judicial procedures aimed at determining rights and obligations pertaining to
the areas of contract, property and torts in the area of private law;
equivalent notions in the area of administrative law such as the termination
of employment of civil servants for other than disciplinary reasons;604
the determination of social security benefits;605
the pension rights of soldiers;606
procedures regarding the use of public land607 or the taking of private
property.
58. In addition, it may cover other procedures which, however, must be assessed
on a case by case basis in the light of the nature of the right in question.608
59. If the national law does not provide any entitlement to the individual, then there
is no ‘suit at law’.609 So the Human Rights Committee has said the right did not
apply where there was no right,610 for example,
to be promoted to a higher position in the civil service; 611
to be appointed as a judge;612
to have the death penalty commuted by an executive body.613
60. Similarly the right will not apply if the measures taken against them are subject
to a higher administrative body. For example:
Tax obligations and assessments of tax;
Education rights;
Right to stand for public office and the right to vote;
Right of political parties to continue their activities;
Refusal to issue a passport;
Right of access to information, unless such information must be disclosed
pursuant to Article 8614, or where such information may assist in establishing
a claim for damages615;
Imposition of reporting restrictions on the press preventing reporting of a
public trial;
604
Communication No. 441/1990, Casanovas v. France, 19 July 1994, para. 5.2.
Communication No. 454/1991, Garcia Pons v. Spain, para. 9.3
606
Communication No. 112/1981, Y.L. v. Canada, para. 9.3.
607
Communication No. 779/1997, Äärelä and Näkkäläjätvi v. Finland, 24 October 2001, paras. 7.2 –
7.4.
608
Human Rights Committee General Comment No.32, CCPR/C/GC/32, para 16.
609
Kolanowski v Poland, Human Rights Committee, Communication 837/1998, UN
Doc.CCPR/C/78/D/837/1998, (2003), para 6.4; Fernandez v Spain, Human Rights Committee,
Communication 1396/2005, UN Doc.CCPR/C/85/D/1396/2005 (2005), para 6.3. See also before the
European Court of Human Rights, Roche v UK, [2005] ECHR 926, paras 116-121.
610
General Comment No.32, CCPR/C/GC/32 (2007), para 17.
611
Communication No. 837/1998, Kolanowski v. Poland, para. 6.4.
612
Communications No. 972/2001, Kazantzis v. Cyprus, para. 6.5; No. 943/2000, Jacobs v. Belgium
para 8.7, and No. 1396/2005, Rivera Fernández v. Spain, para. 6.3.
613
Human Rights Committee Communication No. 845/1998, Kennedy v. Trinidad and Tobago, para.
7.4.
614
Gaskin v UK
615
McGinley & Egan v UK
605
109
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