Forms of Racial Discrimination (CERD79) (provided that a declaration has been made in accor-
dance with Art. 14), the Convention against Torture (CAT80) (provided that a declaration has
been made in accordance with Art. 22 (1)81), the Convention on the Elimination of All Forms of
Discrimination against Women (CEDAW82) (provided that the state is a party to its Optional
Protocol). The International Covenant on Economic, Social and Cultural Rights (CESCR)83 and
the Convention on the Rights of the Child (CRC)84 do not provide for individual complaints pro-
cedures and will therefore not be dealt with. The International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families (CMW85) provides for an
individual complaints procedure, which however has not yet entered into force.86
The following regional instruments also allow for individual complaint mechanisms: the Euro-
pean Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR87;
mandatory under the 11th Protocol88), the American Convention on Human Rights89 (Art. 44;
mandatory concerning complaints to the Commission) and the African Charter on Human and
Peoples' Rights90 (Art. 55; mandatory concerning complaints to the Commission). An overview
79 Adopted by G.A. Res. 2106A (XX), U.N. GAOR, XX, Supp. No. 14, at 47, U.N. Doc A/6014 (entered into
force Jan. 4, 1969). As of 09 June 2004, it had 169 State Parties, of which 45 States recognized the
competence under Art. 14 CERD. The Committee could start working under Art. 14 only as soon as 10 State
Parties made a declaration under Art. 14. That happened Dec. 3, 1982. The Committee began its work under
Art. 14 in 1984.
80 Adopted Dec. 10, 1984, 1465 U.N.T.S. 113 (entered into force June 26, 1987). As of 09 June 2004, it had
136 State Parties.
81 As of 13 May 2005, 57 State Parties have made the respective declaration.
82 Adopted Dec. 18, 1979, 1249 U.N.T.S. 13 (entered into force Sept. 3, 1981). As of 18 March 2005, it had
180 State Parties and as of 7 January 2005, there were 71 State Parties to the Optional Protocol, adopted by
G.A. Res. 4, U.N. GAOR, 54th Sess. , Supp. 49, Vol. I, at 4, U.N. Doc A/54/49 (Vol. I).
83 Opened for signature on Dec. 16, 1966, 993 U.N.T.S. 3 (entered into force Jan. 3, 1976). As of 9 June 2004,
it had 149 State Parties. The only international measure for monitoring supervision of the ICESCR is a state
reporting procedure. For an overview on the already long discussion about the justiciability of the CESCR,
see Michael J. Dennis/David P. Stewart, “Justiciability of Economic, Social, and Cultural Rights: Should
there be an International Complaints Mechanism to Adjudicate the Rights to Food, Water, Housing, and
Health?”, American Journal of International Law 98 (2004), 462-515 with further references.
84 Adopted Nov. 20, 1989, 1577 U.N.T.S. 3 (entered into force Sept. 2, 1990). As of 09 June 2004, it had 27
State Parties.
85 Adopted by G.A. Res. 158, U.N. GAOR, 45th Sess., Supp. 49 A, at 261, U.N. Doc. A/45/49 (Vol. I), (entered
into force July 1, 2003). Today, there are a total of 26 ratifications.
86 The individual complaint procedure will only enter into force when a minimum of ten State Parties to the
CMW have made the necessary declaration under Art. 77 (1), see Art. 77 (8). No state made a declaration in
that respect as of 10 May 2005. Art. 77 allows only for communications from or on behalf of individuals, not
groups, Art. 77 (1), which is - from the point of view of this article - a mistake as discrimination most of the
times involve a huge collective good aspect.
87 Adopted Nov. 4, 1950, 213 U.N.T.S. 221(entered into force Sept. 3, 1953).
88 Protocol No. 11 to the Convention for the Protection of Human Rights and Fundamental Freedoms,
restructuring the control machinery established hereby, adopted May 11, 1994, 33 I.L.M. 943 (entered into
force Nov. 1998).
89 O.A.S. Treaty Series No. 36, 1144 U.N.T.S. 123, 9 I.L.M. 673 (entered into force Jul. 18, 1978). As of 01
September 2004, 25 American nations out of 35 OAS members have ratified or have adopted the Convention.
90 Adopted June 27, 1981, OAU Doc. CAB/LEG/67/3 rev. 5, 21 I.L.M. 58 (1982), entered into force Oct. 21,
1986. The Charter has been ratified by all the OAU/AU member States.
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