Individual Application Procedure: Who Can Apply and When?
Individual applications to UN human rights mechanisms are one of the most effective ways for victims to bring human rights violations to the international level when domestic remedies have become blocked or ineffective. Who may apply, at what stage each mechanism may be used, and how the process proceeds are all critical to the success of an application. In this section, we briefly and clearly summarise the basic requirements, timing and practical steps for applications to treaty bodies and special mechanisms.
United Nations human rights mechanisms provide international avenues of review through which individuals may submit applications directly. These applications are particularly important in situations where domestic remedies have become ineffective, inaccessible or exhausted, enabling victims to make their voices heard at the international level.
Who Can Apply?
The following persons may submit individual applications to UN mechanisms:
Direct victims:
Individuals whose rights have been violated.
Persons acting on behalf of the victim:
Family members, lawyers, representatives or reliable NGOs.
Applicants before relevant special mechanisms:
In mechanisms such as WGAD and WGEID, applications may also be submitted without the victim’s consent, especially in cases of disappearance.
Applications should generally not be anonymous. The identity of the victim, the details of the incident and the documents supporting the violation should be clearly submitted.
When Can an Application Be Submitted?
The timing of an application depends on the mechanism concerned.
Treaty-Based Bodies (HRC, CAT, CEDAW, CRPD)
An application may be submitted after domestic remedies have been exhausted.
The incident must have occurred after the relevant treaty and optional protocol were ratified by the state concerned.
Excessive delay may lead to the rejection of the application; for example, the HRC may reject an application on the ground of “abuse of the right of submission.”
Special Mechanisms (WGAD, WGEID, Special Rapporteurs)
There is no requirement to exhaust domestic remedies.
The application should be submitted within a reasonable time after the incident.
For urgent situations, an urgent appeal procedure may be initiated immediately, for example in cases involving a risk of refoulement, serious health risks or enforced disappearance.
Stages of the Application Process
Preparation and Collection of Documents
The chronology of events.
The use and outcome of domestic remedies.
The connection between the violation and international law.
Identity information, contact address and, where applicable, a power of attorney.
Completing the Application Form
Each mechanism has its own application form.
A clear and systematic presentation in English is preferred.
Submission of the Application
Applications are submitted by email or through online systems.
The relevant addresses and instructions are available on the OHCHR website.
State Response Process
Treaty bodies usually give the state six months to respond.
Special mechanisms such as WGAD generally expect a response within 60 days.
Decision and Follow-Up
The committee or mechanism examines the application and issues a decision or opinion.
Implementation of the recommendations is monitored, and some mechanisms prepare follow-up reports.
Practical Points to Consider When Applying
Language and style:
The application should be written in English and should use legal, clear and simple language.Submission of evidence:
Documents, court decisions, correspondence and witness statements should be attached.Description of the violation:
The application should clearly identify which international rights have been violated.Risk of duplicate examination:
If the same matter has been examined by the ECtHR or another international body, some committees may reject the application, for example the HRC.
Individual applications to UN mechanisms are a powerful international tool for individuals who cannot access justice at the national level. For an application to be effective:
the nature of the mechanism and the application requirements must be properly understood;
documents must be prepared completely;
timing and strategy must be carefully planned.
Receiving legal support, reviewing similar cases and following the decisions of the mechanisms increase the chances of success.
