PART III
9
DOMESTIC
REFERRALS
The judicial system: Most human rights violations entail violations of domestic law, as
well as international standards. In such cases, it can be logical for complainants to take
their cases to court. Missions receiving individual complaints should consider whether the
legal system in the country provides a reasonable channel to provide redress for a specific
kind of human rights violation. If so, it can be appropriate to refer the individual complainant to the courts and to provide basic information such as how to initiate the legal
process. Some countries have public-defenders offices that assist individuals with human
rights complaints; in such instances, these may be appropriate points for referral. If free or
low-cost legal services are available in the country, the mission could refer the complainant
to these for assistance. In some countries, “legal clinics” exist – in some cases established
with OSCE/ODIHR assistance – that are designed to provide free legal advice for people
who cannot afford to hire lawyers;
Non-governmental organizations: Many countries have an effective network of NGOs
that can provide assistance to victims of human rights violations. In some cases, these include human rights NGOs, which can give helpful advice on how to proceed with an individual complaint at the national level. They may also include NGOs that specialize in specific aspects of human rights, e.g., the human rights of women, and so are in a position to
offer more specialized advice and assistance. Some NGOs provide social services relevant
to victims of human rights violations, e.g., shelters for victims of domestic violence or centres for the treatment of victims of torture. All of these can be valuable resources for victims
and can provide services in fields that are usually beyond the means even of large missions;
Other international organizations: Although not strictly speaking a “domestic” remedy, a number of international organizations other than the OSCE may be based in a country and may help provide solutions or services for victims of human rights violations.
Some of these have been mentioned previously. For example, the UN High Commissioner for Refugees may be able to provide assistance to refugees. The International Organization for Migration and the United Nations Children’s Fund sometimes have programmes
to assist victims of trafficking. The International Committee of the Red Cross can often assist prisoners, can sometimes help trace disappearances, and frequently has programmes to
assist refugees and internally displaced persons in conflict situations. OSCE missions
should become familiar with the other international organizations working in their host
country and the extent to which the local offices of these organizations might be in a position to assist individual victims of human rights violations. While it often may be useful to
refer a victim to another international organization if that organization is in a position to
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