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第一面 i n d e x ＞ 人権・人種・性の権利・差別 ＞ 「国際連合人権理事会」への申し立て
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「国際連合人権理事会」への申し立て
国際連合人権理事会は、個人、グループ、あるいは非政府組織からであっても、世界中からの「人権侵害の申し立て」を受け付けている。
『人権』と『基本的自由』の侵害に関する一切が、申し立て受け付けの基準となっている。
以下、国連の案内文（英語）
What are the criteria for a communication to be accepted for examination?
A communication related to a violation of human rights and fundamental freedoms is admissible, provided that:
- It is not manifestly politically motivated and its object is consistent with the Charter of the United Nations, the Universal Declaration of Human Rights and other applicable instruments in the field of human rights law;
- It gives a factual description of the alleged violations, including the rights which are alleged to be violated;
- Its language is not abusive. However, such a communication may be considered if it meets the other criteria for admissibility after deletion of the abusive language;
- It is submitted by a person or a group of persons claiming to be the victims of violations of human rights and fundamental freedoms, or by any person or group of persons, including non‑governmental organizations, acting in good faith in accordance with the principles of human rights, not resorting to politically motivated stands contrary to the provisions of the Charter of the United Nations and claiming to have direct and reliable knowledge of the violations concerned. Nonetheless, reliably attested communications shall not be inadmissible solely because the knowledge of the individual authors is second-hand, provided that they are accompanied by clear evidence;
- It is not exclusively based on reports disseminated by mass media;
- It does not refer to a case that appears to reveal a consistent pattern of gross and reliably attested violations of human rights already being dealt with by a special procedure, a treaty body or other United Nations or similar regional complaints procedure in the field of human rights;
- Domestic remedies have been exhausted, unless it appears that such remedies would be ineffective or unreasonably prolonged.
National human rights institutions, established and operating under the Principles Relating to the Status of National Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of addressing individual human rights violations.
How to submit communications?
Please fill out the complaint procedure form if you consider that your communication meets the abovementioned criteria.
Where to send communications?
Communications intended for handling under the Human Rights Council complaint procedure may be addressed to:
Complaint Procedure Unit
Human Rights Council Branch
Office of the United Nations High Commissioner for
Human Rights
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (41 22) 917 90 11
E-mail: CP@ohchr.org
Human Rights Council
Complaint Procedure Form
You are kindly requested to submit your complaint in writing in one of the six official UN languages (Arabic, Chinese, English, French, Russian and Spanish) and to use these languages in any future correspondence;
Anonymous complaints are not admissible;
It is recommended that your complaint does not exceed eight pages, excluding enclosures.
You are kindly requested not to use abusive or insulting language.
I. Information concerning the author (s) of the communication or the alleged victim (s) if other than the author
Individual FORMCHECKBOX
Group of individuals FORMCHECKBOX
NGO FORMCHECKBOX
Other FORMCHECKBOX
Last name: ………
First name(s): ………….
Nationality: ………
Address for correspondence on this complaint: ………..
Tel and fax: (please indicate country and area code) ……….
E-mail: ……….
Website: ……….
Submitting the complaint:
On the author’s own behalf: FORMCHECKBOX
On behalf of other persons: FORMCHECKBOX (Please specify: ………………..)
II. Information on the State concerned
Name of the State concerned and, as applicable, name of public authorities responsible for the alleged violation(s): …………..
III. Facts of the complaint and nature of the alleged violation(s)
The complaint procedure addresses consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances.
Please detail, in chronological order, the facts and circumstances of the alleged violations including dates, places and alleged perpetrators and how you consider that the facts and circumstances described violate your rights or that of the concerned person(s). ……..…………………………………………………………………………………………...
………………………………………………………………………………………………….
…………………………………………………………………………………………………..
…………………………………………………………………………………………………..
…………………………………………………………………………………………………..
…………………………………………………………………………………………………..
IV. Exhaustion of domestic remedies
1- Steps taken by or on behalf of the alleged victim(s) to exhaust domestic remedies– please provide details on the procedures which have been pursued, including recourse to the courts and other public authorities as well as national human rights institutions, the claims made, at which times, and what the outcome was:
…………………..
2- If domestic remedies have not been exhausted on grounds that their application would be ineffective or unreasonably prolonged, please explain the reasons in detail:
…………………………
V. Submission of communication to other human rights bodies
1- Have you already submitted the same matter to a special procedure, a treaty body or other United Nations or similar regional complaint procedures in the field of human rights?
……………
2- If so, detail which procedure has been, or is being pursued, which claims have been made, at which times, and the current status of the complaint before this body:
…………………………
VI. Request for confidentiality
In case the communication complies with the admissibility criteria set forth in Council resolution 5/1, kindly note that it will be transmitted to the State concerned so as to obtain the views of the latter on the allegations of violations.
Please state whether you would like your identity or any specific information contained in the complaint to be kept confidential.
Request for confidentiality (Please tick as appropriate):
Yes FORMCHECKBOX
No FORMCHECKBOX
Please indicate which information you would like to be kept confidential
Date: ………………… Signature: …………………….
N.B. The blanks under the various sections of this form indicate where your responses are required. You should take as much space as you need to set out your responses. Your complaint should not exceed eights pages.
VII. Checklist of supporting documents
Please provide copies (not original) of supporting documents (kindly note that these documents will not be returned) in one of the six UN official languages.
- Decisions of domestic courts and authorities on the claim made (a copy of the relevant national legislation is also helpful): FORMCHECKBOX
- Complaints sent to any other procedure mentioned in section V (and any decisions taken under that procedure): FORMCHECKBOX
- Any other evidence or supporting documents deemed necessary: FORMCHECKBOX
VIII. Where to send your communications?
Office of the United Nations High Commissioner for
Human Rights
Human Rights Council Branch-Complaint Procedure Unit
OHCHR- Palais Wilson
United Nations Office at Geneva
CH-1211 Geneva 10, Switzerland
Fax: (+41 22) 917 90 11
E-mail: HYPERLINK "mailto:CP@ohchr.org" CP@ohchr.org
Website: HYPERLINK "http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx" http://www.ohchr.org/EN/HRBodies/HRC/Pages/HRCIndex.aspx
National human rights institutions, established and operating under the Principles Relating to the Status of National Institutions (the Paris Principles), in particular in regard to quasi-judicial competence, may serve as effective means of addressing individual human rights violations.
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