International Human Rights: Individual Communication Mechanism under ICCPR

INTERNATIONAL
HUMAN RIGHTS

Table of content
Table of content...............................................................................................................................2
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
CONCLUSION................................................................................................................................8
REFERENCES................................................................................................................................9

INTRODUCTION
Universal declaration on human rights adopted in 19481, together with the international
covenant on civil and political rights adopted in 1966 created history for the very first time with
a purpose to maintain cooperation and harmony and to avoid differences between the
international recognised states so that international disputes can be avoided. Basically, the bill on
human rights has an elevated status and it governs mainly international obligations, cooperation
on human perspective. The aim is to laid down human rights law on, social, political, economic.
These human rights conferred obligations upon the states member which are bound to respect
and promote2. The ICCPR is a chief body of international human rights treaty, providing a vast
protection for civil and political rights and preserve basic human rights. Human rights are also
known as inherent right and available to person by birth. The emergence of International law find
its place after second world war. These rights deals with the core protection of economic, social
and political rights of an individual. These treaties are binding on the member state to implement
and enforce the human rights to secure the rights of their citizens. The treaty directs the member
states governments to take measure on administrative relations, judicial establishment and law
making bodies in order to protect the rights put together in the treaty and encourage to promote
with effective remedy. The monitoring bodies has been established in this regards are periodic
reporting and individual communication reporting mechanism for implementation and
monitoring of policies governed by human rights treaties
TASK
Individual communication mechanism under the International Covenant on Civil and Political
Rights (1966)
Monitoring bodies for the implementation of international human rights are notified
within the treaties3. A distinct body for monitoring treaties has been established whose prime
1 Universal declaration on human rights adopted in 1948
2 Yildiz, Ali, "Turkey's Recent Emergency Rule (2016-2018) And Its Legality Under
The European Convention On Human Rights And The International Covenant On Civil
And Political Rights" [2019] SSRN Electronic Journal
3 Nickel, James W., "International Human Rights; International Human Rights Law:
Cases, Materials, Commentary" (2016) 34(1) Nordic Journal of Human Rights.

object is to process the report periodically in relation to the implementation of treaties in the
jurisdiction of member states. States are required to report actively stating the progress in
achieving the human rights obligations and the commitments thereof. The communication
system between national governments and monitoring bodies is rapid which result in fair and fast
assessment of reports, this process contributes long term intra change in legal and policy
frameworks to generate an accessible environment for the safeguard of human rights.
The monitoring bodies comprises of 18 members, among them one person must be of high moral
character and is an expert in field of human rights and other members having a legal experience.
All members shall be nationals of state parties to be nominated by their governments and elected
by the states parties to the covenant all such members serve in their personal capacity acting
independent and without bias.
According to Article 40 (1) the parties to the state undertakes to submit reports on the
measures they have adopted and the progress as to experience of the rights so adopted whether
enjoyed by the people. The states are directed and under an obligation to send their initial reports
within a time specified whenever the monitoring committee so request.
Where state parties do not comply with the direction or attempts to delay with their reporting
obligation will subject to the implementation of the covenant in the absence of state report4.
Reports should have prepared in light of specific matters which are in direct relation with the
implementation of the covenant, the authenticity of report as fast as possible be accurate and fair
and duplication of information be avoided. states parties before preparing report must consider
the articles and guidelines of the covenant and the report must be well structured5.
The information should contain achievement or progress (if any) in respect of covenant together
with the involvement of the general public and observation made thereof.
Where a factor exists relating to the implementation to the covenant or a dispute thereof and the
approaches taken in order to eradicate such difficulties including their nature be notified in the
4 Szwed, Marcin, "The Polish Model Of Civil Post-Conviction Preventive Detention In
The Light Of The European Convention On Human Rights" (2021) 25(10) The
International Journal of Human Rights.
5 Tomaselli, Alexandra, "Political Participation, The International Labour Organization,
And Indigenous Peoples: Convention 169 ‘Participatory’ Rights" (2019) 24(2-3) The
International Journal of Human Rights