PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW
C. International justice mechanisms
In addition to providing effective sanction, individual reparation and institutional and societal remedies
within their domestic legal frameworks, ensuring effective remedy requires States to enable those exposed to
discrimination to complain directly to the treaty bodies.
PART TWO – III
Indeed, in numerous cases, survivors have only secured recognition and remedy for the discrimination
that they have experienced when they have turned to the international level, following the exhaustion of
domestic remedies. In addition to providing remedy for particular cases, the findings of the treaty bodies
in the consideration of individual complaints have played a key role in advancing reform on equality at the
national level and in developing understanding of the scope and substance of the right to non-discrimination
at the international level.
Thus, in order to ensure the availability of a comprehensive set of remedies – and thus to meet their international
obligations – States should take the necessary steps to ensure that individuals can submit complaints to the
treaty bodies. This requires States to either ratify an optional protocol or make a specific declaration under
the relevant instrument. If such steps have not already been taken, they should be taken at the same time as
the adoption of comprehensive anti-discrimination laws. Indeed, in order to ensure effective access to justice,
States should ensure that anti-discrimination legislation identifies submitting a complaint to the treaty bodies
as a specific means of securing remedy and sets out the necessary steps to access such bodies.
1. Individual complaints mechanisms
It is beyond the scope of the present guide to describe the full range of international justice mechanisms
available for the consideration of human rights violations; instead, this section briefly summarizes the system
of individual complaints before those bodies that engage most frequently with the rights to non-discrimination
and equality.
The Human Rights Committee has the power to consider individual communications alleging violations of
the rights provided in the International Covenant on Civil and Political Rights by States that are party to the
first Optional Protocol to the Covenant. The Committee can consider complaints including discrimination in
respect of any of the civil and political rights guaranteed in the Covenant (under article 2) or discrimination
in any area of life regulated by law, as set out under article 26.
The Committee on Economic, Social and Cultural Rights may consider individual communications relating
to States parties to the Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights. It can consider complaints alleging discrimination in respect of any of the economic, social and cultural
rights guaranteed by the Covenant, including in the fields of education, employment, health and health care
– including sexual and reproductive health and rights – housing and shelter, access to water and sanitation,
access to food and clothing, and social security and social assistance.
In addition to these mechanisms, complaints mechanisms are established under treaties dedicated specifically
to addressing discrimination or protecting the rights of particular groups. The Committee on the Elimination
of Racial Discrimination may consider individual petitions alleging violations by States parties that have
made a declaration under article 14 of the relevant Convention. The Committee on the Elimination of
Discrimination against Women may consider individual communications alleging violations of the relevant
Convention by States parties to the Optional Protocol to the Convention. Similarly, the Committee on the
Rights of Persons with Disabilities may consider individual communications alleging violations of the relevant
Convention by States parties to the Optional Protocol thereto. If a State has ratified the Optional Protocol
to the Convention on the Rights of the Child on a communications procedure, the Committee on the Rights
of the Child may consider communications alleging violations of the Convention or its Optional Protocols.
Other complaints procedures exist concerning torture, the rights of migrant workers, and in the context of
enforced disappearances, but these fall beyond the scope of the present guide.
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