Migration and International Human Rights Law - Hans & Tamar ...

MIGRATION AND INTERNATIONAL HUMAN RIGHTS LAW 253violations: for example the lack of investigation into responsibility for violationsof human rights law, if the State did not remedy it before the entry intoforce of the treaty. 1157• Breach of obligation to prevent: this situation occurs when the State has anobligation to prevent a given event, but fails to do so. The breach extendsover the entire period during which the event continues and remains in violationof that obligation. 1158ii) Material jurisdiction (“ratione materiae”)This kind of jurisdiction relates to the treaty or the international obligation of whichthe international mechanism is the “guardian”. It means that it is not possibleto raise before an international mechanism human rights violations that are notcovered by the relevant treaty.In assessing whether there is material jurisdiction, it should be borne in mind thatevolutive interpretation has led to an expansion of the scope of certain humanrights. For example, it is possible to argue against a forced eviction under the ICCPRand the ECHR claiming a violation of the right to respect for the home and for privateand family life. Also, the creation of conditions of life leading to a situation of destitutionmight constitute a violation of the right to life (see, Box No. 14, and Chapter 5,Section II.1(c)(iii)). The boundaries between civil and political and social, economicand cultural rights, and among different treaties must not be viewed strictly and acareful analysis of the mechanisms’ jurisprudence is recommended.The “Human Rights Committee” (CCPR) is competent ratione materiae for breachesof the International Covenant on Civil and Political Rights (ICCPR); the “Committeeagainst Torture” (CAT) for the Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment (CAT); the “Committee on the Elimination ofRacial Discrimination” (CERD) for the International Convention on the Eliminationof All Forms of Racial Discrimination (ICERD): the “Committee on the Elimination ofDiscrimination against Women” (CEDAW) for the Convention on the Elimination of AllForms of Discrimination against Women (CEDAW); and the “Committee on MigrantWorkers” (CMW) for the International Convention on the Protection of the Rights ofAll Migrant Workers and Members of Their Families (ICRMW). The “Committee onEconomic, Social and Cultural Rights” (CESCR) will be competent for breaches ofthe International Covenant on Economic, Social and Cultural Rights (ICESCR) when1157. See, Article 14.2, ILC Draft Articles on State Responsibility. See, Lovelace v. Canada, CCPR, CommunicationNo. R.6/24, Views of 30 July 1981. See, Moldovan and others (2) v. Romania, ECtHR, op. cit., fn. 859, paras.104-106.1158. See, Article 14.3, ibid.