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International monitoring of compliance with fundamental human rights. International monitoring mechanisms and procedures in the field of human rights

Classification of human rights treaties and international human rights standards

The UN Charter contains legally binding general provisions on the need for international cooperation to promote and develop respect for human rights and fundamental freedoms. But it does not contain a specific list of them.

At the same time, the UN Charter has formulated a number of principles governing the observance of human rights: the dignity and value of the human person, the equality of peoples, the equality of men and women, and the inadmissibility of discrimination on the grounds of race, gender, language, and religion are recognized as fundamental.

After the approval of the UN Charter by the international community, mainly the UN and its specialized agencies, a large number of documents on human rights were adopted, containing norms regulating legal relations in this area.

It seems that they could be classified as follows.

It is generally accepted that the so-called International Bill of Human Rights includes the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and its two Optional Protocols: on private complaints and the abolition of the death penalty.

The Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, was the first universal document in the history of international relations that proclaimed a list of human rights and freedoms. Its importance cannot be overestimated, and, according to popular opinion, due to its authority and wide application, it has become, despite its original form as a resolution of the General Assembly, having a recommendatory character, an act having binding legal force (as ordinary rules).

In 1966, the General Assembly adopted the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. They came into force in 1976.

From the very beginning, these documents took the form of international conventions, binding on the states participating in them, and were the most general acts in terms of their coverage of human rights issues, establishing standards in this area. They have received wide international recognition and authority. They are constantly referred to in resolutions of various international organizations and in treaties on certain aspects of human rights.

The International Covenant on Economic, Social and Cultural Rights recognizes such rights as the right to work, to just and favorable conditions of work, to the formation and unimpeded operation of trade unions, to social security, to family protection, to an adequate standard of living, to the highest sufficient standard of living. physical and mental health, education, participation in cultural life.

The International Covenant on Civil and Political Rights guarantees such rights as the right to life, freedom from torture or slavery, liberty and security of person, humane treatment and respect for the inherent dignity of the human person, free movement and freedom of choice of residence, the right to leave any country, return to one's own country, equality before the courts, freedom from interference with privacy, freedom of thought, conscience and religion, the right to hold opinions and to freedom of information, peaceful assembly, freedom of association, participation in the conduct of public affairs, equality before the law .

These rights and freedoms, specified in comparison with the Universal Declaration of Human Rights, were assumed by the States Parties to the Covenants to provide all persons under their jurisdiction; At the same time, states must ensure the implementation of the rights recognized in the Covenants by taking appropriate national legislative and other measures. At the same time, the possibility of restrictions based on the law, necessary, for example, to protect national security, public order, public health or morals, or the rights and freedoms of others, is permitted.

A special group of human rights acts are represented by documents aimed at suppressing crimes against humanity, such as war crimes, genocide, apartheid, and combating gross mass violations of human rights that affect the interests of large masses of the population or entire nations and may have serious international consequences, negative affecting interstate relations. These include the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid, the 1968 War Crimes and Crimes Against Humanity Convention, and the International Convention on the Elimination of All Forms of Racial Discrimination 1965, Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956. According to these treaties, states condemn the policies specified in these Conventions, undertake to suppress and prohibit on their territories any actions that contradict the goals of these Conventions, and undertake obligations to carry out joint actions to combat manifestations of this group of offenses. They also cooperate in punishing specific individuals responsible for their crimes, in particular using the institution of extradition to bring them to justice or independently bringing them to justice.

A number of agreements are intended to protect the interests of the individual from abuse by government agencies or individuals and organizations. These include the 1960 Convention against Discrimination in Education, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, and the 1989 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Under these Conventions, states agreed to take measures to prevent and eradicate certain violations of individual rights on their territories, as well as to restore violated rights.

