Individualios peticijos tarptautinėje teisėje

Abstract

The position of an individual in international law has been changing for centuries. Under classical international law the individual formally could not apply to international bodies for defending his rights. Therefore the right of an individual to provide individual communication against the state was barely possible. However, the current analysis of the texts and documents shows, that individuals and groups of individuals have develop the practice to apply to international institutions since 17th century. Despite the limited practice of international bodies to deal with individual communications, the right to apply to international institutions was wide spread and practiced in the different international frameworks. Even the practice to address to international organizations was widespread, the rules of procedure of establishing body competent to deal with individual communications were adopted only after the Second World War.
The Human Rights Committee was granted the right to deal with individual communications according to the provisions of the Optional Protocol to ICCPR. The practice of Human Rights Committee has shown the eagerness to interpret the right to apply for groups of individuals to the HRC in the narrow sense. The Committee was also developing in practice the provisions dealing the victim, state responsibility, representation of victim and other questions.
The newest developments of the individual communication right are devoted to the working groups elaborating the possibility to grant the right to individuals address to CESCR to defend the violation of their economical, social or cultural rights.