International

International human rights complaints procedures

These are the procedures under which an individual or group of individuals can complain about a human rights violation and seek justice on the international stage.

They are terrific at shedding light on an issue and ‘name and shame’ a State for abusing human rights in front of the whole world. But they are limited too. It can be hard work getting access to them (you usually need to exhaust all domestic remedies first, which means going through the national courts, complaining to the police or ombudsperson etc) and it can take a long time to get there. (See our page on national complaints.) Also, the decisions of international bodies are often not binding in many national jurisdictions, meaning you will need to undertake additional action to get your rights enforced nationally. Even so, the threat of an international complaint can sometimes be enough to propel a State into action.

Below is short summary of the UN human rights complaints mechanisms. They come under three main headings - individual communications, inter-State complaints and inquiries.

Most of the international complaints mechanisms come under treaty bodies. However, there are procedures for complaints which fall outside of the treaty body system - through the Special Procedures of the Human Rights Council (experts who investigate human rights issues or the situation in countries).

Since 2014, there is a similar mechanism for the Convention on the Rights of the Child (CRC), where complaints can be heard by the Committee on the Rights of the Child. For more information, see our news story for background, and our toolkit on how to use the CRC complaints procedure, including a comparative table with other treaty bodies.

You can find out more about these bodies and how they, and the UN more generally, work in our guide to the UN and the international human rights system. For information on regional and national complaints options, see our complaints page.

Confused about legal terms? Use our legal jargon buster.

Individual Communications

There are nine core international human rights treaties. Each of these treaties has established a “treaty body” (Committee) of experts to monitor implementation of the treaty provisions by its States parties.

Currently, eight of the human rights treaty bodies (all except the Committee on Migrant Workers) may, under certain conditions, receive and consider individual complaints or communications from individuals.

The Committee on the Rights of the Child may consider individual communications alleging violations of the rights guaranteed by the Convention on the Rights of the Child by States parties to the Third Optional Protocol to the Convention on the Rights of the Child on a communications procedure.

The Human Rights Committee (CCPR) may consider individual communications alleging violations of the rights set forth in the International Covenant on Civil and Political Rights by States parties to the First Optional Protocol to the International Covenant on Civil and Political Rights (the treaty establishing the complaints mechanism).

The Committee on Elimination of Discrimination against Women (CEDAW) may consider individual communications alleging violations of the Convention on the Elimination of All Forms of Discrimination against Women by States parties to the Optional Protocol to the Convention on the Elimination of Discrimination against Women (the treaty establishing the complaints mechanism).

The Committee against Torture (CAT) may consider individual complaints alleging violations of the rights set out in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by States parties who have made the necessary declaration under article 22 of the Convention.

The Committee on the Elimination of Racial Discrimination (CERD) may consider individual petitions alleging violations of the International Convention on the Elimination of All Forms of Racial Discrimination by States parties who have made the necessary declaration under article 14 of the Convention.

The Committee on the Rights of Persons with Disabilities (CRPD) may consider individual communications alleging violations of the Convention on the Rights of Persons with Disabilities by States parties to the Optional Protocol to the Convention.

The Committee on Enforced Disappearances (CED) may consider individual communications alleging violations of the International Convention for the Protection of All Persons from Enforced Disappearance by States parties who have made the necessary declaration under article 31 of the Convention.

The Committee on Economic, Social and Cultural Rights (CESCR) may consider individual communications alleging violations of the International Covenant on Economic, Social and Cultural Rights by States parties to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights.

Who can complain?

Legally, this is sometimes called ‘standing’. There are specific rules around who has standing, but it usually involves being a victim. You can find a table with all the rules for each treaty in our toolkit on the CRC complaints mechanism. To help with this, CRIN is also working on a research project to find out about “access to justice for children” in every country in the world.

Once you’ve established whether you’ve got standing, you then need to figure out if you can actually complain against the State. The criteria are:

  • That the State is party to the treaty in question (through ratification or accession) providing for the rights which have allegedly been violated; and

  • That it accepted the Committee’s competence to examine individual complaints, either through ratification or accession to an Optional Protocol or making a declaration under a specific article. See above for which applies to which treaty body.

