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The United Nations Human Rights Treaties

Rules of Procedure of the Committee on the Rights of Persons with Disabilities Concerning Communications

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/C/4/2 (August 2010)

Methods of communication

Rule 24

The methods of communication used by the Committee will include: languages, display of text, Braille, tactile communication, large print, accessible multimedia as well as written, audio, plain-language, human-reader and augmentative and alternative modes, means and formats of communication, including accessible formats that may become available in the future through advances made in information and communication technology. The Committee will adopt its standard list of accessible formats of communication.

XIV. Procedure for the consideration of communications received under the Optional Protocol

A. Transmission of communications to the Committee

Transmission of communications to the Committee

Rule 55

1. The Secretary-General shall bring to the attention of the Committee, in accordance with the present Rules, communications which are or appear to be submitted for consideration by the Committee under article 1 of the Optional Protocol.

2. The Secretary-General may request clarification from the author or authors of a communication as to whether they wish to have the communication submitted to the Committee for consideration under the Optional Protocol. Where there is doubt as to the intent of the author or authors, the Secretary-General shall bring the communication to the attention of the Committee

3. The Committee may receive communications in alternative formats, in accordance with Rule 24 of the present Rules of Procedure.

4. No communication shall be received by the Committee if it concerns a State which is not a party to the Optional Protocol.

Registration of communications

Rule 56

1. The Secretary-General shall maintain a permanent record of all communications submitted for consideration by the Committee under article 1 of the Optional Protocol.

2. The full text of any communication brought to the attention of the Committee that fulfils all preliminary criteria for its registration shall be made available in the language of submission to any member of the Committee upon request by that member.

Request for clarification of additional information

Rule 57

1. The Secretary-General may request clarification from the author of a communication concerning the applicability of the Optional Protocol to the communication including:

(a) The victim’s/author’s identity, such as name, address, date of birth and occupation, or other forms of identifying details/data of the author(s)/victim(s);

(b) The name of the State party against which the communication is directed;

(c) The object of the communication;

(d) The provision or provisions of the Convention alleged to have been violated;

(e) The facts of the claim;

(f) Steps taken by the author and/or alleged victim to exhaust domestic remedies;

(g) The extent to which the same matter is being examined under another procedure of international investigation or settlement.

2. When requesting clarification or information, the Secretary-General shall indicate to the author/s of the communication a time-limit within which such information should be submitted.

3. The Committee may approve a questionnaire to facilitate requests for clarification or information from the alleged victim and/or author of a communication.

Information to Committee members

Rule 58

Information regarding registered communications shall be made available to members of the Committee at regular intervals by the Secretary-General.

B. General provisions regarding the consideration of communications by the Committee

Public and closed meetings

Rule 59

1. Meetings of the Committee or its working groups during which communications under the Optional Protocol are examined shall be closed. Meetings during which the Committee may consider general issues such as procedures for the application of the Optional Protocol may be public if the Committee so decides.

2. The Committee may issue communiqués, through the Secretary-General, for the use of the information media and the general public regarding the activities of the Committee at its closed meetings.

Inability of a member to take part in the examination of a communication

Rule 60

1. A member shall not take part in the examination of a communication by the Committee if:

(a) The member has any personal interest in the case;

(b) The member has participated in the making of any decision on the case covered by the communication in any capacity other than under the procedures established under the Optional Protocol;

(c) The member is a national of the State party against which the communication is directed.

2. Any question which may arise under paragraph 1 above shall be decided by the Committee without the participation of the member concerned.

Withdrawal of a member

Rule 61

If, for any reason, a member considers that she or he should not take part or continue to take part in the examination of a communication, the member shall inform the Chairperson of her or his withdrawal.

Participation of members

Rule 62

Members participating in a decision should sign an attendance sheet acknowledging their participation or indicating their inability to take part or withdrawal from the examination of a communication. The information on the attendance sheet should be reflected in the decision.

Establishment of working groups and designation of Rapporteurs

Rule 63

1. The Committee may establish one or more working group/s and may designate one or more Rapporteur/s to make recommendations to the Committee and to assist it in any manner in which the Committee may decide.

2. The Rules of Procedure of the Committee shall apply as far as possible to the meetings of its working groups.

Interim measures

Rule 64

1. At any time after the receipt of a communication and before a determination on the merits has been reached, the Committee may transmit to the State party concerned, for its urgent consideration, a request that it take such interim measures as the Committee considers necessary to avoid irreparable damage to the victim or victims of the alleged violation.

2. Where the Committee or the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, requests interim measures under this Rule, the request shall state that it does not imply a determination on the merits of the communication.

3. The State party may present arguments on why the request for interim measures should be lifted.

4. On the basis of the explanations or statements submitted by the State party the Committee or the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, may withdraw the request for interim measures.

Method of dealing with communications

Rule 65

1. The Committee shall by simple majority and in accordance with the following Rules, decide whether the communication is admissible or inadmissible under the Optional Protocol.

2. A working group established under Rule 63, paragraph 1, of these Rules may declare that a communication is admissible under the Optional Protocol provided that all its members so decide.

