NGOs under European Convention on Human Rights / Tymofeyeva

Principles for the question of compensation under international law, this document, nonetheless, has the nature of soft law. It does not establish any international human rights court. In the end, Article 34 NGOs will be forced to apply to national authorities for reparation under this document, and it would mean that the perpetrator will have to decide whether or not to provide the person with compensation. This confirms the idea that the concept of reparation to non-state actors is quite problematic. 1307 Moreover, the Basic Principles relate only to human rights violations of extraordinary character. International law is full of other international documents dealing with the issue of reparation. This study does not aim to cover them all, but only to make a basic overview in order to show the specifics of the Convention compensation mechanism. Professor Pavel Šturma , a member of the International Law Commission, proposes the following division of the compensation mechanisms: 1) mechanisms based on an international treaty between states; 2) instruments adopted by the competent body of the United Nations or the other intergovernmental organisations; and 3) agreements between states and non-states actors . 1308 The subsequent part of this book will briefly cover each of these types, except for the mechanism under the Convention, which will be a subject for a separate study. 3.1.2 Mechanisms based on international treaties between states An international treaty, as one of the sources of international law, may establish a compensatory mechanism in international law. The theory of international law distinguishes between a few types of international treaties. In this part, we will cover the understanding of a treaty as provided by Article 2 of the Vienna Convention on the Law of Treaties of 23 May 1969. 1309 UNO human rights mechanisms were established by the International Covenants of 1966 1310 and the core international human rights treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination 1311 and the Convention on the Elimination of All Forms of Discrimination against Women. 1312 The UNO human rights mechanisms include the United Nations Human Rights Committee (CCPR), Committee on the Elimination of Racial Discrimination (CERD), Committee on the Elimination of Discrimination against Women (CEDAW), Committee Against Torture (CAT), Subcommittee on Prevention of Torture (SPT), Committee on the Rights of Persons with Disabilities (CRPD), and Committee on Enforced Disappearances (CED). In their decisions, they may also address the issue of compensation. For example, in the 1307 HÝBNEROVÁ, S. Compensation in international law of human rights. In In ŠTURMA, Pavel, Compensation in international law . Studies in International Law. No. 5 (28). Prague: Charles University in Prague, 2013, p. 107.

1308 ŠTURMA, P. Outline…, 2013, cited above, p. 25. 1309 United Nations, Treaty Series , vol. 1155, p. 331.

1310 International Covenant on Civil and Political Rights. New York, 16 December 1966. United Nations, Treaty Series , vol. 999, p. 171 and vol. 1057, p. 407 and International Covenant on Economic, Social and Cultural Rights. New York, 16 December 1966. United Nations, Treaty Series , vol. 993, p. 3.

1311 United Nations, Treaty Series , vol. 660, p. 195. 1312 United Nations, Treaty Series , vol. 1249, p. 13.

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