United Nations: Optional Protocol to the International Covenant on Civil and Political Rights

1967 ◽  
Vol 61 (3) ◽  
pp. 887-890
2020 ◽  
Vol 59 (2) ◽  
pp. 302-332
Author(s):  
CJ Iorns Magallanes

On November 1 and 2, 2018, the Human Rights Committee of the United Nations (the Committee) adopted views pursuant to Article 5(4) of the Optional Protocol in the cases of Sanila-Aikio v. Finland and Klemetti Käkkäläjärvi et al. In respect of both communications, the Committee considered that the interpretation made by the Finland Supreme Administrative Court (the Court), of who was eligible to be a member of the Sami Parliament's electoral roll, violated Article 25 of the International Covenant on Civil and Political Rights (the Covenant), read alone and in conjunction with Article 27, and in light of Article 1.


1998 ◽  
Vol 92 (3) ◽  
pp. 563-568 ◽  
Author(s):  
Natalia Schiffrin

In October 1997, a little-noticed event took place at the United Nations that may roll back the international legal protection of human rights. Jamaica became the first country to denounce the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and thus withdrew the right of individual petition to the UN Human Rights Committee (Committee). Although it is provided for under the Protocol’s Article 12, no state has previously made such a denunciation.


2021 ◽  
pp. 1-20
Author(s):  
Patricia Vella De Fremeaux (Mallia) ◽  
Felicity G. Attard

On January 27, 2021, the United Nations Human Rights Committee (HRC or Committee) published two separate decisions in response to communications brought against Malta and Italy. Both decisions concerned the same incident, which occurred on October 11, 2013, where over 200 migrants drowned in a shipwreck in the Mediterranean. The first complaint brought against Malta was dismissed by the Committee on procedural grounds. In the second case, A.S., D.I., O.I. and G.D. v. Italy, the HRC found that Italy had failed to protect the right to life of the migrants under the International Covenant on Civil and Political Rights (ICCPR). This introductory note discusses the significance of the Committee's findings in this decision and its ramifications with respect to the protection of human rights at sea.


1976 ◽  
Vol 70 (4) ◽  
pp. 778-800 ◽  
Author(s):  
M. E. Tardu

The purpose of this article is to examine the main legal questions that arise from the co-existence of two sets of international procedures for handling individual petitions: the system established by the Optional Protocol to the UN Covenant on Civil and Political Rights, on the one hand, and two regional procedures within the framework of the Organization of American States, on the other.


2019 ◽  
Vol 19 (3) ◽  
pp. 517-536
Author(s):  
Christophe Deprez

Abstract This article seeks to provide a comparative and up-to-date overview of the applicable rules and relevant practice of the European Court of Human Rights and of the United Nations Human Rights Committee on forum duplication in international human rights litigation. While specific inadmissibility clauses have been included in both the European Convention on Human Rights and the Optional Protocol to the International Covenant on Civil and Political Rights with a view to preventing multiple human rights petitions in relation to the same matter, their respective scopes differ. Moreover, the applicable normative framework has led to important—and diverging—judicial developments in Strasbourg and in Geneva, which may be of great significance in human rights practice and therefore deserve to be thoroughly addressed.


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