UNIT- 8 (Specialized organizations)

1. UNESCO:
(United Nations Educational, Scientific and Cultural Organization) is a specialized
agency of the United Nations established in 1945. Its mission is to promote international
collaboration in the fields of education, science, culture, and communication to foster peace,
security, and sustainable development. UNESCO plays a critical role in addressing global
challenges by promoting the free exchange of ideas, protecting cultural heritage, and
encouraging mutual understanding between nations.

UNESCO's work is grounded in the belief that education, cultural diversity, scientific
cooperation, and freedom of expression are key drivers for peace and sustainable
development. The organization also supports the promotion of international human rights by
encouraging equal access to education, safeguarding freedom of the press, and preserving the
rights of minority cultures and indigenous people.

Composition of UNESCO

UNESCO’s composition involves a multi-tiered structure that enables the organization to

operate efficiently and meet its global mandate. The main governing bodies include:

1. General Conference:
o The General Conference is the highest decision-making body of UNESCO. It meets every
two years and consists of representatives from all 193 Member States and 11 Associate
Members. These representatives set the policies and work plan of the organization.
o The General Conference determines the budget and program for the next biennium,
discusses major international issues within UNESCO's fields of competence, and elects
members of the Executive Board.
o It also sets the general direction for UNESCO’s activities, ensuring that the organization’s
work reflects the needs of its member states. Each member state has one vote, and
decisions are made by majority rule.
2. Executive Board:
o The Executive Board consists of 58 member states elected by the General Conference. It
meets twice a year to ensure that the decisions of the General Conference are
implemented properly.
o The Executive Board supervises UNESCO’s financial management, evaluates the
progress of its programs, and ensures that the organization's goals and objectives are
being pursued effectively. The board’s members serve for a term of four years
3. Secretariat:
o The Secretariat is responsible for the day-to-day operations of UNESCO. It is led by the
Director-General, who is elected for a four-year term by the General Conference.
o The Secretariat is made up of over 2,000 staff members who work at UNESCO’s
headquarters in Paris, as well as field offices and specialized institutes around the world.
These staff members are responsible for implementing the decisions of the General
Conference and Executive Board, coordinating UNESCO’s global programs, and
managing its budget and resources.
4. National Commissions:
o UNESCO’s National Commissions operate within its member states to connect local and
national interests with UNESCO’s international agenda. These commissions consist of
government representatives, experts, and NGOs that work to ensure that UNESCO’s
programs are implemented at the national level.

Functions of UNESCO

UNESCO has a broad mandate that covers a wide range of functions, including education,
science, culture, and communication. The organization’s work in each of these areas has a
significant impact on international development, peace-building, and the promotion of human
rights.

1. Education:
o One of UNESCO’s primary functions is to promote inclusive and equitable quality
education for all. It focuses on ensuring universal access to education, improving
education quality, and promoting lifelong learning opportunities.
o UNESCO plays a leading role in the global movement to achieve Sustainable
Development Goal 4 (SDG 4), which aims to "ensure inclusive and equitable quality
education and promote lifelong learning opportunities for all" by 2030.
o UNESCO tracks global progress in education and advises governments on improving
their education systems. It supports teacher training programs, provides educational
materials, and helps develop curricula that promote peace and global citizenship and
places special emphasis on girls’ education, literacy programs, and the education of
marginalized communities, including refugees and displaced persons.
2. Science:
o UNESCO promotes international scientific cooperation to address global challenges such
as climate change, biodiversity loss, and water management. It supports scientific
research, the sharing of knowledge, and the development of sustainable solutions to
environmental and social issues. The programs of UNESCO promote the protection of
natural resources and the responsible use of the environment, while also advancing
scientific understanding of the planet.
o UNESCO also promotes scientific education and capacity-building in developing
countries, ensuring that all nations have access to the tools and knowledge necessary to
advance scientific progress.
3. Culture:
o UNESCO is responsible for promoting the protection and preservation of cultural heritage
around the world. Its most notable program in this area is the World Heritage Convention,
which seeks to identify and preserve sites of outstanding cultural or natural importance to
humanity.
o As part of this program, UNESCO maintains the World Heritage List, The World
Heritage designation helps to safeguard these sites for future generations and ensures that
they are preserved in a way that respects their historical, cultural, and natural significance.
o In addition to preserving tangible heritage, UNESCO promotes intangible cultural
heritage, such as traditional music, dance, and languages.
4. Communication and Information:
o UNESCO plays a critical role in promoting freedom of expression and media
development around the world. It supports the development of independent and pluralistic
media, particularly in regions where freedom of the press is under threat.
o Through its Communication and Information Sector, UNESCO helps to improve access
to information, encourage media literacy, and foster freedom of expression. It advocates
for the safety of journalists, fights against disinformation, and promotes the free flow of
information.

Achievements and Influence of UNESCO on International Human Rights

UNESCO has made significant contributions to the promotion of human rights, particularly
in areas related to education, cultural preservation, and freedom of expression. Its work is
deeply intertwined with the Universal Declaration of Human Rights (UDHR), especially in
promoting rights such as access to education, freedom of thought, and participation in
cultural life.

