| Abstract [eng] |
This work subscribes how right to individual petition is implemented in two main and most effective international organizations – United Nations and Council of Europe – and their international institutions which may consider individual petitions: the Human Rights Committee established according to 1966 International Covenant on Civil and Political Rights, the Committee on the Elimination of Racial Discrimination established according to 1965 Convention on the Elimination of All Forms of Racial Discrimination, the Committee Against Torture established according to 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and European Court of Human Rights established according to 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. Right to individual petition was first acclaimed by Council of Europe in 1950 Convention for the Protection of Human Rights and Fundamental Freedoms. European Court of Human Rights is one of the main and most effective institution considering individual petitions. Its case-law is really important and deserves much attention in this work too. Requirements for the individual petitions according to the above mentioned conventions are broadly explained in this work. It is possible to say that requirements for the individual petitions to UN treaty bodies and to the European Court of Human Rights are similar or almost the same, only a few differences can be named: ratione temporis requirement (individual petition to UN Committee on the Elimination of Racial Discrimination and European Court of Human Rights can be submitted within the period of six months from the date on which the final decision was taken), possible claimant (to all UN treaty bodies individual petitions may be submitted by any person or group of individuals only the European Court of Human Rights also accepts petitions from non-governmental organizations) and requirement that the same individual petition is at the same time submitted to another procedure of international investigation or is already solved by it (only individual petitions to UN Committee on the Elimination of Racial Discrimination do not have to fulfill this requirement). The system of individual petitions is compared with the system of collective complaints established within the framework of the Council of Europe by 1995 Additional Protocol to the European Social Charter Providing for a System of Collective Complaints. It gives opportunity to name peculiarities of each system. Complaints to EC European Committee of Social Rights may bring up a question in general that general situation in a state-party does not comply in law or practice with European Social Charter of 1961 or the European Social Charter (revised) of 1996. This leads to that “victim” and exhaustion of interim measures requirements cannot be applied to collective complaints though these requirements are to be considered one of the main applied to individual petitions. Analysis of these two systems only emphasize that system of individual petitions seeks to implement justice in each single case and afford just satisfaction to the injured party. In the case of collective complaints individual remedies are not applied. |
