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International Law & Human Rights

6. The United Nations

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 05 Aug 2015
    6. The United Nations
  • The United Nations Human Rights Council (UNHRC) accepts complaints from individuals about their country's breaches of human rights.
  • These complaints are known as Communications.
  • A Communication usually takes around 4 years to consider and the Council’s decision is not binding.
  • The Council can declare that the country is in breach of its human rights obligations but they cannot enforce any of their recommendations.
  • The Council’s recommendations about breaches (including to Australia) have in the past been ignored and even rejected.
  • The Council’s main effectiveness is in placing pressure on countries to stick to the legal obligations contained in the treaties that they have signed.
  • The rights which people in Australia can make individual complaints about are those included in:
    • International Covenant on Civil and Political Rights (ICCPR);
    • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT);
    • Convention on the Elimination of All Forms of Racial Discrimination (CERD);
    • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW); and
    • Convention on the Rights of Persons with Disabilities (CRPD).
  • Communications must be made in writing and must not be anonymous.
  • Some treaties such as CAT and CEDAW have their own Committees which accept individual complaints and the Communications should be sent to them rather than the Human Rights Council.
  • Each treaty will indicate which Committee you can direct Communications to and whether or not Australia has authorised this.
  • The relevant Committee will determine:
    • whether the Communication is admissible based on whether you have exhausted all the domestic options; and
    • whether your Complaint is successful on its merits (legal arguments).

 

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