Another group of treaties is devoted to cooperation between states in achieving positive results in ensuring human rights. These are the Convention on Equal Remuneration for Men and Women for Work of Equal Value of 1951 (aimed at ensuring a woman’s right to equal pay with a man), the Nationality of Married Women Convention of 1957 (provides for the independence of a woman in deciding the issue of her citizenship when marrying alien), Convention on the Reduction of Statelessness 1961, Convention relating to the Status of Stateless Persons (provides for certain political, civil, social and economic rights), Convention relating to the Status of Refugees 1951, Employment Policy Convention 1964 (aimed at ensuring the right to labor), Women's Political Rights Convention 1952, Maternity Protection Convention

1952, the Convention on the Protection of Wages of 1949 and a number of others. Under treaties of this type, states that became parties to them committed themselves to take legislative and practical measures to ensure human rights, which are considered by the international community as minimum standards for the social protection of individuals.

Finally, it is worth noting the conventions adopted, for example, by UN special agencies, which specify general standards for the observance of human rights and develop industry standards in their development. Thus, the International Labor Organization has developed a large number of conventions on issues such as wages, working hours, working conditions for various categories of workers, etc.

A significant role is played by documents that are not legally binding, but which reflect the point of view of the international community on certain human rights issues. Among them are decisions of international human rights conferences in Tehran (1968) and Vienna (1993), declarations and resolutions of the UN General Assembly on the right to self-determination, declarations, protocols and other documents on the prevention of discrimination, including against persons belonging to national or ethnic, religious and linguistic minorities, the rights of women and children, human rights in the field of justice, medical ethics, which should be considered as the minimum standards of behavior accepted in a civilized society.

Important documents of this nature are also adopted by UN special agencies. Thus, UNESCO adopted the Declaration on the dissemination among youth of the ideals of peace, mutual respect and understanding between peoples in 1965, the Declaration of principles of international cultural cooperation in 1966, the Declaration of social progress and development in 1969, the Declaration on the use of scientific and technological progress in the interests of peace and for the benefit of Humanity of 1975, the Declaration of Basic Principles Concerning the Contribution of the Media to the Strengthening of Peace and International Understanding, to the Advancement of Human Rights and to the Fight against Racism and Apartheid and Incitement to War, 1978, which laid the foundations for the formation of a new international information order.

Such documents, which are initially only advisory in nature, often then form the basis of adopted treaty acts that establish the relevant provisions as mandatory for compliance by states.

Although international organizations and bodies have been dealing with human rights issues for decades, it is obvious that progress in this direction can only be achieved with effective international monitoring of their actual observance.

Until 1997, the UN Secretariat had a Center for Human Rights, which was engaged, in particular, in collecting information from various sources about the situation with human rights in the world. Since 1997, its functions have been transferred to the Office of the UN High Commissioner for Human Rights.

Under it and under the auspices of the UN Commission on Human Rights, there is a procedure for considering private complaints based on Economic and Social Council resolution 1503 of May 27, 1970. This procedure has a number of features. It is universal because it does not depend on the consent of states; a citizen of any state can use it.

At the same time, in order for a complaint to be considered, it must meet certain certain minimum requirements, failing which it will be declared inadmissible.

This procedure is not judicial, and the consideration of such complaints does not have significant substantive consequences for the states concerned. However, such consideration is important for identifying situations where systematic and gross violations of human rights are occurring.

In 1993, the UN General Assembly established the post of High Commissioner for Human Rights. The issue has been debated at the UN for decades, but it is too early to say whether the commissioner, currently former Irish President M. Robinson, will lead to real improvements in human rights around the world.

Control mechanisms for monitoring the state of human rights in certain areas also operate in specialized UN agencies. This work is carried out most consistently in the ILO, which regularly monitors, through its supervisory bodies, the situation with respect to labor rights in certain countries.

The universal human rights conventions provide, as already noted, for the submission and consideration by relevant expert committees on a regular basis of reports on legislative, judicial, administrative and other measures taken by States Parties to fulfill their obligations. Based on such consideration, committees adopt detailed conclusions and recommendations. This procedure is the main form of control over the implementation of the relevant conventions.

At the same time, they also contain other control functions and mechanisms to achieve the goals set in these international legal acts.

