issues and prepare to attend treaty body sessions, and will then perhaps
need to submit further reports on follow-up to concluding observations. In
addition, States might also have obligations at regional level. This adds
up to a considerable reporting burden, so it is perhaps not surprising that
States can fall behind in their reporting schedules or, in some cases, fail
to report at all.
The treaty bodies recognize these difficulties and have been considering
ways of facilitating the task of State parties (see chap. III below). Nevertheless, the obligation to report, like the other obligations arising from the ratification of these treaties, is an international legal obligation, freely entered
into by the State. The treaty bodies seek to encourage States to report in a
timely manner. States may seek technical assistance from OHCHR if they
face particular difficulties. But, if a State has failed to report over a long
period and has not responded to a committee’s requests to report, the committee considers the situation in the country without a report—sometimes
referred to as the “review procedure” (see box).
D. Consideration of complaints from individuals
Except for the Subcommittee on Prevention of Torture, the treaty bodies listed
in section A above may, under certain circumstances, consider complaints or
communications from individuals who believe their rights have been violated
by a State party:
• The Committee on the Elimination of Racial Discrimination may consider individual communications brought against State parties that
have made the requisite declaration under article 14 of the Convention;
• The Human Rights Committee may consider individual communications brought against State parties to the first Optional Protocol to the
Covenant;
• The Committee on the Elimination of Discrimination against Women
may consider individual communications brought against State parties to the Optional Protocol to the Convention;
• The Committee against Torture may consider individual communications brought against State parties that have made the requisite declaration under article 22 of the Convention;
• The Committee on the Rights of Persons with Disabilities may consider
individual communications brought against State parties to the Optional Protocol to the Convention;
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