Several delegations emphasized that the State party would
identity of the author in order to reply to the complaint
remedial action. Other delegations noted that if the aim
the protection of the author, this could be achieved with
contained in element 10, or with some other measure. The
facts and findings upon conclusion was stressed.
need to know the
and to initiate
of the provision was
the provision
need to publicize the
42. Some delegations spoke in favour of confidentiality along the lines of
existing Charter-based procedures, such as the 1503 procedure, or the
communications procedure of the Commission on the Status of Women. Others
argued that in the light of the purpose of the protocol, the principles and
practice of other human rights treaty bodies, such as the Human Rights
Committee, should be used as models.
Element 9
43. With regard to the admissibility criteria proposed in element 9, it was
noted that, while the list proposed in the element is reflective of the present
stage in other comparable procedures, the preparation of a new protocol offered
an opportunity for progressive development and the reflection of current
practice.
44.
Element 9 (b):
Support was expressed for this formulation.
45. Element 9 (c): While clarification was sought on the conceptual
distinction between "alleged violation" and "alleged failure to give effect", it
was also noted that the formulation simply reflected a comprehensive view of the
provisions of the Convention. Some delegations identified a link between these
criteria and the question of standing in element 7, as well as the question
whether all the provisions of the Convention would be covered by the protocol.
46. Several delegations foresaw a potentially enormous number of communications
under the second standard, and proposed the following formulation: "alleged
failure to provide effective remedies to situations caused by violations of
rights under the Convention".
47. Element 9 (d): Several delegations noted that such a criterion was absent
from other comparable procedures. They found it to be counter to existing norms
and agreed that an optional protocol should apply to acts that had occurred
after the entry into force of the optional protocol in the State party. Support
was expressed for an approach whereby the admissibility criterion would be the
entry into force of the Convention, not of the optional protocol, in the State
party.
48. Element 9 (f): With regard to the element on the exhaustion of domestic
remedies, preference was expressed its for the formulation contained in the
first Optional Protocol to the International Covenant on Civil and Political
Rights. Others stated their preference for language as contained in the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment or the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families, which stated that the
requirement of the exhaustion of domestic remedies should not be the rule where
domestic remedies were unreasonably prolonged, or unlikely to bring effective
relief. The language contained in the latter would also be in accordance with
the practice of the Human Rights Committee, which interpreted its own provision
to include the absence of effective domestic remedies, their lack of
effectiveness, or denial of a remedy. It was suggested that more general
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