Thus, some of these conventions establish a procedure according to which a state can submit complaints regarding the actions of other state parties. For example, according to the International Convention on the Elimination of All Forms of Racial Discrimination (Article 11), any state party can use it. For this purpose, it is envisaged, in particular, to create conciliation bodies. However, states practically do not resort to this procedure.

At the same time, the control function related to the consideration of private complaints has received significant development in the Human Rights Committee and other convention bodies. The latter is, as already noted, optional and is implemented only after the relevant state has given consent to consider the complaints of its citizens.

When considering petitions, international convention bodies are guided by certain criteria, most notably the rule that such complaints are not considered unless the petitioners have exhausted all available domestic national remedies of the state (this rule does not apply in cases where the use of such remedies is excessive is delayed).

Having considered petitions and clarifications from states on this matter, these bodies can make proposals and recommendations both to the individuals or groups of individuals who sent them and to the participating states. This nature of the procedure gives grounds to consider it semi-judicial.

However, the disadvantage of its functioning is that today such petitions come almost exclusively from residents of Western Europe, where there is a certain level of legal awareness of the population and conditions for the functioning of such a mechanism, although these countries are already characterized by a high degree of human rights protection.

Unfortunately, states where, due to historical and other circumstances, the level of protection of the rights of the population is low, either do not make statements about joining these optional procedures, or, if they do, their citizens do not use them.

The Council of Europe has a developed system of human rights supervisory bodies, which was based on the activities of the European Commission of Human Rights and the European Court of Human Rights. In November 1998, Protocol No. 11 to the European Convention on Human Rights and Fundamental Freedoms came into force, providing for the abolition of the Commission and the Court and the creation on their basis of a single European Court of Human Rights.

In accordance with this Protocol it is established unconditional right to petition by private individuals. Now there will be no need to wait for a special statement from the member states of the Council of Europe on this issue, as has been the case until now.

Thanks to its extensive practice in considering complaints, the European Court of Human Rights has become a significant factor in the legal development and improvement of the system of human rights protection in Europe, and the case law created by it can be used by states that have recently become members of the Council of Europe, and in particular Russia, to improve their legislation and law enforcement .

Control mechanisms are defined organizational structures (committees, working groups, special rapporteurs, etc.). International control mechanisms and procedures should not be identified. In contrast to international control mechanisms, procedures are the procedures and methods for examining relevant information and responding to the results of such examination.

Different procedures may be used within the same control body.

Procedures applied by international organizations can be used without any control mechanism, for example by the UN Commission on Human Rights in its plenary meetings.

Individuals who are part of a particular control mechanism most often act in a personal capacity, that is, they are not responsible to their governments for their activities and do not receive any instructions from them. They act independently as part of these mechanisms as experts, judges, etc.

International monitoring mechanisms in the field of human rights can be collective bodies - committees, groups, etc. And they can also be individual bodies - special rapporteurs.

Collective bodies make decisions either by consensus or by majority vote. The legal nature of their decisions is different. They are usually non-binding, expressing only the opinion of the relevant body on the issue under consideration (including recommendations, general or specific). Sometimes they cannot even be called decisions (for example, the conclusions of special rapporteurs, although they usually contain recommendations at the end). Less often they are binding on the parties concerned (decisions of the European Court of Human Rights). Ultimately, everything depends on the mandate given to the control body.

International mechanisms in the field of human rights protection do not always cope with their responsibilities. They sometimes duplicate each other, require unnecessary financial expenses, and lead to decisions that are not always objective. However, their creation and increase in their number are a reflection of objective trends in international life. Therefore, at this stage, the need for their improvement and rationalization comes to the fore.

Sometimes there is a combination in one body of control mechanisms provided for by human rights treaties and created by international organizations. Thus, according to the Covenant on Economic, Social and Cultural Rights, reports of participants on their implementation of its provisions are sent through the UN Secretary-General to ECOSOC. Such

Under him and under the auspices of the UN Commission on Human Rights, there is a procedure for considering private complaints based on resolution No. 1503 of May 27, 1970 of the Economic and Social Council. This procedure has a number of features. It is universal because it does not depend on the consent of states; a citizen of any state can use it.

