ing and content of their respective treaties. Furthermore, the general comments promote the implementation of the treaties by drawing the attention of States parties
to insufficiencies disclosed by a large number of reports, and by inciting renewed
attention to particular provisions of the respective treaties from States parties,
United Nations agencies and NGOs with a view to progressively realizing the
established rights.
64. Other treaty bodies adopt general recommendations in which they make authoritative interpretations about the concrete meaning of specific articles of their respective treaties based on the examination of reports and information received from
States parties. CEDAW, CERD and CESCR issue general recommendations to all States
parties. CEDAW and CERD report their general recommendations to the General
Assembly and CESCR reports them to the Economic and Social Council. Both general
comments and general recommendations have made a major contribution to the
development of substantive human rights law.
65. In addition to the above practices, some committees are able to address individual
complaints of human rights violations and make decisions on their admissibility
and express views on their merits. Individuals can submit complaints under five of
the above treaties: the International Covenant on Civil and Political Rights; the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment; the International Convention on the Elimination of All Forms of Racial
Discrimination; the Convention on the Elimination of All Forms of Discrimination
against Women; and the International Convention on the Protection of the Rights
of All Migrants Workers and Members of Their Families. In order for individuals to
bring complaints, two conditions need to be satisfied. First, they must be addressed
against a State party to the treaty. Secondly, the State party must have recognized
the competence of the committee established under the relevant treaty to consider
individual complaints (by means of an optional clause or protocol).
66. The two major stages in any individual complaints procedure are the admissibility and
the merits. In order for the committee to find a complaint admissible, the complaint must satisfy the formal requirements of the procedure. In general, the complaint must be filed by the victim or his or her representative, in written form and
signed. All domestic remedies should have been exhausted, unless they were unavailable or unreasonably prolonged. The merits of the case refer to its substance,
where the committee states its reasons for concluding that a violation of the treaty
has or has not occurred. If the committee finds a violation of an individual's rights
under the particular treaty, it invites the State party to provide information within
three months on the steps it has taken to deal with the committee's views. If the
State party fails to take appropriate action, the committee refers the case for follow-up in order to consider further measures to be taken. For example, the Human
Rights Committee established its Special Rapporteur on Follow-up of Views in order to address with concerned States parties their particular difficulties in complying with the Committee's views. According to reports submitted by this Special
Rapporteur, around 30 per cent of the Committee's views are fully implemented
by relevant States parties.
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