HUMAN RIGHTS COMMITTEE

Introduction to the Committee

The Human Rights Committee is the body of 18 independent experts that monitors
implementation of the International Covenant on Civil and Political Rights by its state parties.
All States parties are obliged to submit regular reports to the Committee on how civil and
political rights are being implemented.
States must report initially one year after acceding to the Covenant and then whenever the
Committee requests. In accordance with the Predictable Review Cycle, the Committee
requests the submission of the report based on an eight-year calendar. The Committee
examines each report and addresses its concerns and recommendations to the State party in
the form of ‘concluding observations’.
In addition,
Article 41 of the Covenant 1provides for the Committee to consider inter-state complaints.
The Optional Protocol to the Covenant gives the Committee competence to examine
individual complaints regarding alleged violations of the Covenant by States parties to the
Protocol.
The Second Optional Protocol to the Covenant relates to the abolition of the death penalty by
States who have accepted the Protocol.
The Committee also publishes its interpretation of the content of human rights provisions,
known as general comments, on thematic issues or its methods of work.
The Committee meets in Geneva and normally holds three sessions per year.

Acts (Statutes) Concerning Human Rights Committee

1. Illinois Human Rights Act (IHRA)2

The Illinois Human Rights Act is a key piece of legislation that addresses various aspects of human
rights within the state of Illinois. It establishes the Illinois Department of Human Rights and outlines
the procedures for handling discrimination complaints.

Article 7: Department of Human Rights; Duties & Procedures

This article details the responsibilities and functions of the Department of Human Rights, including
how it investigates complaints and enforces human rights laws.

Article 8: Illinois Human Rights Commission

1
International Covenant on Civil and Political Rights (ICCPR)
2
Illinois Human Rights Act (IHRA)
This article establishes the Illinois Human Rights Commission, which is responsible for hearing cases
related to alleged violations of human rights under the IHRA.

Article 8A: Illinois Human Rights Commission; Procedures Under Articles 2, 4, 5, 5a and 6

This article outlines specific procedures that the Commission must follow when addressing
complaints related to employment, public accommodations, and other areas covered by the IHRA.

Article 8B: Procedures and Relief in Article 3 Cases Before the Human Rights Commission

This article provides guidelines on how cases involving discrimination in real estate transactions are
handled by the Commission.

2. Federal Civil Rights Act3

The Federal Civil Rights Act encompasses various statutes aimed at prohibiting discrimination based
on race, colour, religion, sex, or national origin.

Title VI: Non discrimination in Federally Assisted Programs

This title prohibits discrimination in programs receiving federal financial assistance.

Title VII: Equal Employment Opportunity

This title prohibits employment discrimination based on race, colour, religion, sex, or national origin
and establishes the Equal Employment Opportunity Commission (EEOC) to enforce these provisions.

Section 1981: Equal Rights Under the Law

This section ensures that all individuals have equal rights under the law regardless of race or
ethnicity.

In summary, both state-level acts like the Illinois Human Rights Act and federal statutes such as the
Civil Rights Act provide comprehensive frameworks for addressing human rights issues through
designated committees and commissions responsible for enforcement and adjudication.

TYPES OF HUMAN RIGHTS COMMITTEE

1. United Nations Human Rights Committee
2. Human Rights Commissions
3. The committee of ministers

The work of the Committee

No country’s record of protecting and promoting civil and political rights is perfect and free
from criticism. As a result, the Committee’s task is to encourage each State party:

1.To maintain in place those laws, policies and practices that enhance the enjoyment of these
rights;

3
Federal Civil Rights Act
2.To withdraw or suitably amend those measures that are destructive or corrosive of
Covenant rights;
3.To take appropriate positive action when a state party has failed to act to promote and
protect these rights; and
4.To consider appropriately the effects in terms of the Covenant of new laws, policies and
practices that a state party proposes to introduce in order to ensure that it does not regress in
giving practical effect to Covenant rights.
One of the great strengths of the Committee is the moral authority it derives from the fact that
its membership represents all parts of the world. Instead of representing a single geographical
or national perspective, the Committee speaks with a global voice.

