The history of international human rights is a demonstration for “recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family” . The international human rights movement is therefore based on the notion that every nation has an obligation to respect human rights of its citizens and that if states do not adhere to this obligation, other nations, international community and especially each citizen or individual has a right, responsibility to oppose. That arouses the question of individual petition in international human rights which will be discussed within the scope of this thesis.

Although the concept of individual petition may be familiar with Domestic Law, it is quite new to International Law including International Human Rights Law of which the principal subjects are nation-states, not individual citizens. This means only a state can lodge a complaint against another not a person. But in the effort of protecting and promoting human rights, international and regional human rights mechanisms have recognized the right of individuals to address a petition of human rights violations by state parties to international conventions or organizations to the supervising bodies or judicial organs (the court). More than half of century for development, Individual petition mechanism in both international and regional human rights systems has marked a remarkable innovation in international law but also revealed some issues of concern. This thesis will provide an overview at individual petition mechanism through studying one at the international level: the United Nations human rights system, and one at the regional level: the Council of Europe, the comparison between these two and factual reference to Vietnam.