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Individual petitions under the Convention on Human Rights

Motion for a recommendation | Doc. 394 | 19 July 1955

Signatories:
Mr Henri ROLIN, Belgium, SOC
Thesaurus

The Assembly,

Conscious that recognition by the minimum number of States stipulated in the Convention on Human Rights of the competence of the Commission to deal with individual petitions constitutes an important step forward ;

Noting, however, that many Member States have not yet made any declaration to this effect, so that complaints against them can only be considered if taken up by a Member State;

Considering that, in practice, Governments may not wish to assume responsibility for what might appear to be an unfriendly act, and that it is therefore to be feared that for many States the Convention may remain a dead letter.

Recommends to the Committee of Ministers :

1 that it request the Secretary-General of the Council of Europe to transmit to it all individual petitions, addressed either to himself or to the Commission of Human Rights, which are directed against States that do not acknowledge the Commission's competence to deal with such petitions and which are not prima facie inadmissible;
2 that it request the Governments of Member States to do likewise with regard to individual petitions addressed to them if they are themselves unwilling to be responsible for referring them to the Commission of Human Rights ;
3 that it decide that petitions transmitted to it in this way, or directly addressed to it, be examined by sub-committees of three members, which- would, in appropriate cases, bring them before the Commission.