Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

314 PRACTITIONERS GUIDE No. 12
hinder in any way the effective exercise” of the right to submit
individual applications. 803 Furthermore, many States Parties to
the ECHR are also parties to the European Agreement relating
to Persons Participating in Proceedings of the European Court of
Human Rights, which provides for certain protections and
immunities. 804
The OP-ICESCR also requires the State Party to “take all
appropriate measures to ensure that individuals under its
jurisdiction are not subject to any form of ill-treatment or
intimidation as a consequence of communicating with the
Committee pursuant to the present Protocol”. 805 These
measures include positive obligations to protect against a wide
range of “ill-treatment and intimidation”, such as undue
interference and pressure against physical, moral and
psychological integrity of the person who communicated the
case or of all persons that can suffer adverse consequences as
a result of the presentation of the communication. 806 States
Parties to the OP-CEDAW undertake to “take all appropriate
steps to ensure that individuals under its jurisdiction are not
subjected to ill treatment or intimidation as a consequence of
communicating with the Committee”. 807 Where the Committee,
receives reliable information that a State Party has breached
these obligations it may request written explanations or
clarification. 808
803
Article 34 ECHR.
804
See, European Agreement relating to Persons Participating in
Proceedings of the European Court of Human Rights, Strasbourg, 5
March 1996.
805
Article 13 OP-ICESCR. See also, Rule 4, CRC Rules of Procedure.
806
Inter-American Institute of Human Rights and International
Commission of Jurists, Commentary to the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights,
English edition, 2010, p. 100.
807
Article 11 OP-CEDAW.
808
Rule 91.2, CEDAW Rules of Procedures.