Human Rights mechanisms and competence of treaty bodies

Treaty bodies Human Rights Committee Committee on economic, social and cultural rights Committee on elemination of racial discrimination Committee on the elimination of discrimination against women Committee against torture Comittee on the rights of the child Committee on the rights of persons with disabilities Committee on migrant workers Committee on enforced disappearances
Instruments monitored by the Committees International Covenant on Civil and Political Rights (16/12/66 (ICCPR))

Optional Protocol aiming at the abolition of the death penalty (15/12/89)

International Covenant on Economic, Social and Cultural Rights (16/12/66 (ICESCR)

Optional Protocol to the ICESCR (10/12/2008)

International Convention on the Elimination of All Forms of Racial Discrimination (21/12/65 (ICERD)) Convention on the Elimination of All Forms of Discrimination against Women (18/12/79 (CEDAW)) CEDAW Optional Protocol (6/10/1999) Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (10/12/84 (CAT)) Convention on the Rights of the Child (20/11/89 (CRC))

Optional Protocol on the involvement of children in armed conflicts (25/05/00)

Optional Protocol on the sale of children, child prostitution and child pornography (25/05/00)

Convention on the Rights of Persons with Disabilities (13/12/06 (CRPD))

Optional Protocol on the Rights of Persons with Disabilities (12/12/06)

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (18/12/90 (ICRMW)) International Convention for the Protection of All Persons from Enforced Disappearances (20/12/06)
Inter-State Communications Art. 41-43 ICCPR

Possibility of appointing an ad hoc Conciliation Commission

This procedure only applies to States that recognise this competence of the ICCPR Committee

Article 10 OP-ICESCR

This procedure only applies to States that recognise this competence of the CESCR Committee

Art. 11-13 CERD

Possibility of appointing an ad hoc Conciliation Commission

This procedure applies to all CERD State parties

Art. 21 CAT This procedure only applies to States that recognise this competence of the CAT Committee Art. 76 CMW

This procedure only applies to States that recognise this competence of the CMW Committee

Individual complaints Yes

The State concerned must have ratified the 1st Optional ICCPR Protocol

Yes

The State concerned must have ratified the CESCR Optional Protocol to the ICESCR

Yes

The State concerned must have made the Declaration specified in CERD Article 14

Yes

The State concerned must have ratified the CEDAW Optional Protocol

Yes

The State concerned must have made the Declaration specified in CAT Article 22

No✶

This Committee cannot consider complaints from individuals

Yes

The State concerned must have ratified the CRPD Optional Protocol

Yes
on entry into force)
For this Committee to be able to consider individual complaints, 10 State parties must have accepted the procedure (CMW Article 77
Yes

For this Committee to be able to consider individual complaints, 10 State parties must have accepted the procedure (Article 31)

Urgent interim measures in connection with individual complaints Article 92

Rules of Procedure of ICCPR

Art. 5

CESCR Protocol

Article 94

Rules of Procedure of CERD Committee

Article 63

Rules of Procedure of CEDAW Committee

Article 108

Rules of Procedure of CAT Committee

Inquiries and visits No Art. 11 OP-ICESCR Art. 8-10

CEDAW Optional Protocol. The States parties to the CEDAW Protocol can refuse this competence of the Committee by making a declaration under Article 10 of the Protocol

Art. 20 CAT

The States parties can refuse this competence of the Committee by making a declaration under Article 28 of CAT

Art. 6(2)

✶ The Convention on the Rights of the Child does not allow the Committee of experts set up to monitor its implementation to receive individual complaints. Complaints by individuals concerning alleged violations of the rights of the child must therefore be brought before other Committees.