How to Make a Complaint
In accordance with resolution 2002/31, the Special Rapporteur responds to information received and considered to be reliable on alleged violations of the right to health, by writing to the Government concerned, either together with other special procedure mandates or independently, inviting comment on the allegation, seeking clarification, reminding the Government of its obligations under international law in relation to the right to health and requesting information, where relevant, on steps being taken by the authorities to redress the situation in question.
The Special Rapporteur urges all Governments to respond promptly to his communications and, in appropriate cases, to take all steps necessary to redress situations involving the violation of the right to health.
Types of Complaints:
Communications of the Special Rapporteur can take various forms including:
a) Urgent appeals which are used in cases where the alleged violations are time-sensitive in terms of involving loss of life, life-threatening situations or either imminent or ongoing damage of a very grave nature to victims that cannot be addressed in a timely manner by the procedure of allegation letters.
b) Allegation letters which are used to communicate information about violations that are said to have already occurred or in cases not covered by urgent appeals.
In accordance with the mandate, the decision to take action rests in the discretion of the Special Rapporteur. Therefore, all claims sent to the Special Rapporteur should be credible, consistent and containing the following minimum information in order to be assessed.
* Identification of the alleged victim(s);
* Description of the circumstances of the situation in which the alleged violation occurred.
* Date and place of incident(s) or problem
* If it involves individual victims, name, age, sex, profession, place of residence or origin and other information that would indicate a linkage with the human rights violations reported (e.g. minority, migrant, internally displaced person, asylum seeker, etc.) should be indicated
* The consent of the victim(s) to send the case on their behalf should be obtained
* If it involves a group of people details to identify them and link them to the human rights violation reported (e.g. group of migrants attempting to cross the border between country X and Z) should be indicated
* Identification of the alleged perpetrators of the violation (when applicable)
Please note that other details pertaining to the specific alleged violation may also be required, such as any medical certificate issued to the victim; identification of witnesses to the alleged violation; any measures undertaken to seek redress locally, etc.
All communication letters sent by the Special Rapporteur and responses received thereon are confidential until they are published in periodic reports which are submitted to the Human Rights Council.
Where Complaints should be sent:
Complaints can be sent directly to the OHCHR via fax at- +41-22 917 9006 or via email at:
urgent-action@ohchr.org
Complaints can also be sent directly at: specialrapporteurhealth@lawyerscollective.org