3. A working group established under Rule 63, paragraph 1, of these Rules may declare a communication inadmissible provided that all the members so agree. The decision will be transmitted to the Committee plenary, which may confirm it without formal discussion. If any Committee member requests a plenary discussion, the plenary will examine the communication and take a decision.

Order of review of communications

Rule 66

Communications shall be dealt with in the order in which they are received by the Secretariat, unless the Secretary-General, the Committee or a working group decides otherwise.

Joint consideration of communications

Rule 67

Two or more communications may be dealt with jointly if deemed appropriate by the Committee, the Special Rapporteur or a working group established under Rule 63, paragraph 1, of these Rules.

Conditions of admissibility of communications

Rule 68

1. With a view to reaching a decision on the admissibility of a communication, the Committee, or a working group, shall apply the criteria set forth in articles 1 and 2 of the Optional Protocol.

2. With a view to reaching a decision on the admissibility of a communication, the Committee shall apply the criteria set forth in article 12 of the Convention recognizing the legal capacity of the author or victim before the Committee, regardless of whether this capacity is recognized in the State party against which the communication is directed.

Authors of communications

Rule 69

Communications may be submitted by or on behalf of individuals or groups of individuals.

Procedures with regard to communications received

Rule 70

1. As soon as possible after the communication has been registered, and provided that the individual or group of individuals consent(s) to the disclosure of her/his/their identity or other forms of identifying details/data to the State party concerned, which is a prerequisite for registration, the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, shall bring the communication confidentially to the attention of the State party and shall request that State party to submit a written reply to the communication.

2. Any request made in accordance with paragraph 1 of the present Rule shall include a statement that the request does not imply that any decision has been reached on the question of the admissibility of the communication.

3. Within six months after receipt of the Committee’s request under the present Rule, the State party concerned shall submit to the Committee written explanations or statements that shall relate both to the admissibility of the communication and its merits, and also to any remedy that may have been provided in the matter.

4. The Committee may, because of the exceptional nature of a communication, request written explanations or statements that relate only to the admissibility of that communication. A State party that has been requested to submit a written reply that relates only to the question of admissibility is not precluded thereby from submitting, within six months of the request, a written reply that relates to both the communication’s admissibility and its merits.

5. A State party that has received a request for a written reply under paragraph 1 of the present Rule may submit a request in writing that the communication be rejected as inadmissible, setting out the grounds for such inadmissibility, and requesting that the admissibility of the communication be considered separately from the merits. Such a request should be submitted to the Committee within two months of the request made under paragraph 1.

6. If the State party concerned disputes the contention of the author or authors, in accordance with article 2(d) of the Optional Protocol, that all available domestic remedies have been exhausted, the State party shall give details of the remedies available to the alleged victim or victims in the particular circumstances of the case.

7. If the State party concerned disputes the legal capacity of the author or authors under article 12 of the Convention, the State party shall give details of the laws and remedies available to the alleged victim or victims in the particular circumstances of the case.

8. On the basis of the information provided by the State party to support its request for a rejection and separate consideration of admissibility, the Committee, a working group or the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, may decide to consider the admissibility of the communication separately from the merits.

9. Submission by the State party of a request in accordance with paragraph 5 of the present Rule shall not extend the period of six months given to the State party to submit its written explanations or statements on the merits, unless the Committee, a working group, or the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, decides to extend the time for submission for such a period as the Committee considers appropriate.

10. The Committee, a working group or the Special Rapporteur on Communications under the Optional Protocol, acting on behalf of the Committee, may request the State party or the author or authors of the communication to submit, within specified time limits, additional written explanations or statements relevant to the question of admissibility or the merits of a communication.

11. The Committee, a working group or the Special Rapporteur, acting on behalf of the Committee, shall transmit to each party the submissions made by the other party pursuant to the present Rule and shall afford each party an opportunity to comment on submissions within fixed time limits.

Inadmissible communications

Rule 71

1. Where the Committee decides that a communication is inadmissible under article 2(d) of the Optional Protocol, it shall as soon as possible communicate its decision and the reasons for that decision, through the Secretary-General, to the author(s) of the communication and to the State party concerned.

2. A decision of the Committee declaring a communication inadmissible under article 2(d) of the Optional Protocol may be reviewed at a later date by the Committee upon receipt of a written request submitted by or on behalf of the individual concerned containing information indicating that the reasons for inadmissibility referred to in article 2(d) no longer apply.

3. Any member of the Committee who has participated in the decision regarding admissibility may request that a summary of his or her individual opinion be appended to the Committee’s decision declaring a communication inadmissible. Rule 73, paragraph 6, on the submission of individual opinions set out below also applies here.

Additional procedure regarding consideration of admissibility separately from the merits

Rule 72

1. In those cases in which the issue of admissibility is decided by the Committee or a working group before the State party’s written explanation or statement on the merits of the communication is received, if the Committee or a working group decides that the communication is admissible, that decision and all other relevant information shall be submitted, through the Secretary-General, to the State party concerned. The author of the communication shall also be informed, through the Secretary-General, of the decision.

