5.2
The United Nations International Covenant on Civil and
Political Rights (ICCPR)
5.2.1 Substantive protections
The ICCPR articles most relevant to bring claims to redress violence against women include:
Article
Article
Article
Article
Article
Article
Article
Article
3 – Equality between men and women
6 – Right to Life
7 – Prohibition on torture, cruel, inhuman and degrading treatment and punishment
8 – Prohibition on slavery
9 – Right to liberty
10 – Right to human dignity
14 – Equality before courts and tribunals
26 – Non-discrimination and equality before the law
The treaty established a Human Rights Committee (HRC) to monitor the implementation of
the treaty and to consider complaints of violations of treaty rights by the State.
Under Optional Protocol I to the treaty, State Parties may accept the competence of the
HRC to hear individual complaints.
5.2.2 Admissibility and Procedure
There are no admissibility requirements other than those mentioned in section 3. The HRC
may consider individuals complaints 159, called “communications”, against States Parties to
the Optional Protocol I to the International Covenant on Civil and Political Rights. The
communication must be submitted by the alleged victim or by someone assigned by the
victim to act on his/her behalf.160
Complaints are submitted in written form to the Committee, registered by the Secretariat
and sent to the State Party for its response. If the State Party contests the admissibility of
the communication the Committee may decide to consider admissibility separately to the
merits (with each party given the opportunity to make written submissions), but does not
always do so.
Once parties have provided their written submissions, the communications are examined by
the Committee on the basis of the documents that have been submitted in closed session,
without an oral hearing.
5.2.3 The General Comments and Decisions of the Human Rights Committee
The HRC has adopted general comments, issued reports and/or otherwise made important
findings that impact positively the possibilities of addressing women’s claims of violation of
treaty rights, including sexual violence. These range from questions of admissibility to
definitions of important concepts of equality and non-discrimination, to clarification on
nature and extent of violation and the extent of State obligation to protect and promote
civil and political rights.
i)
Prohibition of discrimination
In General Comment No.18, the HRC set out a definition of discrimination to clarify Article
26 on ‘non-discrimination and equality.’ 161 The definition provides, “the Committee
159
The schematic representation of how the individual complaints procedure works is available at:
http://www.claiminghumanrights.org/ccpr_schematic.html.
160
161
Information available at: http://www.claiminghumanrights.org/ccpr_individual_communications.html.
HRC General Comment No. 18, Non-Discrimination (1989), UN Doc. HRC/GEN/1/Rev, ¶ 1.
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