Universal-MigrationHRlaw-PG-no-6-Publications-PractitionersGuide-2014-eng

300 | PRACTITIONERS GUIDE No. 6of a violation or might suffer from what could be called “collateral violations”.It is recognised, for example, that the relatives of a victimof torture or disappearance might find their right not to be subject toill-treatment violated by the mere fact of having been exposed to thissituation. 1284 Finally, in cases of expulsion which might infringe a State’shuman rights obligations, because they could be contrary to the principleof non-refoulement or disproportionally interfere with the right torespect for family life, an individual can be a victim despite the fact thatpotential and not actual violations are at issue (see, Chapter 2).ii) Mechanisms for individual complaintsUniversal treaty bodies do not provide for collective complaints. Thegeneral rule is that complaints may be submitted by individuals whoclaim to be victims of a violation by the State Party of any of the rightsset forth in human rights treaty for which the treaty body has competence.1285 If the violation concerns a group of people, they can submitas a group. 1286 The complaint may be submitted by the individual personallyor by a third party acting on behalf of the individual or groups1284 See, Quinteros Almeida v. Uruguay, CCPR, Communication No. 107/1981, Views of 21 July1983, para. 14; Staselovich and Lyashkevich v. Belarus, CCPR, Communication No. 887/1999,Views of 3 April 2003, para. 9.2. See, Kurt v. Turkey, ECtHR, op. cit., fn. 724.1285 See, Article 1, Optional Protocol to the International Covenant on Civil and Political Rights(OP-ICCPR); Article 2 Optional Protocol to the International Covenant on Economic, Social andCultural Rights, adopted by General Assembly resolution No. 63/117, UN Doc. A/RES/63/117,10 December 2008 (OP-ICESCR); Article 2, Optional Protocol to the Convention on the Eliminationof All Forms of Discrimination against Women (OP-CEDAW); Rule 113(a), Rules ofProcedure of the Committee against Torture, UN Doc. CAT/C/3/Rev.6, 13 August 2013 (CATRules of Procedure); Rule 91(b), Rules of Procedure of the Committee on the Elimination ofRacial Discrimination (CERD Rules of Procedure). See also, Rule 68.1, Rules and Procedures ofthe Committee on the Elimination of Discrimination against Women, UN Doc. A/56/38 (SUPP),as amended by A/62/38 (SUPP, Chapter V) (CEDAW Rules of Procedure); Article 5, OptionalProtocol to the Convention on the Rights of the Child on a Communications Procedure (OP-CRC-CP); Rule 13, Rules of Procedure under the Optional Protocol to the Convention on theRights of the Child on a Communications Procedure, UN Doc. CRC/C/62/3, 16 April 2013 (CRCRules of Procedure); Rule 4, Provisional Rules of Procedure under the Optional Protocol tothe International Covenant on Economic, Social and Cultural Rights, UN Doc. E/C.12/49/3,15 January 2013 (CESCR Provisional Rules of Procedure); Article 1, Optional Protocol to theConvention on the Rights of Persons with Disabilities (OP-CRPD); Rule 69, Rules of Procedureof the Committee on the Rights of Persons with Disabilities, UN Doc. CRPD/C/4/2, 13 August2010 (CRPD Rules of Procedure); Rule 68, Rules of Procedure of the Committee on EnforcedDisappearances, UN Doc. CED/C/1, 22 June 2012 (CED Rules of Procedure).1286 This requirement, valid for all treaty bodies, is made explicit in Article 2 OP-ICESCR andArticle 2 OP-CEDAW. See also, Rule 68.1, CEDAW Rules of Procedure; Article 5, OptionalProtocol to the Convention on the Rights of the Child on a Communications Procedure, notyet into force (OP-CRC-CP); Rule 13, Rules of Procedure under the Optional Protocol to theConvention on the Rights of the Child on a Communications Procedure, UN Doc. CRC/C/62/3,16 April 2013 (CRC Rules of Procedure); Rule 4, Provisional Rules of Procedure under theOptional Protocol to the International Covenant on Economic, Social and Cultural Rights,UN Doc. E/C.12/49/3, 15 January 2013 (CESCR Provisional Rules of Procedure); Article 1,Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD);Rule 69, Rules of Procedure of the Committee on the Rights of Persons with Disabilities,UN Doc. CRPD/C/4/2, 13 August 2010 (CRPD Rules of Procedure).