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Vol 22 No 11 Nov/Dec 2017

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The Human Rights Committee and the Right of Individual Communication

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P.R. GhandhiUniversity of Reading, Department of Law

ISBN13: 9781855217683
ISBN: 1855217686
Published: February 1999
Publisher: Routledge
Format: Hardback
Price: Out of print

Protection of Human Rights both at regional and at an international level is a major pre-occupation of International Law. The International Covenant on Civil and Political Rights is probably the most important single universal human rights instrument which both sets standards and ensures compliance with them through measures of implementation. More than 125 States have accepted the obligations imposed by this Covenant. This text places the genesis of the Covenant in its historical context by looking at its precursors within the UN framework before embarking on an analysis of the provisions of the Optional Protocol which enshrines the right of individual communication. The Human Rights Committee is the body charged with overseeing the implementation of the Covenant. This work deals with the jurisprudence of the Committe under the O.P. and analyzes its effectiveness in protecting the rights of man at the international level.

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An introduction to and the origins of the right of individual communication contained in the Optional Protocol to the International Covenant on Civil and Political Rights; the Human Rights Committee; the operation of the individual communication procedure; inadmissibility ratione personae; inadmissibility ratione loci; inadmissibility ratione temporis; inadmissibility ratione materiae; non-substantiation and no claim under article 12 of the OP; anonymity, abuse and the right of submission and no ""fourth instance""; inadmissibility under article 5(2)(a) of the Optional Protocol; inadmissibility under article 5(2)(b) of the Optional Protocol; fundamental procedural issues; final views of the committee; reservations; final remarks.