1st Edition

The Human Rights Committee and the Right of Individual Communication
Law and Practice

ISBN 9780367145781
Published December 7, 2020 by Routledge
550 Pages

USD $56.95

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Book Description

This book was originally published in 1998. Protection of Human Rights both at a regional and at an international level is now a major pre-occupation of International Law. The International Covenant on Civil and Political Rights 1966 is probably the most important single universal human rights instrument of our time, which both sets standards and ensures compliance with them, through measures of implementation. More than 135 States have accepted the obligations imposed by this Covenant. This book provides a comprehensive analysis of the provisions of the Optional Protocol, which enshrines the right of individual communication and the jurisprudence developed thereunder by the Human Rights Committee, which is the supervisory body of this treaty regime. It analyses the effectiveness of the committee in protecting the rights of individuals under the Optional Protocol.

The book will be of particular interest to scholars engaged in the teaching of and research in the international protection of human rights. It will appeal to undergraduate and postgraduate law students. Practitioners in the international human rights field will also find it valuable. It should be of interest to international N.G.O.s and governmental officials engaged upon ensuring effective compliance with our international rights obligations.

Table of Contents

1. Introduction.  2. The Human Rights Committee.  3. The Operation of the Individual Communciation Procedure.  4. Inadmissibility ratione personae.  5. Inadmissibility ratione loci.  6. Inadmissibility ratione temporis.  7. Inadmissibility ratione materiae. 8. Non-substantiation and no claim under article 2 of the Optional Protocol.  9. Anonymity, abuse of the right of submission and no 'fourth instance'.  10. Inadmissibility under article 5(2)(a) of the Optional Protocol.  11. Inadmissibility under article 5(2)(b) of the Optional Protocol.  12. Fundamental Procedural Issues.  13. Final Views of the Committee.  14. Reservations.  15. Final Remarks.

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