that a concise formulation referring to violation of rights or provisions of the
Convention would be understood as including acts and the failure to act and was
thus sufficient.
8.
One delegation expressed the view that article 2 should include, as did the
first Optional Protocol to the International Covenant on Civil and Political
Rights, reference to the requirement of exhaustion of available domestic
remedies which would also be addressed in article 4.
Article 3
9.
Delegations recalled that article 3 of the draft optional protocol had been
agreed by the working group ad referendum. Noting that article 1 of the first
draft protocol had explicitly precluded reception of communications relating to
States parties to the Convention that were not States parties to the protocol,
delegations agreed to the addition of this formula in article 3 ad referendum.
Article 4
10. Delegations agreed that admissibility criteria would be reflected in two
separate subparagraphs of article 4, that is to say, article 4 (1) would deal
with the exhaustion of domestic remedies, and article 4 (2) would reflect the
remaining criteria.
11. Delegations agreed to a negative formulation according to which the
Committee would not consider a communication unless it had dealt with the
question of exhaustion of domestic remedies, thereby making the subparagraph
more succinct. Some delegations doubted whether current language on this matter
as contained for example in the Convention against Torture was appropriate
within the scope of the present protocol, and were in favour of a requirement
that the author of a communication demonstrate the exhaustion of domestic
remedies. Others noted that the exhaustion of domestic remedies was a standard
provision in other human rights instruments, and its application should be
determined within generally recognized principles of international law.
12. While delegations discussed various possibilities for reflecting
inadmissibility because of an abuse of the right, several suggested that this
element would be further specified by the addition of the criterion of
vexatiousness. It was agreed to combine lack of substantiation and manifest
ill-foundedness. However, both sets of criteria, as contained in article
4 (2) (iii) and (iv), remain in brackets, with the word "vexatious" also
appearing in brackets. Delegations agreed to include admissibility criteria
covering prior occurrence and prior, or simultaneous, consideration by another
procedure of international settlement.
13. Some delegations, while emphasizing that the principles of objectivity and
impartiality which they noted were important principles of international law,
needed to be maintained in the consideration of communications by the Committee,
suggested that, instead of those principles’ being included as an admissibility
criterion, they could be moved to another place within the protocol, for
example, to a new article 7 (1). Other delegations noted that, while
appreciating the removal of this aspect from article 4, they could not agree to
its inclusion in article 7.
-88-
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières