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

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346 PRACTITIONERS GUIDE No. 12<br />

2. Non-judicial mechanisms taking individual<br />

petitions<br />

Many of the Special Procedures established by the UN Human<br />

Right Council <strong>to</strong> address particular issues (“thematic<br />

mandates”), <strong>to</strong> which independent experts are appointed as<br />

“mandate-holders”, will receive and address individual<br />

“communications”. Once a communication is received, they will<br />

take it in<strong>to</strong> consideration, and then, at their discretion, they will<br />

decide whether <strong>to</strong> contact the concerned State requesting an<br />

answer <strong>to</strong> the allegations. The communications will generally be<br />

published in the Annual Report of the relevant Special<br />

Procedure. These communications do not depend on whether<br />

the State concerned is a party <strong>to</strong> a particular human rights<br />

treaty, and domestic remedies do not need <strong>to</strong> be exhausted.<br />

Furthermore, Special Procedures are not bound by the<br />

prohibition of duplication of complaints, so that it is possible <strong>to</strong><br />

present the same communication <strong>to</strong> more Special Procedures<br />

or <strong>to</strong> Special Procedures and one judicial or quasi-judicial<br />

human rights body. In addition <strong>to</strong> these Special Procedures,<br />

there also exists the Human Rights Council Complaint<br />

Procedure established <strong>to</strong> address consistent patterns of gross<br />

and reliably attested violations of all human rights and all<br />

fundamental freedoms occurring in any part of the world and<br />

under any circumstances. 941<br />

a) Basic Procedural Standards of Special Procedures<br />

The UN Special Procedures follow in the consideration of<br />

communications some basic procedural standards that are<br />

enshrined in the Manual of Operations of the Special<br />

Procedures of the Human Rights Council 942 and in the Code of<br />

941<br />

See http://www2.ohchr.org/english/bodies/chr/complaints.htm.<br />

942<br />

Manual of Operations of the Special Procedures of the Human<br />

Rights Council, adopted at the 15 th Annual Meeting of Special<br />

Procedures, June 2008, available at

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