The decision of the United Nations Human Rights Committee in Francisca Alomar et al. versus Spain: a critical analysis from the general Public International Law system

Abstract

This article will attempt to critically examine the recent decision of the United Nations Human Rights Committee in the Francisca Alomar et al. v. Spain case based on several key aspects of the general system of the International Responsibility of the State and Law of Treaties. In order to do so, the analysis will be divided into two parts: In the first one, based on the general theory of continuing wrongful acts, the Committee's resolution regarding the allegation presented as indirect victims of reported forced disappearances will be studied. In the second one, the solution offered regarding the consideration of the authors as direct victims of those events will be addressed, using the general principle of exhaustion of domestic remedies as the central piece of analysis.