The Committee’s work has a real effect in promoting the enjoyment of civil and political
rights in many countries, even though the cause and effect relationship is at times difficult to
identify. There are numerous instances of an individual complaint leading to positive results
for the individual concerned, be it in the form of a payment of compensation, a commutation
of a death sentence, a retrial, an investigation into particular events, or a number of other
remedies, in the State party concerned.

Over the years, the Committee’s work has resulted in many changes of law, policy and
practice, both at the general national level and in the context of individual cases. In a direct
sense, therefore, the Committee’s discharge of the monitoring functions entrusted to it under
the Covenant has improved the lives of individuals in countries in all parts of the world. It is
in this spirit that the Committee will continue to make its work relevant and applicable to all
States parties, and to strive for the enjoyment of all civil and political rights guaranteed by the
Covenant, in full and without discrimination, by all people.
The Composition and the Election of its Members
The United Nations Human Rights Committee is made up of 18 independent experts who are
elected by member states. The members serve four-year terms, with half of the committee
being elected every two years.
Composition
Members are people with a high moral character and recognized expertise in human rights.
Members serve in their individual capacity, not as representatives of their countries.
Election
Elections take place at meetings of the state’s parties to the ICCPR held at UN Headquarters.
State parties are asked to consider equitable geographical distribution, gender balance, and
representation of different legal systems.
State parties are also asked to consider participation of experts with disabilities.
Terms
Members serve four-year terms, which can be renewed if re-elected.
One-half of the committee is elected every two years.
Purpose
The Human Rights Committee's purpose is to examine cases and make recommendations to
promote and protect human rights.

KEY FUNCTIONS OF THE HUMAN RIGHTS COMMITTEE

The Human Rights Committee (HRC) plays a crucial role in safeguarding the rights of
individuals with disabilities who are receiving services. The key functions of an HRC can be
outlined as follows:
1. Promotion and Protection of Rights:
The primary function of the Human Rights Committee is to promote and protect the human,
civil, and legal rights of individuals with disabilities. This involves ensuring that these
individuals are treated fairly and equitably within service systems.
2. Oversight and Monitoring:
Human Rights Committees are responsible for overseeing the practices and policies within
organizations that provide services to people with disabilities. They monitor compliance with
laws, regulations, and ethical standards to ensure that the rights of individuals are upheld.
3. Advocacy:
The committee serves as an advocate for individuals with disabilities, raising awareness
about their rights and addressing any violations or concerns that may arise. This advocacy
can take many forms, including public education campaigns and direct intervention in cases
of rights violations.
4. Policy Development:
Human Rights Committee contribute to the development of policies that affect individuals
with disabilities. They provide input on best practices, recommend changes to existing
policies, and help create new policies aimed at enhancing the quality of life for those they
serve.
5. Training and Education:
Another critical function is providing training and education to staff members within service
organizations about human rights issues related to disability services. This helps ensure that
all personnel understand their responsibilities regarding the treatment of individuals with
disabilities.
6. Conflict Resolution:
Human Rights Committee often play a role in resolving conflicts between service providers
and individuals receiving services or their families. They facilitate discussions aimed at
finding mutually agreeable solutions while ensuring that the rights of all parties involved are
respected.
7. Data Collection and Analysis:
Collecting data on incidents involving human rights violations or concerns is essential for
Human Rights Committee. Analysing this data helps identify trends, inform policy decisions,
and improve service delivery by addressing systemic issues.

8. Reporting Mechanisms:
Human Rights Committees establish mechanisms for reporting human rights abuses or
concerns within service systems. This includes creating safe channels through which
individuals can voice their grievances without fear of retaliation.
By fulfilling these functions, Human Rights Committees help create a more just environment
for people with disabilities, ensuring their voices are heard and their rights protected.

HOW THE HUMAN RIGHTS COMMITTEE CONDUCTS A REPORTING

PROCESS
The Human Rights Committee (HR Committee) plays a crucial role in monitoring the
implementation of the International Covenant on Civil and Political Rights (ICCPR) by State
Parties. The reporting process is structured and involves several key steps:
1. Submission of State Reports:
State Parties to the ICCPR are required to submit regular reports detailing their
compliance with the Covenant’s provisions. These reports are submitted at specified
intervals, with initial reports typically due within one year of ratification, followed by
periodic reports every four years.

