Introduction

Anyone may bring a human rights problem to the attention of the United Nations and thousands of people around the world do so every year. This part of module 11 explains the procedures open to individuals who claim that they are a victim of a violation of rights contained in international human rights treaties.

It is through individual complaints that human rights are given concrete meaning. In the adjudication of individual cases, international norms that may otherwise seem general and abstract are put into practical effect. When applied to a person’s real-life situation, the standards contained in international human rights treaties find their most direct application.

The resulting body of decisions may guide States, non-governmental organizations (NGOs) and individuals in interpreting the contemporary meaning of the treaties concerned.

Complainants can now bring claims to the United Nations concerning violations of their rights contained in the nine so-called “core” human rights treaties. The nine treaties concern:

1. civil and political rights, set out in the International Covenant on Civil and Political Rights;
2. torture and cruel, inhuman or degrading treatment or punishment, defined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
3. racial discrimination, proscribed by the International Convention on the Elimination of All Forms of Racial Discrimination;
4. gender discrimination, defined in the Convention on the Elimination of All Forms of Discrimination against Women;
5. rights of persons with disabilities, set out in the Convention on the Rights of Persons with Disabilities;
6. protection of all persons from enforced disappearance, established by the International Convention for the Protection of All Persons from Enforced Disappearance;
7. rights of migrants workers and members of their families laid down by the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families;
8. economic, social and cultural rights, set out in the International Covenant on Economic, Social and Cultural Rights and;
9. rights of the child, contained in the Convention on the Rights of the Child and its Optional Protocols. The complaint mechanisms are designed to be accessible to the layperson. It is not necessary to be a lawyer or even familiar with legal and technical terms to bring a complaint under the treaties concerned.

The United Nations Convention on the Rights of Persons with Disabilities

Canada joined the United Nations (UN) Convention on the Rights of Persons with Disabilities in 2010. The Convention protects and promotes the rights and dignity of persons with disabilities without discrimination and on an equal basis with others.

In December 2018, Canada also joined the Optional Protocol to the Convention. The Optional Protocol allows individuals and organizations to make a complaint to the UN if they believe their rights under the Convention have been violated.

Against whom can a complaint under a treaty be brought?

A complaint under one of the nine treaties can be brought only against a State that satisfies two conditions:

First, it must be a party (through ratification or accession) to the treaty in question providing for the rights which have allegedly been violated.

Second, the State party must have recognized the competence of the Committee monitoring the relevant treaty to receive and consider complaints from individuals.

Who can bring a complaint?

Anyone can lodge a complaint with a Committee against a State that satisfies these two conditions (being a party to the treaty and having accepted the Committee’s competence to examine individual complaints), claiming that his or her rights under the relevant treaty have been violated.

It is not necessary to have a lawyer prepare the complaint, though legal advice may improve the quality of the submissions.

Be aware, however, that legal aid is not provided under the procedures.

One may also bring a claim on behalf of another person on condition that his/her written consent is obtained (without requirement as to its specific form).

In certain cases, one 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 these cases, the author of the complaint should state clearly why such consent cannot be provided.