Making International Human Rights Protection More Effective: A Rational-Choice Approach to the Effectiveness of Ius Standi Provisions

or meet with its representatives to discuss the action taken.¹²¹ Unless, exceptionally, the informa-
tion on implementation is suppressed, it is published together with the action taken by the Spe-
cial Rapporteur in an annual report on follow-up.¹²²

b. International Convention on the Elimination of Racial Discrimination (CERD)

The CERD contains several undertakings for states (Art. 2, 6, 7 CERD), but does also include
individual civil and political as well as economic, cultural and social rights in Art. 5. Among the
latter are the right to work, to free choice of employment, to just and favorable conditions of
work, to protection against unemployment, to equal pay for equal work, to just and favorable
remuneration; the right to form and join trade unions; the right to public health, medical care,
social security and social services; the right to education and training and the right to equal par-
ticipation in cultural activities. Some of those rights may only be collectively exercised, e.g. the
right to freedom of peaceful assembly and association, some aspects of the freedom of religion
and the right to form and join trade unions. Furthermore, in most of the cases, discrimination
issues are affecting a whole group of individuals discriminated against. In the sense of this arti-
cle, we may thus speak of a collective right.

Compliance with the CERD is supervised by the Committee on the Elimination of Racial Dis-
crimination (CERD Committee, established under Art. 8 of CERD), i.a. by receiving petitions
from individuals and groups of individuals claiming violations of their rights under the CERD
(Art. 14).¹²³ In contrast to complaints under the FOP to the CCPR or the CAT, complaints under
CERD may explicitly be brought not only by individuals but also by groups of individuals;
joinders are thus explicitly permitted.¹²⁴ Like all committees, the CERD Committee holds on to
the victim requirement and does not permit actio popularis or NGO complaints, if the latter can-
not show that it or a member of it is a potential victim under CERD.¹²⁵

121   Rule 95 of the HRC Rules of Procedure.

122  Rule 97 of the HRC Rules of Procedure. The views of the HRC are usually made public (Rule 96).

123 See generally for the compliance mechanisms under the CERD Rüdiger Wolfrum, “ International Convention
on the Elimination of All Forms of Racial Discrimination”, in: Eckart Klein (ed.), The Monitoring System of
Human Rights Treaty Obligations, 1998, Berlin, 49-69.

124 Art. 14 (1) CERD.

125 The potential victim notion follows the jurisdiction of the HRC. See e.g. The Documentation and Advisory
Centre on Racial Discrimination v. Denmark, Communication No. 28/2003, U.N. GAOR 57th. Sess., U.N.
Doc A/57/18 (2002), Annex III.B, p. 134-140 (2002) dealt with an alleged discriminatory job advertisement
by a Danish firm. The Committee held that it did not exclude the possibility that a group of persons
representing, for example, the interests of a racial or ethnic group, may submit an individual communication,
provided that it is able to prove that it has been an alleged victim of a violation of the Convention or that one
of its members has been a victim, and if it is able at the same time to provide due authorization to this effect
(at 6.4.). While the relevant section of the Danish law prohibits discrimination of all persons of non-Danish
origin in job advertisements, whether they apply for a vacancy or not, it does not automatically follow that
persons not directly and personally affected by such discrimination may claim to be victims of a violation of
any of the rights guaranteed in the Convention. Any other conclusion would open the door for popular
actions against the relevant legislation of States parties (at 6.7.).

More extensive though in A. Koptova v. Slovakia, Communication No. 13/1998, UN GAOR 55th Sess.,
Supp. No. 18, U. N. Doc. (A/55/18) at 137 (2000) where the CERD Committee was of the view, contrary to
the State Party, that the author could be considered a "victim" within the meaning of article 14, paragraph 1,
of the Convention, since she belonged to a group of the population directly targeted by the laws in question,

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