principal document previ (pdf, 26 pgs)
sobre el tema central d´aquest Consell General,
el rellançament eficaç de les institucions jurídiques internacionals.
Dear ..............,
As announced, we are pleased to share with you a synthesis of the information concerning the objectives set by the May General Council of the Radical Party – the entire document will be posted on the website shortly. What follows s not meant to enable you to prepare and file your own case. Like in every field, competent legal advice is paramount no to jeopardize your case and ensure you have a chance to obtain redress. It is only meant to illustrate the breadth and scope of the many bodies and procedures available and to underline how little most of the are know and used.
Quanto segue non è pensato per mettervi in condizione di preparare e presentare da soli il vostro caso davanti a una delle giurisdizioni che troverai presentate.
We are sure you are ware of the Human Rights violations that are contained in the major international instruments ratified by your country and of other situations elsewhere. From the inventory below you can see what courts and procedures you country has accepted the jurisdiction and would then be in a position to identify who are the victims and assist us in lodging complaints.
In the 1990s the Radical Party played a crucial role in the evolution of international law and in the creation of the ad hoc Tribunal for the former Yugoslavia and Rwanda, the establishment of an International Criminal Court and eventually the proclamation of a Universal Moratorium of capital executions; Today, the Nonviolent Radical Party has decided to pursue the activation of human rights-related jurisdictions to recuperate a minimum of international legality and also to raise the question of the democratisation of the so-called international community.
...
Sincerely,
Marco Pannella, President of the senat of the Nonviolent Radical Party
Cesare P.R. Romano, Professor of Law, Loyola Law School, Los Angeles
A SHORT GUIDE TO REMEDIES FOR VIOLATIONS OF HUMAN RIGHTS
Never before in human history there have been so many opportunities to bring violations of human rights to the attention of intrnational courts and commissions to obtain censure of abusive governments and, in some cases, concrete mandatory remedies.
However, it is often difficult to navigate this wide and fast growing array of bodies and procedures. Some are available only for certain rights, others only for certain states. Procedural requirements vary from body to body. Finally, and crucially, very often, once filed a case before a given body or procedure, one cannot file it again before another body or procedure, neither simultaneously or subsequently. Choosing the right procedure and body is, therefore, paramount not to jeopardize chances of prevailing. But the array of possibilities is bewildering. It includes:
A) Bodies and procedures with Universal Scope
I) United Nations’ bodies and procedures
1. Human Rights Committee for violations of the International Covenant Civil and Political Rights (ICCPR)
2. Committee against Torture (CAT)
3. Committee on the Elimination of Racial Discrimination (CERD)
4. Committee on the Elimination of Discrimination against Women (CEDAW)
5. Committee on the Rights of Persons with Disabilities (CPD)
II) Other procedures at global level that are not open to individuals but that have compliance control mechanisms that can be activted
1. UN Human Rights Council 1503 Procedure
2. UN Human Rights Council 1253 Procedure
3. Committee on the Status of Women
4. Committee of the International Covenant of Economic, Social and Cultural Rights (ICESCR)
5. Committee of the Convention on the Rights of Children (CRC)
6. Complaints Procedure of the United Nations Economic, Social and Cultural Organization (UNESCO)
7. International Labour Organization (ILO) complaints procedures
8. ILO Committee on Freedom of Association
B) Regional Courts and Procedures
I) Europe
1.European Court of Human Rights (ECHR)
2.European Social Charter Committee
3.Committee of the European Convention against Torture and other Inhuman and Degrading Treatments (Eur CAT)
II) Americas
1. Inter‐American Commission on Human Rights
2. Inter‐American Court of Human Rights
III) Africa
1. African Commission on Human Rights
2. African Court of Human and Peoples’ Rights
3. Economic Community of Western African States Court of Justice
4. East‐African Court of Justice
5. Southern Africa Development Community Tribunal
C) International Banks’ Human Rights Procedures
1. World Bank Inspection Panel
2. Asian Development Bank Inspection Panel
3. Inter‐American Bank Inspection Panel
Finally sometimes victims of human rights violations can resort to national courts of countries other than theirs (for instance, and in certain cases, the United States, Belgium, Argentina and many others) to obtain redress.
The following is a compilation of information about human rights courts and procedures that might be used to address human right problems in your countries.
a) States against which individuals can file human rights complaints for violation of major human rights treaties;
b) How often and for which countries the major UN human rights procedures are used;
c) Compilation of essential information about the major human rights procedures. Keep in mind this compilation is still a work‐in‐progress;
d) A check‐list to help selecting the best body or procedure;
e) A model communication to file complaints with human rights bodies.
28-VI-10