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Capacities to be Enjoyed by Non-Governmental Organizations

S M v Barbados (decision), 31 March 1994 [HRC]

 

Case no 502/1992

6.2 The Committee notes that the author has submitted the communication claiming to be a victim of a violation of his right under article 14, paragraph 1, to have access to court, because the judge at first instance ordered the company of which he is the owner and sole shareholder to pay security and then stayed the proceeding until payment. The author is essentially claiming before the Committee violations of rights of his company. Notwithstanding that he is the sole shareholder, the company has its own legal personality. All domestic remedies referred to in the present case were in fact brought in the name of the company, and not of the author.

6.3 Under article 1 of the Optional Protocol only individuals may submit a communication to the Human Rights Committee. The Committee considers that the author, by claiming violations of his company's rights, which are not protected by the covenant, has no standing under article 1 of the Optional Protocol.

7. The Human Rights Committee therefore decides:

(a) That the communication is inadmissible under article 1 of the Optional Protocol;

 

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Jurisprudence

Rights enjoyed as legal persons Not to be subject to discrimination Rights not conferred Other rights To lobby and not to be subject to territorial restrictions To freedom of expression To apply to the European Convention on Human Rights To the successful attainment of ends To be treated as a political party To challenge administrative decisions