2. Preparation of the List of Issues:

Once a state report is received, the HR Committee prepares a List of Issues based on
the submitted report and additional information from various sources, including non-
governmental organizations (NGOs). This document highlights major concerns that
will be addressed during the dialogue between the Committee and the State
representatives.

3. Dialogue Session:
The HR Committee conducts a dialogue session with representatives from the State
Party. This session lasts for six hours for periodic reports and nine hours for initial
reports. During this time, Committee members raise questions and concerns regarding
civil and political rights issues, including those not explicitly mentioned in the State
report.
 4. Concluding Observations:
After completing the dialogue, the HR Committee produces Concluding
Observations that summarize its findings. These observations include
recommendations for improvements in legislation or practice concerning human
rights issues raised during the dialogue.

5. Follow-up Procedure:
In some cases, if significant issues arise—such as conscientious objection to military
service—the HR Committee may initiate follow-up procedures to monitor how States
address these concerns over time.

6. Public Availability of Reports:

All State reports and Concluding Observations are made public and can be accessed
online through official UN channels. This transparency allows NGOs and individuals
to stay informed about human rights practices in different countries.

7. Optional Reporting Procedure:

The HR Committee also introduced an Optional Reporting Procedure (LOIPR),
which allows States to submit a List of Issues Prior to Reporting instead of full
periodic reports under certain conditions.
Through this structured process, the Human Rights Committee ensures that it effectively
monitors compliance with international human rights standards while providing guidance and
recommendations to improve practices among State Parties.

WHO CAN BRING A REPORT TO THE HUMAN RIGHTS COMMITTEE?