At the same time, in order for a complaint to be considered, it must meet certain certain minimum requirements, failing which it will be declared inadmissible.

The Council of Europe has a developed system of supervisory bodies for human rights, based on the activities of the European Commission of Human Rights and the European Court of Human Rights. In November 1998, Protocol No. 11 to the European Convention on Human Rights and Fundamental Freedoms came into force, providing for the abolition of the Commission and the Court and the creation on their basis of a single European Court of Human Rights.

In accordance with this Protocol, the unconditional right of private individuals to file petitions is established. Now there will be no need to wait for a special statement from the member states of the Council of Europe on this issue, as has been the case until now.

Thanks to its extensive practice in considering complaints, the European Court of Human Rights has become a significant factor in the legal development and improvement of the system of human rights protection in Europe, and the case law created by it can be used by states that have recently become members of the Council of Europe, and, in particular, Russia, to improve their legislation and law enforcement.

As already noted, principles and norms in the field of human rights are formulated in documents of both a universal and regional nature. TO regional human rights organizations, include the Organization of American States, the Council of Europe, the Organization of African Unity, the Organization for Security and Cooperation in Europe and the Organization of the Islamic Conference.

There are a number of human rights conventions in force on the American continent, among which the Inter-American Convention on Human Rights occupies a central place.

African countries, emphasizing their specificity as developing states, adopted, in particular, the African Charter on Human and Peoples' Rights.

The universal mechanism for the international protection of human rights and freedoms operates within the UN system and consists of non-contractual (institutional) and treaty (convention) supervisory bodies. The main difference between these two groups lies in their competence: the competence of convention bodies extends only to those states that have ratified the relevant international agreement, while non-treaty control mechanisms apply to all UN member states, regardless of their ratification of a particular convention .

The UN's non-treaty supervisory bodies in this area can be divided into two categories, one of which includes the main bodies of this organization, and the other - special ones, the work of which is focused exclusively on issues related to human rights. The most significant powers in the second category are vested in the Human Rights Council, the Office of the High Commissioner for Human Rights, and the Office of the High Commissioner for Refugees.

Among the main UN bodies, the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), and the Secretariat headed by the Secretary General are most relevant to the issue of monitoring human rights.

The UN General Assembly has several functions in relation to human rights. It organizes studies and makes recommendations in order to “...promote the realization of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion” (Article 13, paragraph lb, of the UN Charter). Research on human rights issues on behalf of the General Assembly is carried out, as a rule, by ECOSOC, the Secretary General and specialized UN agencies. The General Assembly adopts resolutions (declarations) on human rights issues and approves treaties. The Third Committee (on social, humanitarian and cultural issues) prepares drafts of such documents, adopted by the UN GA at the end of its regular session.

The UN GA also holds special sessions dedicated to certain human rights issues (for example, in 2000 it held a special session on the protection of women, and in 2002 a special session on the situation of children in the world). In addition, in order to carry out its functions in the field of human rights, the UN GA on the basis of Art. 22 of the UN Charter may create various subsidiary bodies. Thus, in 1946, she established the United Nations Children's Fund (UNICEF), which is dedicated to the protection of children and their rights.

The UN Security Council plays an important role in relation to the protection of human rights, as it is authorized to take action to maintain international peace and security (Article 24 of the UN Charter). Since massive and gross violations of human rights pose a threat to peace and security and are international criminal acts, the Security Council, on the basis of Chapter VII of the UN Charter, can and must take measures to eliminate such violations. In this regard, the Security Council applied economic sanctions against Rhodesia (Zimbabwe) (1966), Yugoslavia (1991), Libya (1992), Angola (1993), Sierra Leone (1997), Afghanistan (1999), Ivory Coast (2004), made decisions on the use of armed force against Iraq (1990), Somalia (1992), Haiti (1994).Decisions of the Security Council on the application of sanctions to suppress criminal violations of human rights are binding on all UN members.