Complaints may also be brought by third parties on behalf of individuals, provided they have given their written consent (without requirement as to its specific form). In certain cases, a third party may bring a case without such consent, for example, where a person is in prison without access to the outside world or is a victim of an enforced disappearance. In such cases, the author of the complaint should state clearly why such consent cannot be provided.

The Office of the High Commission for Human Rights has more information on individual communication on its website.

Inter-State Complaints

This is where one State party to a human rights treaty can complain to the treaty body about alleged violations of the treaty by another State party who has accepted the ability of the relevant Committee to hear such complaints. The following treaty bodies currently have these procedures.

  • Committee on the Rights of the Child, under article 12 of the Optional protocol to the Convention.

  • Committee Against Torture, under article 21 of the Convention.

  • Committee on Enforced Disappearances, under article 32 of the Convention.

  • Committee on Economic, Social and Cultural Rights, under article 10 of the Optional Protocol to the Covenant.

  • Committee on the Elimination of Racial Discrimination can set up an ad hoc Conciliation Commission to resolve disputes between State parties. This applies to all State parties to the Convention, under articles 11-13 of the Convention.

  • Human Rights Committee can also set up an ad hoc Conciliation Commission to resolve disputes between State parties, under articles 41-43 of the International Covenant on Civil and Political Rights, but only with regard to State parties who have made a declaration accepting the Committee’s competence.

It’s important to note, however, that these procedures have not been used to date.  

Resolution of inter-State disputes concerning interpretation or application of a Convention

This can be used where two State parties disagree on the interpretation or application of a Convention. The following mechanisms allow for the treaty bodies to try to resolve the dispute by negotiation or, failing that, arbitration.

  • Committee on the Elimination of Racial Discrimination, under article 22 of the Convention.

  • Committee on the Elimination of Discrimination Against Women, under article 29 of the Convention.

  • Committee Against Torture, under article 30 of the Convention.

  • Committee on Enforced Disappearances, under article 43 of the Convention.

One of the States involved may refer the dispute to the International Court of Justice if the parties fail to agree arbitration terms within six months. States parties may exclude themselves from this procedure by making a declaration at the time of ratification or accession, in which case, in accordance with the principle of reciprocity, they are barred from bringing cases against other States parties.

Inquiries

Some treaty bodies can initiate an inquiry, on reliable information, into alleged serious, grave or systematic human rights abuses. These don’t require a specific victim and take a less judicial model.

The below treaty bodies have the power to initiate such inquiries:

  • The Committee on the Rights of the Childe, under article 13 of the Optional Protocol.

  • The Committee Against Torture, under article 20 of the Convention.

  • The Committee on the Elimination of Discrimination against Women, under article 8 of the Optional Protocol.

  • The Committee on the Rights of Persons with Disabilities, under article 6 of the Optional Protocol.

  • The Committee on Enforced Disappearances, under article 33 of the Convention.

Which States may be subject to inquiries?

Inquiries may only be undertaken with respect to States parties who have recognised the competence of the relevant Committee in this regard. States parties may opt out, at the time of signature, ratification or accession by making a declaration that they do not recognise the competence of the Committee in question to undertake inquiries.

Inquiry procedure

  1. The procedure may be initiated if the Committee receives reliable information indicating that the rights contained in the Convention it monitors are being systematically violated by the State party.

  2. The Committee invites the State party to cooperate in the examination of the information by submitting observations.

  3. The Committee may, on the basis of the State party's observations and other relevant information available to it, decide to designate one or more of its members to conduct an inquiry and report urgently to the Committee. Where warranted and with the consent of the State party concerned, an inquiry may include a visit to its territory.

  4. The findings of the member(s) are then examined by the Committee and transmitted to the State party together with any comments and recommendations.

  5. The State party is requested to submit its own observations on the Committee's findings, comments and recommendations within a specific time frame (usually six months) and, where invited by the Committee, to inform it of the measures taken in response to the inquiry.

  6. The inquiry procedure is confidential and the cooperation of the State party shall be sought at all stages of the proceedings.

If you have information to send to a treaty body, it is best to get in touch with them directly. The Office of the High Commissioner for Human Rights has all the contact details on its website.