Directly accessible UN human rights protection procedures to an individual

 There are a number of institutions established in the UN system, which provide for a direct access to human rights protection procedures for an individual. The individual may immediately submit a complaint, concerning human rights violations, to those institutions.

 · The Sub-Commission on Prevention of Discrimination and Protection of Minorities

The range of activities of the Sub-Commission on Prevention of Discrimination and Protection of Minorities covers the problem solving of minorities.

The Sub-Commission on Prevention of Discrimination and Protection of Minorities is one of the institutions that put into practice the Procedure defined in the UN Economic and Social Council's 27 May 1970 Resolution No.1503 (hereinafter – Procedure 1503). The so called Procedure 1503 is the only one that applies to every UN Member State that cannot secede from the Procedure. In the Procedure the right to submit a complaint to the UN about sustained, systematic and gross violations of human rights in one of the UN Member State is provided for an individual, for a group of individuals or for a non-governmental organisation. The merits of the complaints of individual applicants are not considered, but a decision is made about whether, taking into account the complaints, the situation in the State needs to be paid attention to. The Procedure is confidential.

 · The Commission on Human Rights

The establishment of the Commission on Human Rights is provided for in the International Covenant on Civil and Political Rights adopted in 1966. An individual has the right to apply to the Commission in the case of the violations of the Covenant.

In order to apply to the Commission on Human Rights, the individual shall be under the jurisdiction of one the Member States of the Covenant or of its Optional protocol that determine the rights of the individual to apply to the Commission on Human Rights. In the same way, an application can be submitted only against the Member State of the Covenant and of the protocol (Latvia has recognised the competence of the Commission on Human Rights to receive and to consider complaints and applications of the individuals that are under its jurisdiction). The subject of the application shall be the violation of the rights defined in the Covenant and it shall not be anonymous. Before submitting the application, all domestic remedies shall be exhausted. The applicant shall not abuse the right to apply to the Commission and the application may not already be considered in another international human rights organisation.

After the submission of the complaint, the Commission on Human Rights reports about it the Member State, against which the complaint is submitted. The Member State has the right to submit observations on this matter. The Commission on Human Rights considers the materials submitted by the parties in a closed meeting, after which the decision made is announced to the parties.

As the Commission on Human Rights is not a judicial authority, its decisions are not binding, but the Member State of the Covenant shall take into account the decisions of the Commission on Human Rights and shall eliminate the faults indicated in the decision.

· The Committee on the Elimination of Racial Discrimination

In the International Convention of 1966 on the Elimination of All Forms of Racial Discrimination, the establishment of the Committee on the Elimination of Racial Discrimination is provided for. In accordance with the Convention, its Member State can at any time declare that it recognises the right of the Committee on the Elimination of Racial Discrimination to receive and to consider the applications from the individuals that are under its jurisdiction about the violations of the standards and principles of the Convention that have been committed by the State.

In order to apply to the Committee on the Elimination of Racial Discrimination, the applicant (an individual, a group of individuals or a non-governmental organisation) must be under the jurisdiction of the State, against which the complaint is made and which has recognised the competence of the Committee on the Elimination of Racial Discrimination to consider such applications (Latvia has not recognised the competence of the Committee on the Elimination of Racial Discrimination to receive and to consider complaints and applications of the individuals that are under its jurisdiction). In the same way, all domestic remedies shall be exhausted (except the cases when at the domestic level the process is groundlessly long) and the final domestic decision shall be made not latter than six months before the submission of the complaint. The application shall not be anonymous.

After the receipt of the application, the Committee on the Elimination of Racial Discrimination informs the Member State about the receipt of the complaint (if the applicant has noted, he can stay anonymous), and opportunity to prepare its observations on this matter, as well as proposes the possible manner of solving the problem. After considering all the given information, the Committee on the Elimination of Racial Discrimination informs the Member State and the applicant about its suggestions and recommendations. Similarly to the Commission on Human Rights, the recommendations are not binding, but they indicate to the violations of the Convention committed by the State, which the State must eliminate.

· The Committee against Torture

The Convention of 1984 against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment determines the establishment of the Committee against Torture.

In order to enable the applicant to apply to the Committee against Torture, the Member State of the Convention, within which jurisdiction the applicant is, shall have been recognised the competence of the Committee against Torture to consider such applications (Latvia has not recognised the competence of the Committee against Torture to receive and to consider complaints and applications of the individuals that are within its jurisdiction). All domestic remedies shall be exhausted before applying. The application shall not be anonymous or malicious or submitted to another international human rights organisation.

After the receipt of the application, the Committee against Torture informs the Member State and it has to prepare its observations. All the received information is considered in a closed meeting, where the opinion of the Committee against Torture is made.

 · The Committee on the Elimination of Discrimination against Women

The Convention of 1971 on the Elimination of All Forms of Discrimination against Women provides for the establishment of the Committee on the Elimination of Discrimination against Women. The Convention's Optional protocol was adopted in 1999. It provides for the rights of individuals to apply to the Committee on the Elimination of Discrimination against Women. Latvia has not recognised the Committee's competence to receive and to consider the complaints of the individuals that are under its jurisdiction.