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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

Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
01 July 2013
ISBN:
9780199641949

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 26 January 2021

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...
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