1. Advancing the Right to Education:

o UNESCO’s focus on universal access to education is directly aligned with Article 26 of
the UDHR, which declares that "everyone has the right to education." UNESCO has been
at the forefront of global efforts to ensure that all children, regardless of gender, ethnicity,
or socioeconomic background, have access to quality education.
o UNESCO’s initiatives have been particularly impactful in developing countries, where it
has worked to expand educational opportunities, reduce the gender gap in education, and
promote literacy among disadvantaged populations.
o One of UNESCO’s major achievements is its role in the creation of the Education for
All movement
2. Cultural Rights and the Preservation of Cultural Heritage:
o UNESCO has played a pivotal role in safeguarding cultural rights, which are enshrined in
Article 27 of the UDHR. By protecting both tangible and intangible cultural heritage,
UNESCO ensures that communities can preserve their cultural identities and pass them
on to future generations.
o The World Heritage List and the Convention for the Safeguarding of Intangible Cultural
Heritage are key instruments through which UNESCO promotes cultural diversity and
fosters respect for cultural traditions and expressions. These programs also support
indigenous peoples and minority communities, helping to protect their cultural practices
from external threats such as globalization and conflict.
2. INTERNATIONAL LABOUR ORGANIZATION (ILO)
The (ILO) is a specialized agency of the United Nations dedicated to promoting social
justice, human and labor rights, and fair working conditions. Founded in 1919 as part of the
Treaty of Versailles after World War I, the ILO was created to address issues related to labor
rights and worker protections, which were seen as essential for lasting peace. The ILO
became the first specialized agency of the United Nations in 1946.

Its overarching aim is to bring together governments, employers, and workers to set labor
standards, develop policies, and devise programs that promote decent work conditions for all
people. The ILO's unique tripartite structure ensures that these three groups (governments,
employers, and workers) have an equal say in the formulation of labor standards and policies,
making it one of the few international organizations with such an inclusive decision-making
model.

The ILO's work is crucial to the advancement of human rights as it emphasizes labor
standards that safeguard freedom, equality, security, and dignity for workers. Its Decent
Work Agenda aims to ensure that people can obtain productive work under conditions of
freedom, equity, security, and human dignity.

Composition of the ILO

The ILO's structure is designed to promote collaboration between three key stakeholders:
governments, employers, and workers. This tripartite system is a distinctive feature of the
organization and allows for balanced discussions and decisions about labor issues.

1. International Labour Conference (ILC):

o The ILC, often referred to as the "parliament of labor", is the ILO’s highest decision-
making body. It meets annually and sets international labor standards and the
organization’s overall policies. Each member state sends a delegation consisting of two
government delegates, one employer delegate, and one worker delegate, along with
technical advisors. Each delegate has the right to vote independently, reflecting the
tripartite nature of the ILO.
o The ILC adopts international labor standards in the form of Conventions and
Recommendations and is responsible for supervising the implementation of these
standards in member states and elects the members of the Governing Body.
2. Governing Body:
o The Governing Body is the executive council of the ILO and is responsible for making
decisions about ILO policy, the program of work, and the budget. It meets three times a
year and is composed of 56 titular members: 28 government representatives, 14
employer representatives, and 14 worker representatives.
o The Governing Body sets the agenda for the International Labour Conference, appoints
the Director-General, adopts the budget, and oversees the implementation of decisions
made by the ILC.
3. International Labour Office (Secretariat):
o The International Labour Office is the permanent secretariat of the ILO and operates
under the supervision of the Governing Body. The office implements the policies and
decisions of the Governing Body and the International Labour Conference. It also serves
 as the global hub for research, training, and program implementation in the areas of labor
and employment.
o The Office is led by the Director-General, who is elected for a renewable five-year term.
The Director-General is responsible for the overall administration of the ILO’s work, the
preparation of its reports and documents, and the coordination of activities between the
different sectors of the ILO.

Functions of the ILO

The ILO’s primary mission is to promote decent work and labor rights worldwide. It achieves
this through several key functions:

