Details of the procedure under the International Convention on the Elimination of All Forms of Racial Discrimination.

Заголовок: Details of the procedure under the International Convention on the Elimination of All Forms of Racial Discri Сведения: 2024-05-15 04:59:33

Complaints under this Convention may be filed not only by individuals or on behalf of individuals, but also by groups of individuals or on behalf of these groups. Complaints must be submitted within six months from the date of the final decision on the case by the national authority.

The fact that the same issue is being considered under another international procedure or that a decision has already been taken on it will not be considered an obstacle to the admissibility of the complaint.

After registration of the complaint, the State party has three months to submit submissions on the admissibility of the complaint or, in the absence of objections to this issue, on the merits of the case. If the State party challenges admissibility, the applicant has six weeks to submit comments on the State party's observations.

The Committee will then decide on the issue of admissibility. If the Committee concludes that the case is admissible, the State party has three more months to comment on the merits of the case. After that, the applicant has six weeks to submit comments before the Committee makes a final decision on the merits of the case. If, alternatively, the State party has no objection to the admissibility of the complaint and submits observations solely on the merits of the case, the applicant also has six weeks to submit comments before the Committee makes a final decision on the merits of the case.

The rules of procedure of the Committee on the Elimination of Racial Discrimination allow it to invite the complainant (or his/her representatives) and representatives of the State party to participate in the proceedings in order to provide additional information or answers on the merits of the case. However, such cases are exceptional, and the applicant's lack of opportunity to be present in person does not affect the consideration of the case.

In cases where the Committee decides (referred to as an opinion) on the merits of a complaint, it often makes suggestions and/or recommendations, even if it has concluded that there has been no violation of the Convention. These suggestions or recommendations may be general or specific and addressed either to the State party concerned or to all States parties to the Convention.

 

 

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