In recent years, the Security Council has devoted considerable attention to the issues of bringing to justice individuals responsible for committing war crimes and crimes against humanity. In 1993, it established the International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia (Resolutions 808 and 827), and in 1994 the International Tribunal for Rwanda (Resolution 955).

The UN Economic and Social Council may undertake studies and make recommendations to promote respect for and observance of human rights and freedoms. On issues within its competence, ECOSOC is authorized to prepare draft conventions (for presentation to the General Assembly) and convene international conferences (Article 62 of the UN Charter). In accordance with Art. 68 of the ECOSOC Charter can create commissions “in the economic and social fields and for the promotion of human rights.” Thus, he created the Commission on Human Rights (which ceased its activities in 2006) and the Commission on the Status of Women as functional bodies in the field of human rights.

The UN Secretary-General has the right to inform the Security Council about any issues that, in his opinion, may threaten the maintenance of international peace and security, including those related to violations of human rights. It can appoint special representatives by country and establish thematic mandates (Special Representative for Somalia, Special Representative for the Impact of Armed Conflict on Children). The Secretary-General provides his good offices to help resolve human rights issues.

Among the special bodies, the most significant powers in the second category until recently belonged to the Commission on Human Rights, created by ECOSOC in 1946. In March 2006, in order to increase the effectiveness of the UN’s activities in the field of human rights, General Assembly resolution 60/251 decided to create instead Human Rights Commission Human Rights Council. The Council, composed of 47 member states, is a subsidiary organ of the General Assembly. Council members are elected by a majority of UN member states by direct secret ballot based on the principle of equitable geographical distribution: the group of African states has 13 seats; group of Asian states - 13 seats; group of Eastern European states - 6 seats; the group of Latin American and Caribbean states - 8 seats and the group of Western European and other states - 7 seats. Members of this body serve for three years and are not eligible for immediate re-election after two consecutive terms.

According to UNGA resolution 60/251, the Council has the right to:

Promote effective coordination and integration of activities related to human rights within the UN system;

Review situations involving violations of human rights, including gross and systematic violations, and make recommendations on them;

Promote, through dialogue and cooperation, the prevention of human rights violations and respond quickly to human rights emergencies;

Conduct comprehensive periodic reviews of each State's compliance with its human rights obligations and responsibilities;

Promote educational activities in the field of human rights, as well as activities to provide advisory services and technical assistance, etc.

The Council submits an annual report on its activities to the General Assembly. The Council must meet in session at least three times a year. The Council also has the ability to hold special sessions when necessary, including to address human rights situations of concern in individual countries.

According to paragraph 6 of UNGA resolution 60/251, within a year from the start of its work, the Human Rights Council was required to implement and analyze all mandates, procedures, functions and responsibilities of the Commission on Human Rights in order to improve, rationalize and maintain the system of special mechanisms, procedures, expert consultations and complaints procedures.

At its fifth session in June 2007, the Council adopted resolution 5/1 “United Nations Human Rights Council: Institution Building”, which extended the mandates of all special procedures (with the exception of Belarus and Cuba), established a mechanism for universal periodic review of compliance and the provision of human rights by states, established the Advisory Committee of the Human Rights Council as its think tank, and reformed the complaints procedure based on ECOSOC resolution No. 1503.

The Universal Periodic Review of the Human Rights Council is a new human rights mechanism to review the human rights situation of countries. Its main task is to assess the progress of all UN member states in fulfilling their obligations in this area and to identify positive changes and problems facing the state. Under this system, each Member State is periodically subject to review, which should help the State fulfill its obligations in this area and strengthen its capacity to protect human rights.

The universal periodic review procedure consists of the following steps:

Preparation by the state and other interested parties of relevant documents and information;

Dialogue with the state within the framework of the UPR working group and adoption of the country review report by the working group;

Adoption by the Council of the final document of the UPR;

Follow-up and implementation by the government and other stakeholders.

