Individual communications: Can they provide effective redress for human rights violations?

Abstract

The International Covenant on Civil and Political Rights (ICCPR), together with its Optional Protocol, enables individuals to allege a violation of their rights by submitting a ‘communication’ to a committee of independent experts nominated to monitor compliance with the ICCPR. This procedure may result in a finding that the State Party has violated the ICCPR, and consequent changes to law and policy which can benefit individuals and groups. However, the procedure has serious flaws, including long delays in making findings, and difficulties concerning enforcement.