Part II Admissibility Under the ICCPR, 3 The ‘Victim’ Requirement
From: The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary (3rd Edition)
Sarah Joseph, Melissa Castan
- Subject(s):
- Collective rights — Women, rights — Children, rights — Legal representation, right to — NGOs (Non-Governmental Organizations) — Representation of states in international organizations — Corporations — International criminal law, victims
[3.01] Article 1 of the Optional Protocol (OP) states that petitions must be submitted by individuals who believe themselves to be victims of a breach of the ICCPR. In the Mauritian Women’s Case (35/78), the Committee made the following oft-quoted statement: ¶9.2. …A person can only claim to be a victim in the sense of article 1 of the Optional Protocol if he or she is actually affected. It is a matter of degree how concretely this requirement should be taken. However, no individual can in the abstract, by way of an actio popularis, challenge a law or practice...
