What happens after the UN Committee makes a decision on the case?

Заголовок: What happens after the UN Committee makes a decision on the case? Сведения: 2024-05-09 05:34:55

From the very beginning, it should be noted that the decisions of the Committees are not subject to appeal and that their decisions are usually final. The fate of the case in the future depends on the nature of the decision made.

If the Committee decides that the facts before it reveal a violation by the State party of the applicant's rights under the treaty, it invites the State party to provide information on the measures it has taken with regard to its conclusions and recommendations. If the committee decides that there is no violation of the contract or that the complaint is inadmissible, the case is terminated.

The decisions of the Committees represent an authoritative interpretation of the relevant treaties. They contain recommendations to the State party concerned, but they are not legally binding on it. All Committees have developed procedures to monitor whether States parties have implemented their recommendations (so-called follow-up procedures), as they believe that by adopting complaint procedures, States parties have also agreed to respect the conclusions of the Committees.

If a committee concludes that there has been a violation of the treaty, the State is invited to provide information within 180 days on the measures it has taken to implement the recommendations. The State's response is then forwarded to the applicant for comment. If the State party does not take appropriate measures, the Committee continues to consider the case under the follow-up procedure. This means continuing the dialogue with the State party, and the case remains open until satisfactory measures are taken. Information regarding follow-up to the views and recommendations of the Committees is not confidential, and the meetings at which this information is discussed are open.



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