Within the framework of the Human Rights Council, special mechanisms and procedures for monitoring the observance of human rights, created at one time by the Commission on Human Rights, also continue to function. They are divided into thematic mechanisms that investigate a specific type of human rights violations around the world (for example, the Special Rapporteur on the sale of children, child prostitution and child pornography, the Working Group on Enforced or Involuntary Disappearances), and investigative mechanisms violations of human rights in individual countries - country-specific mechanisms (for example, Special Rapporteur on Human Rights in Cambodia, Independent Expert on the situation of human rights in Sudan).

These mechanisms are created either in the form of working groups consisting of several experts, or a single expert is appointed: a Special Rapporteur or representative. All of them act in a personal capacity and are not representatives of their states. The main form of work is to conduct research on the question posed to them and make a conclusion on it. To do this, they collect relevant information from various sources, can organize visits to countries (with their consent) where human rights are violated (fact-finding missions), make requests and clarifications from governments for information relating to legislation or legal practice. The main purpose of these procedures is to establish dialogue and cooperation with states. Although their competence does not include consideration of individual complaints about violations of human rights, their very existence, as well as their reports, increase attention to the violation of certain rights. All special rapporteurs and working groups submit annual reports on their work to their founding bodies. In order to improve the effectiveness of the special procedures system, the Human Rights Council adopted a Code of Conduct for Special Procedures Mandate-holders.

The Human Rights Council can consider complaints of reliably substantiated gross violations of human rights that are systematic and committed in any area of the world and under any circumstances. Under this procedure, the Council considers communications if they come from an individual or group of individuals who claim to be victims of human rights violations, or from individuals and non-governmental organizations with direct and reliable knowledge of these violations.

Two working groups are being established to bring systematic and reliably documented gross violations of human rights to the attention of the Council: the Working Group on Communications and the Working Group on Situations. This procedure is confidential. The main consequence is the unfavorable opinion that the world community may have of the state where such human rights violations occur, and the cessation or suspension of contacts with it. Therefore, states prefer not to be investigated by this procedure.

The post of High Commissioner for Human Rights was established by the UN General Assembly in 1993 (UNGA resolution 48/141 of December 20, 1993). The Commissioner is appointed by the Secretary-General for a four-year term and has primary responsibility for the UN's human rights activities. Its functions include the promotion and protection of human rights throughout the world, strengthening international cooperation in this area, coordinating all programs of the Organization in the field of human rights protection, ensuring close cooperation between various UN bodies in order to improve the effectiveness of their activities, providing advisory services at the request of states , technical and financial assistance to support measures and programs in the field of human rights, establishing dialogue with governments in order to ensure respect for human rights, etc. One of the areas of activity of the High Commissioner for Human Rights is also a rapid response to emergency situations arising in connection with massive and gross violations of human rights. The High Commissioner submits annual reports on his activities to the General Assembly through ECOSOC.

The General Assembly has not given the High Commissioner the power to consider complaints from individuals about violations of their rights and freedoms. A number of treaty and non-treaty bodies of the UN system have already been vested with such powers. The High Commissioner merely coordinates this work and takes action if states do not comply with the decisions of the bodies dealing with private complaints. In addition, the Office of the High Commissioner for Human Rights works closely with special rapporteurs or independent experts sent to individual countries by the Human Rights Council to establish evidence of serious human rights violations. It is now the practice of the High Commissioner to visit regions characterized by human rights violations to stop the violence and draw the attention of the government to ongoing human rights violations or authorize a representative to investigate them.

The current system of universal human rights convention bodies consists of 8 committees created on the basis of the relevant human rights conventions:

1) Human Rights Committee;

2) Committee on the Elimination of Racial Discrimination;

3) Committee on the Elimination of Discrimination against Women;

4) Committee on Economic, Social and Cultural Rights;

5) Committee against Torture;

6) Committee on the Rights of the Child;

7) Committee for the Protection of the Rights of All Migrant Workers and Members of Their Families;

8) Committee on the Rights of Persons with Disabilities. After the entry into force of the 2006 Convention for the Protection of All Persons from Enforced Disappearance, another committee will be created - the Committee on Enforced Disappearances.