2. Any member of the Committee who has participated in the decision declaring a communication admissible may request that a summary of his or her individual opinion be appended to it. Rule 73, paragraph 6, on the submission of individual opinions set out below, also applies here.

3. Upon consideration of the merits the Committee may review its decision that a communication is admissible in the light of any explanation or statements submitted by the State party.

Views of the Committee

Rule 73

1. Where the parties have submitted information relating both to the admissibility and the merits of a communication, or in which a decision on admissibility has already been taken and the parties have submitted information on the merits of that communication, the Committee shall consider and formulate its views on the communication in the light of all written information made available to it by the author or authors of the communication and the State party concerned, provided that this information has been submitted to the other party concerned.

2. The Committee or a working group may, at any time in the course of the examination of a communication, obtain through the Secretary-General any documentation from organizations within the United Nations system or other bodies that may be of assistance in the consideration of the communication, provided that the Committee shall afford each party an opportunity to comment on such documentation or information within fixed time limits.

3. The Committee may refer any communication to a working group to make recommendations to the Committee on the merits of the communication.

4. The Committee shall not decide on the merits of the communication without having considered the applicability of all the admissibility grounds referred to in articles 1 and 2 of the Optional Protocol.

5. The Secretary-General shall transmit the views of the Committee, determined by a simple majority, together with any recommendations, to the author or authors of the communication and to the State party concerned.

6. Any member of the Committee who has participated in the decision may request that a summary of his or her individual opinion be appended to the Committee’s views. Such individual opinions should be submitted by the member(s) concerned within two weeks of the receipt by the member(s) concerned of the final text of the decision/views in the working language of the member(s).

Discontinuation of communications

Rule 74

The Committee may discontinue communications in certain circumstances, including when the reasons behind the submission of the communication have become moot.

Follow-up on views of the Committee

Rule 75

1. Within six months of the Committee’s transmittal of its views on a communication, the State party concerned shall submit to the Committee a written response, including any information on any action taken in the light of the views and recommendations of the Committee.

2. Subsequently, the Committee may invite the State party concerned to submit further information about any measures the State party has taken in response to its views or recommendations.

3. The Committee may request the State party to include information on any action taken in response to its views or recommendations in its reports under article 35 of the Convention.

4. The Committee shall designate for follow-up on views adopted under article 5 of the Optional Protocol a Special Rapporteur or working group to ascertain the measures to be taken by States Parties to give effect to the Committee’s views.

5. The Special Rapporteur or working group may make such contacts and take such action as is appropriate for the due performance of their assigned functions and shall make such recommendations for further action by the Committee as may be necessary.

6. The Special Rapporteur or working group in charge of the follow-up mandate may, with the approval of the Committee and the State party itself, make any necessary visits to the State party concerned.

7. The Special Rapporteur or working group shall regularly report to the Committee on follow-up activities.

8. The Committee shall include information on follow-up activities in its report under article 39 of the Convention.

Confidentiality of communications

Rule 76

1. Communications under the Optional Protocol shall be examined by the Committee or a working group in closed meetings.

2. All working documents prepared by the Secretariat for the Committee, a working group or Rapporteur, including summaries of communications prepared prior to registration, the list of summaries of communications shall remain confidential, unless the Committee decides otherwise.

3. The Secretary General, the Committee, a working group or Rapporteur shall not make public any submission or information relating to a pending communication.

4. Paragraph 1 of this Rule shall not affect the right of the author or authors of a communication, the alleged victim or victims or the State party concerned to make public any submissions or information bearing on the proceedings. However, the Committee, working group or Rapporteur may, as deemed appropriate, request the author or authors of a communication, the alleged victim or victims or the State party concerned to keep confidential the whole or part of any such submissions or information.

5. The Committee’s decisions declaring communications inadmissible and decisions on the merits and discontinuances shall be made public. Separate decisions on admissibility (see Rule 72 above) shall not be made public until the Committee has considered the merits of the communication.

6. The Committee may decide that the names and identifying details of the author or authors of a communication or the alleged victim or victims of a violation of the provisions of the Convention not be disclosed in its decisions declaring communications inadmissible or decisions on the merits or discontinuance. The Committee shall take such decisions on its own initiative or upon request of the author or authors or alleged victim or victims or State party.

7. The Secretariat is responsible for the distribution of the Committee’s final decisions. It shall not be responsible for the reproduction and the distribution of submissions concerning communications.

8. Unless the Committee decides otherwise, information provided in follow-up to the Committee’s views and recommendations under article 5 of the Convention shall not be confidential. Unless the Committee decides otherwise, decisions of the Committee with regard to follow-up activities shall not be confidential.

9. The Committee shall include in its report under article 39 of the Convention information on its activities under articles 1 to 5 of the Optional Protocol.

Dissemination of information on the Committee’s activities

Rule 77

The Committee may issue communiqués regarding its activities under articles 1 to 5 of the Optional Protocol. The Secretary-General shall disseminate these communiqués through the most accessible formats.