The main concern related to the United Nation is that it fails to offer any real remedy for people who are suffering from abuse related to human right abuses. Most enforcement methods utilized by the United Nation differ from those used by the domestic Canadian law. For instance diplomacy and publicity are used frequently by the UN in order to enforce human rights. Individuals tend to play a significant role in the whole process.
People can individually look forward to get solutions for human rights abuses form United Nation or any other organizations. Two different types of procedures are available at the United Nation commission to allow individuals to complain against a state’s human rights violations. These are:
1. Communications
2. Individual complaints
Canadian Individuals can easily send communication to the United Nation commission on Human Rights (UNCHR). The communications can also be sent to the United Nation commission on the status of women.
The procedures do not allow any consideration of individual claims. On the contrary the procedures tend to provide a compilation related to violation by states done individually.
The procedures that involve sending of communications to the UNCHR or the United Nations commission is known as the 1503 procedure.
As per this procedure, the UNCHR has the authority to analyze a continuous gross violation of Human Right and fundamental freedoms pattern that occurs in any country across the globe. It is very easy for any individual or a group to file a communication via claiming to be a violation victim.
Any other person or a group with similar knowledge can also carryout the communication filing process. The communication is not supposed to be anonymous here. Every communication in this respect needs to describe the relevant facts in detail as mentioned below:
1. Name/names of alleged victim/s
2. Dates
3. Locations
4. Any other relevant evidences.
It would be better for the victim to display a series or group of cases if possible. This is because the whole procedure mainly focuses on violation patterns of human rights. It is important for the victims to submit their communications within a specified period of time once the remedy exhaustion are available in their country. There should be no duplication or overlap happening with other procedures in the United Nations system. These should also not be motivated politically.
The secretariat in conjunction with the chair of the working group on communications tends to perform an initial communications screening. In case of it is accepted, the communication is forwarded to the working group on communication with the government for comment.
There are some points one needs to keep in mind when preparing communication:
1. The communication must be in black and white.
2. No formal time limit is set for bringing a claim for some treaty bodies.
3. Within six months of final judgment, the CERD should claim.
4. Drafting of communication assistance can be provided to the victim by a lawyer or NGO.
5. The communication must be lodged in the name of the victim.
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