Summary
The Optional Protocol establishes an individual complaints mechanism for the ICCPR similar to those of the Optional Protocol to the Convention on the Rights of Persons with Disabilities and Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination. Parties agree to recognise the competence of the UN Human Rights Committee to consider complaints from individuals or groups who claim their rights under the Covenant have been violated. Complainants must have exhausted all domestic remedies, and anonymous complaints are not permitted. The Committee must bring complaints to the attention of the relevant party, which must respond within six months. Following consideration, the Committee must forward its conclusions to the party and the complainant.
While not expressly provided for in the Protocol, the HRC regards the recognition of its competence to hear complaints as imposing an obligation not to hinder access to the Committee and to prevent any retaliation against complaintants. It regards its findings as authoritative determinations of obligations under the Covenant, and their adoption as being required in order to provide an "effective remedy" under Article 2 of the ICCPR.
The Optional Protocol required ten ratifications to come into force.
Read more about this topic: First Optional Protocol To The International Covenant On Civil And Political Rights
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