Page 241 - ตราสารระหว่างประเทศด้านสิทธิมนุษยชนที่ไทยเป็นภาคี : จากเว็บไซต์กระทรวงการต่างประเทศ

OPTIONAL PROTOCOL TO THE CONVENTION ON THE
RIGHTS OF PERSONS WITH DISABILITIES

The States Parties to the present Protocol have agreed as follows:

Article 1

1. A State Party to the present Protocol (“State Party”) recognizes the
competence of the Committee on the Rights of Persons with Disabilities (“the
Committee”) to receive and consider communications from or on behalf of
individuals or groups of individuals subject to its jurisdiction who claim to be
victims of a violation by that State Party of the provisions of the Convention.

2. No communication shall be received by the Committee if it concerns a
State Party to the Convention that is not a party to the present Protocol.

Article 2

The Committee shall consider a communication inadmissible when:

(a) The communication is anonymous;
(b) The communication constitutes an abuse of the right of
submission of such communications or is incompatible with the
provisions of the Convention;
(c) The same matter has already been examined by the Committee or
has been or is being examined under another procedure of
international investigation or settlement;
(d) All available domestic remedies have not been exhausted. This
shall not be the rule where the application of the remedies is
unreasonably prolonged or unlikely to bring effective relief;
(e) It is manifestly ill-founded or not sufficiently substantiated; or
when
(f) The facts that are the subject of the communication occurred prior
to the entry into force of the present Protocol for the State Party
concerned unless those facts continued after that date.

Article 3

Subject to the provisions of article 2 of the present Protocol, the
Committee shall bring any communications submitted to it confidentially to
the attention of the State Party. Within six months, the receiving State shall
submit to the Committee written explanations or statements clarifying the
matter and the remedy, if any, that may have been taken by that State.