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322 PRACTITIONERS GUIDE No. 12
d) Friendly Settlement
The CESCR is the only Committee which expressly provides for
the possibility of reaching a friendly settlement. The settlement
must be on the basis of the respect for the obligations set forth
in the Covenant and closes the communication procedure. 839
While other UN human rights treaties and corresponding rules
of procedure do not expressly provide for a procedure of
friendly settlement, in practice the Committees may provide
their good offices for reaching this kind of agreement if the
parties so desire. 840
e) Interim Measures
Interim measures can be issued by the human rights body to
which the case has been submitted, when they are desirable to
avoid irreparable damage to the victim of the alleged violation
from the moment of the communication of the case until the
reaching of a final decision. 841 The Human Rights Committee 842
and the Committee against Torture 843 have confirmed in their
jurisprudence the binding nature of interim measures. Given
839
Article 7 OP-ICESCR.
840
See, Catarina de Albuquerque, Elements for an optional protocol to
the International Covenant on Economic, Social and Cultural Rights,
Analytical paper by the Chairperson-Rapporteur, Open-ended working
group on an optional protocol to the International Covenant on
Economic, Social and Cultural Rights, UN Doc. E/CN.4/2006/WG.23/2,
30 November 2005, para. 14; and CESCR, Report to the Commission
on Human Rights on a draft optional protocol for the consideration of
communications in relation to the International Covenant on
Economic, Social and Cultural Rights, UN Doc. E/CN.4/1997/105, 18
December 1996, para. 38.
841
See, Rule 92, CCPR Rules of Procedure; Article 5.1 OP-ICESCR;
Rule 114, CAT Rules of Procedure; Rule 94.3, CERD Rules of
Procedure; Article 5.1 OP-CEDAW; Rule 63, CEDAW Rules of
Procedure.
842
See, fn. 1363.
843
See, fn. 1364.