A/HRC/17/36
Part II
Communications procedure
Article 5
Individual communications
1.
Communications may be submitted by or on behalf of an individual or group of
individuals, within the jurisdiction of a State party, claiming to be victims of a violation by
that State party of any of the rights set forth in any of the following instruments to which
that State is a party:
(a)
The Convention;
(b)
The Optional Protocol to the Convention on the sale of children, child
prostitution and child pornography;
(c)
The Optional Protocol to the Convention on the involvement of children in
armed conflict.
2.
Where a communication is submitted on behalf of an individual or group of
individuals, this shall be with their consent unless the author can justify acting on their
behalf without such consent.
Article 6
Interim measures
1.
At any time after the receipt of a communication and before a determination on the
merits has been reached, the Committee may transmit to the State party concerned for its
urgent consideration a request that the State party take such interim measures as may be
necessary in exceptional circumstances to avoid possible irreparable damage to the victim
or victims of the alleged violations.
2.
Where the Committee exercises its discretion under paragraph 1 of the present
article, this does not imply a determination on admissibility or on the merits of the
communication.
Article 7
Admissibility
The Committee shall consider a communication inadmissible when:
(a)
The communication is anonymous;
(b)
The communication is not in writing;
(c)
The communication constitutes an abuse of the right of submission of such
communications or is incompatible with the provisions of the Convention and/or the
Optional Protocols thereto;
(d)
The same matter has already been examined by the Committee or has been or
is being examined under another procedure of international investigation or settlement;
28
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents