last updated 15 May 2007 Some UN bodies accept complaints (usually referred to as "communications") directly from private individuals or from NGOs on behalf of individuals. Depending on the body to which the complaint is submitted, advocates can chose between two types of complaints, each of which serves a different purpose:
(1) The individual communications procedure should be used when the victim is seeking redress for a specific human rights violation. The general purpose for submitting this type of complaint is to address individual grievances and advocate on behalf of the victim. The complaint procedure also serves to bring publicity to a specific case. Four treaty bodies, the Committee on the Elimination of Discrimination against Women, the Human Rights Committee, the Committee on the Elimination of Racial Discrimination, and the Committee against Torture, can receive individual communications regarding states that have ratified the appropriate optional protocols under CEDAW or the ICCPR or made the necessary declarations under CAT and CERD. These UN bodies review the submission and can ask the state government concerned to take measures to protect the victim and to provide redress for the violation. Unlike judgments under regional systems, such as the European human rights system, however, the decisions reached by the UN in such circumstances are not binding on national governments. UN bodies do, however, continue to monitor State compliance.
(2) The complaint-information procedure functions in a way similar to the reporting mechanisms. The purpose for submitting this type of complaint is to inform the appropriate UN body, such as the Human Rights Council or the Commission on the Status of Women (CSW), about broad human rights violations that affect large segments of the population. For example, the CSW receives such communications about the status of women's rights. Advocates or victims cannot ask for a remedy when using this complaint mechanism, and the communication itself is only one piece of information that the UN body considers in making a report.
In order for a communication, a complaint, to be found admissible under a UN enforcement body, it is necessary to follow standard rules of procedure. Each monitoring body may have specific requirements for the form of communications, many of which can be accessed through the UN website on Communications and Complaints Procedures. In addition, there are some general guidelines that are common to all enforcement bodies that may provide useful information for submitting a complaint. | 