The committees are composed of experts (ranging from 10 to 23) acting in their personal capacity and having recognized competence in the field of human rights. The control procedures used by these bodies are carried out in the following forms: studying the reports of states that have ratified international agreements on human rights; consideration of interstate and individual complaints regarding violations of the provisions of the relevant conventions.

All committees have the right to examine reports of states parties to relevant international treaties. To do this, States must provide reports at specified periods on the measures they have taken to implement the rights enshrined in these treaties and on the progress made in this area. Based on the examination of these reports, the committees make concluding observations to the states parties, which indicate the factors and difficulties impeding the implementation of a particular human rights convention, formulate questions on the problems of implementing the treaty, as well as proposals and recommendations on ways to further improve measures to its implementation. The importance of guidelines for writing reports and general comments interpreting certain provisions of the relevant treaty, which are issued by committees to assist States in preparing their communications, should be emphasized.

Currently, six committees are competent to consider individual complaints:

Human Rights Committee (Article 1 of Optional Protocol I to the Covenant on Civil and Political Rights);

Committee on the Elimination of Racial Discrimination (Article 14 of the Convention on the Elimination of All Forms of Racial Discrimination);

Committee against Torture (Article 22 of the Convention against Torture),

Committee on the Elimination of Discrimination against Women (Article 1 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women);

Committee for the Protection of the Rights of All Migrant Workers and Members of Their Families (Article 77 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families);

Committee on the Rights of Persons with Disabilities (Article 1 of the Optional Protocol to the Convention on the Rights of Persons with Disabilities).

However, this function of the committees is valid only in the case of special recognition of these articles by the state party to the relevant agreement. In addition, in order for a particular Committee to accept an individual complaint for consideration, it must meet certain criteria: it must not be anonymous, it must not be considered in accordance with another international procedure, all domestic remedies must be exhausted, etc.

The Republic of Belarus has ratified the Optional Protocols to the Covenant on Civil and Political Rights (in 1992) and the Convention on the Elimination of All Forms of Discrimination against Women (in 2004), which gives its citizens the right to file individual complaints with the Human Rights Committee and Committee on the Elimination of Discrimination against Women in the event of violations by Belarus of the rights enshrined in these treaties.

The Human Rights Committee, the Committee on the Elimination of Racial Discrimination, the Committee against Torture, the Committee for the Protection of the Rights of All Migrant Workers and Members of Their Families can consider interstate communications regarding violations of obligations under the relevant treaty (based on Article 41 of the Covenant on Civil and Political Rights, Article 11 of the Convention on the Elimination of All Forms of Racial Discrimination, Article 21 of the Convention against Torture, Article 76 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families). This also requires special recognition of these articles by the state. To date, this procedure has never been used in practice.

In addition to the above functions, three committees - the Committee against Torture, the Committee on the Elimination of Discrimination against Women, the Committee on the Rights of Persons with Disabilities - on their own initiative can conduct an investigation if they receive reliable information about the systematic violation of relevant rights in the territory of any state party to a particular another Convention (Article 20 of the Convention against Torture, Article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women, Article 6 of the Optional Protocol to the Convention on the Rights of Persons with Disabilities). However, unlike the procedure for considering individual complaints, the Committees can use relevant information from any sources. With the consent of the State Party, when conducting an investigation, the Committees may visit its territory. The entire procedure is confidential.

After the entry into force of the Optional Protocol to the Covenant on Economic, Social and Cultural Rights of 2008, the Committee on Economic, Social and Cultural Rights will have the right to consider individual and interstate communications, conduct an investigation procedure based on information about the systematic violation of relevant rights on the territory of the state ( Articles 2, 10, 11 of the Optional Protocol).

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