Study On The Individual Communication Mechanism Of Human Rights Committee

Individual communication mechanism of Human Rights Committee, is an important international human rights monitoring component. It provides for individual communications and the Human Rights Committee hearing individual communications mechanisms in the First Optional Protocol of the Convention of Civil and Political Rights. Human Rights Committee, It is independence optional, impartiality and quasi-judicial of the individual communications mechanism. Through individual communications mechanisms,it Can be achieved and functions of the following purposes:reflecting the specific situation of individual human rights, realization of individual justice and the rule of law, protection of individual rights through deterrence, preventive effect on the domestic level, interpretation of human rights conventions and to promote human rights dialogueThe practice of running the communication mechanism for the main hearing the case of individual communications is the Human Rights Committee, and its two subsidiary bodies. They are the Special Rapporteur on New Communications and Working Group on Communications; Hearing the case based on the communication, including the power basis, according to legal sources, and written materials basis; Hearing individual communications procedures include:author of the communication with the registration process, admissibility decision making procedures, the procedures to make substantive comments heard. Human Rights Committee's decision on the views of individual communications is different from the member's personal opinion of the Psrty's reporter, but also different from the Committee's general comments and concluding observations. It is with the Regional Court of Human Rights also different.State obligations under the communications procedure consists of three aspects: First, without prejudice to the obligations of individuals to resort to the Committee; The second is sincere respect for the individual communications procedure of the obligations, including to respond to communications, the obligation to execute the provisional measures; The Third is the communication with the Committee after the comments made by the obligation to cooperate in good faith, including the adoption of remedial measures, the dialogue with the Committee and the Committee's views on such obligations. Views of individual communications, the Committee provides the follow-up actions and monitoring procedures.Individual communication mechanism has many shortcomings. It includes facing the challenge of its own conventions, human rights treaty body system defects, weak judicial views of the Committee and the Committee views the problem of limited impact. Methods to improve the universality of the Treaty, including enhancements to play a greater role in the communication advice, reforming Committee hearing the case the communication procedures and practices; providing advice and mandatory binding, and strengthen the views of the Commission and enhance the enforceability opinions; expanded views of the universality of the Parties, at the national level to improve the implementation of conditions, and other measures.Individual communication mechanism can monitor the implementation of human rights, at the international level and national level. Of course, there are still many lack the communication mechanism needs improvement.