The Human Rights Committee, which monitors the implementation of the International
Covenant on Civil and Political Rights (ICCPR), allows various entities to bring reports
regarding compliance with the treaty. The following groups can submit reports:
1.State Parties:
Countries that have ratified or acceded to the ICCPR are required to submit periodic reports
documenting their compliance with the provisions of the treaty. This is a formal obligation
under international law.
2.Non-Governmental Organizations (NGOs):
NGOs can also submit information and reports to the Committee. This includes
organizations that may not have consultative status with the Economic and Social Council
(ECOSOC). NGOs play a crucial role in providing alternative perspectives and highlighting
issues that may not be adequately addressed in State reports.
3.Individuals:
Individuals from countries that have ratified the ICCPR can bring complaints of human
rights violations through the First Optional Protocol to the ICCPR. This mechanism allows
individuals to report specific instances where they believe their rights under the Covenant
have been violated.
4.Other Stakeholders:
Any other stakeholders, including academic institutions, legal experts, or civil society
groups, can also contribute information or reports that may assist in evaluating a State’s
compliance with its obligations under the ICCPR.
In summary, both State Parties and various non-state actors, including NGOs and individuals,
have avenues to bring reports or information before the Human Rights Committee for
consideration during its review process.
IMPORTANCE OF THE HUMAN RIGHTS COMMITTEE
1. Strategic Oversight of Human Resources
The HR Committee plays a crucial role in providing strategic oversight for human resources
within an organization. By focusing on long-term human capital strategies, the committee
ensures that HR policies align with the overall goals and mission of the organization. This
alignment is essential for fostering a workplace culture that supports organizational growth
and employee satisfaction.
2. Expertise in HR Policies and Practices
Members of the HR Committee typically possess significant experience and expertise in
human resources management. This expertise allows them to create, monitor, and review
policies that comply with local, state, and federal laws while also adhering to best practices in
HR management. Their knowledge helps mitigate risks associated with non-compliance and
enhances the organization’s reputation as a fair employer.
3. Enhancing Organizational Effectiveness
The HR Committee is responsible for developing systems and policies that contribute to an
attractive work environment for current and prospective employees. By addressing issues
such as executive performance reviews, compensation policies, diversity initiatives, and
grievance procedures, the committee enhances organizational effectiveness. This focus on
employee well-being can lead to higher retention rates, improved morale, and increased
productivity.
4. Facilitating Communication Between Board and Management
An effective HR Committee serves as a bridge between the board of directors and the
organization’s management team. By involving key HR personnel in discussions without
granting them voting rights, the committee can facilitate open communication regarding
personnel issues while ensuring that board members remain informed about critical HR
matters.
5. Risk Management
The committee’s oversight responsibilities include identifying potential risks related to
human resources practices. By proactively addressing these risks—such as those associated
with executive compensation or employee grievances—the HR Committee helps protect the
organization from legal liabilities and reputational damage.
6. Supporting Diversity and Inclusion Initiatives
In today’s diverse workforce, promoting inclusivity is vital for organizational success. The
HR Committee can spearhead initiatives aimed at enhancing diversity within the organization
by reviewing hiring practices, implementing training programs, and establishing metrics to
measure progress toward diversity goals.
7. Succession Planning
Succession planning is another critical responsibility of the HR Committee. By evaluating
staffing structures and identifying key positions within the organization that require
succession plans, the committee ensures continuity in leadership roles during transitions or
unexpected departures.
In summary, an effective HR Committee is integral to aligning human resource strategies
with organizational objectives while ensuring compliance with laws and best practices. Its
role encompasses strategic oversight, risk management, communication facilitation, support
for diversity initiatives, and succession planning—all contributing to a more effective
organization.
CHALLENGES FACED BY THE HUMAN RIGHTS COMMITTEE
The Human Rights Committee, which oversees the implementation of the International
Covenant on Civil and Political Rights (ICCPR), faces several significant challenges in its
efforts to promote and protect human rights globally. These challenges can be categorized
into various areas:
1. Politicization of Human Rights Issues
One of the foremost challenges is the increasing politicization of human rights issues. The
committee often encounters situations where geopolitical tensions influence discussions and
decisions regarding human rights. This politicization can lead to a lack of consensus among
member states, undermining the effectiveness of the committee’s work. The risk is that
human rights may become secondary to political agendas, making it difficult for the
committee to address violations impartially.
2. Resource Limitations
The Human Rights Committee operates with limited resources, which affects its ability to
monitor compliance effectively and conduct thorough investigations into human rights
abuses. Insufficient funding and staffing can hinder its capacity to engage with all state
parties adequately, follow up on individual complaints, or carry out country visits for on-the-
ground assessments.
3. Compliance and Enforcement Challenges
Another significant challenge is ensuring compliance with its recommendations and
decisions. While the committee can issue findings and recommendations based on state
reports and individual communications, it lacks enforcement mechanisms to compel states to
adhere to these recommendations. This limitation often results in a gap between international
human rights standards and actual practices within states.
4. Diverse Cultural Contexts
The committee must navigate a complex landscape of diverse cultural, political, and legal
contexts across different countries. Each state has its own historical background, legal
framework, and societal norms that influence how human rights are perceived and
implemented. This diversity can complicate dialogue between the committee and state
parties, as differing interpretations of human rights may lead to misunderstandings or
resistance.
5. Addressing Emerging Human Rights Issues
As global dynamics evolve, new human rights issues emerge that require urgent attention
from the committee. For instance, challenges related to digital privacy, climate change
impacts on human rights, discrimination based on sexual orientation or gender identity, and
the rights of marginalized groups are increasingly relevant today. The committee must adapt
its focus to address these contemporary issues while still fulfilling its mandate concerning
traditional civil and political rights.

6. Engaging Civil Society

Lastly, fostering effective engagement with civil society organizations presents both an
opportunity and a challenge for the Human Rights Committee. While NGOs play a crucial
role in advocating for human rights and providing information about violations on the
ground, there can be barriers to their participation in formal processes due to bureaucratic
hurdles or restrictions imposed by certain governments.

In summary, the challenges faced by the Human Rights Committee include politicization of
issues, resource limitations, compliance enforcement difficulties, diverse cultural contexts,
emerging human rights concerns, and engagement with civil society organizations.

REFFERENCE
1.International Covenant on Civil and Political Rights (ICCPR)
2.Illinois Human Rights Act (IHRA)

3.Federal Civil Rights Act

4. Society for Human Resource Management(SHRM)