates can play a role in the process, from providing advice to the individual complainant to submitting communications to the Committee about the case, and monitoring State compliance with the Committee's decision.

Available Remedies

The Committee adopts a "view" or decision on the case, which can be a finding that a State has violated the CCPR.

The views of the Committee are made public and can include recommendations to the national government to take specific actions to protect an individual or provide redress.  Then, the Committee monitors State compliance with its decision to determine if the State has provided an appropriate remedy.

The Committee may address an urgent request to a State, asking for interim protection for the victim while the case is being decided.

How to Submit a Complaint

Individuals who claim to be victims of human rights violations by a State party can submit communications. 

The Committee has created a Model Complaint Form for communications under the Optional Protocol to the CCPR.

In addition, the Protocol sets for a number of admissibility criteria, which must be met for the complaint to be considered:

The complaint must be in writing.

The communication may not be anonymous. 

The complaint must concern a State party to the Protocol.

The complaint should contain information about the exhaustion of domestic remedies.

The complaint cannot have been previously examined by the Committee or be the subject of any other international investigation.

The subject of the complaint must indicate a violation of the provisions of the International Covenant on Civil and Political Rights. 

Where to Send Communications

The Human Rights Committee
c/o Office of the High Commissioner for
Human Rights
United Nations Office at Geneva
1211 Genève 10
Switzerland

Tel: + 41 22 917 9000

Fax: + 41 22 917 9003

How the Complaint Procedure Works

The review of individual complaints proceeds in three stages:

(1) Pre-admissibility- the communications are screened to determine whether they raise issues under the CCPR.  Once the complaint has been declared preliminarily admissible, the compliant is forwarded to the State which has 2 months to respond.  The author of the complaint is then allowed to submit additional comments.

(2) Admissibility/ Inadmissibility- a working group of the Committee meets before the session to declare the case admissible or inadmissible, based on issues of exhaustion of domestic remedies, whether the claim is already under review and whether the claim is substantiated.

(3) Consideration of the case- if the case is deemed admissible, the State has 6 months to explain the allegations and present information about whether the violation has been remedied.  The complainant has 6 weeks to present a reply to the State's communication.  After reviewing all communications, the Committee makes a decision (referred to as "views").  Consideration of communications is confidential and carried out in closed sessions, but the Committee decision is sent to the State, the complainant and made public.

Because the process from the submission of a complaint to the examination of the merits can take over two years, before making a decision on the merits of the case, the Committee may request that a State adopt immediate measures to protect a victim temporarily. 

Advantages/ Disadvantages

Individuals have a formal role in the complaint/ communications process.  The Committee decisions are made public, which may be important for advocacy, but may not be in the victim's best interests.