1. Setting International Labor Standards:

o One of the most important functions of the ILO is setting international labor standards
through Conventions and Recommendations. Conventions are legally binding
instruments, while Recommendations serve as guidelines for member states.
o The ILO has adopted 190 Conventions and 206 Recommendations as of 2024. These
standards cover a wide range of issues, including freedom of association, the abolition of
forced labor, the elimination of child labor, occupational safety and health, and social
security.
2. Supervision of Compliance with Standards:
o The ILO monitors the application of its international labor standards through a
supervisory mechanism, which includes periodic reports from member states on how they
are applying the Conventions they have ratified.
o The ILO’s Committee of Experts reviews these reports and provides feedback to
countries, highlighting areas where improvement is needed or where violations of
international labor standards may have occurred.
o The ILO also allows for representations and complaints from workers' and employers'
organizations, which can bring attention to violations of labor standards. In extreme
cases, the ILO can refer matters to the International Court of Justice.
3. Promoting Social Dialogue:
o The ILO fosters social dialogue between governments, employers, and workers. This is
crucial for maintaining industrial peace and promoting economic development while
ensuring that workers' rights are respected.
o The ILO promotes collective bargaining, workers’ participation in decision-making, and
conflict resolution through its tripartite structure. It also provides technical assistance to
help countries develop institutions and mechanisms that support effective social dialogue.
4. Technical Assistance and Capacity-Building:
o The ILO provides technical assistance to its member states to help them improve their
labor conditions and implement international labor standards. This includes support for
labor law reform, occupational health and safety programs, social security system
development, and employment policies.
o It also works to build capacity in member states through training programs, workshops,
and knowledge sharing, especially in developing countries where labor standards may be
weak or underdeveloped.
5. Promoting Decent Work and Sustainable Development:
o The ILO's Decent Work Agenda is a comprehensive strategy that aims to promote
opportunities for all people to obtain decent and productive work in conditions of
freedom, equity, security, and human dignity.
o The agenda focuses on four strategic pillars: promoting jobs, guaranteeing rights at work,
extending social protection, and promoting social dialogue. These pillars are aligned with
the United Nations’ Sustainable Development Goals (SDGs), particularly SDG 8, which
promotes "sustained, inclusive and sustainable economic growth, full and productive
employment, and decent work for all."

Achievements and Influence on International Human Rights

The ILO has been a key player in promoting human rights through its focus on labor rights.
The organization has made significant strides in improving working conditions worldwide
and ensuring that human rights are respected in the workplace.

1. Promotion of Fundamental Labor Rights:

o The ILO’s core Conventions form the basis of fundamental labor rights and have a
profound influence on international human rights law. These include:
 Freedom of Association and Protection of the Right to Organize Convention,
1948 (No. 87)
 Right to Organize and Collective Bargaining Convention, 1949 (No. 98)
 Forced Labour Convention, 1930 (No. 29)
 Abolition of Forced Labour Convention, 1957 (No. 105)
 Minimum Age Convention, 1973 (No. 138)
o These core Conventions cover the most important labor rights, including the right to
freedom of association, the elimination of forced labor, the abolition of child labor, and
the elimination of discrimination in employment. Many of these rights are also enshrined
in the Universal Declaration of Human Rights (UDHR) and the International Covenant on
Economic, Social, and Cultural Rights (ICESCR).
2. Eradication of Forced and Child Labor:
o The ILO has been a global leader in the fight against forced labor and child labor. Its
Forced Labour Convention (No. 29) and the Worst Forms of Child Labour Convention
(No. 182) have been instrumental in shaping national and international efforts to
eliminate these practices.
o The ILO’s work has resulted in significant reductions in the number of children engaged
in hazardous work. Its International Programme on the Elimination of Child Labour
(IPEC), launched in 1992, has been one of the largest initiatives for addressing child labor
globally. It has helped thousands of children escape exploitative labor conditions,
particularly in industries like agriculture, mining, and manufacturing.
3. Improvement in Workers' Rights Worldwide:
o The ILO’s efforts in supervising and promoting labor rights have influenced legislative
reforms in many countries. By ratifying ILO Conventions, member states commit to
improving their labor laws and aligning them with international standards.
o The ILO’s standards have influenced the drafting of many national constitutions and labor
laws, providing workers with legal protection and ensuring that basic human rights are
respected in the workplace.
4. Equal Rights for Women in the Workplace:
o The ILO has played a pivotal role in promoting gender equality in the workplace. Its
Equal Remuneration Convention (No. 100) and the Discrimination (Employment and
Occupation) Convention (No. 111) have been critical in advancing women’s rights in
employment.
o The ILO continues to push for equal pay for work of equal value, as well as non-
discriminatory practices in hiring, promotion, and workplace treatment. It has also
 addressed issues such as maternity protection, violence and harassment at work, and the
gender pay gap through its Convention on Violence and Harassment (No. 190), adopted
in 2019.
5. Influence on Global Development and Social Protection:
o The ILO has been an advocate for universal social protection and has supported countries
in establishing social security systems to protect workers from income insecurity, old age,
sickness, and unemployment. This has been particularly impactful in developing
countries, where social protection systems have historically been weak or non-existent.
o By promoting social security standards, the ILO has helped improve living conditions for
millions of workers around the world and played a significant role in achieving social
justice.

3. WHO-
The World Health Organization is a specialized agency of the United Nations (UN),
established in 1948, with the primary objective of promoting global health, setting health
standards, providing technical assistance, and ensuring universal health coverage. The WHO
is responsible for coordinating international efforts to control diseases, improve public health,
and address health emergencies. Its headquarters are located in Geneva, Switzerland, and it
works through a network of regional and country offices to implement its policies and
programs.

The WHO's mission is to build a better, healthier future for people all over the world. Its
work contributes to the promotion of international human rights, particularly the right to
health, which is a fundamental aspect of human dignity and well-being.

Composition of the WHO

The World Health Organization is structured to ensure that decisions on global health
issues are made democratically and involve representatives from all member states. The main
organs of the WHO are:

1. World Health Assembly (WHA):

o The World Health Assembly is the supreme decision-making body of the WHO. It is
composed of representatives from all 194 member states of the WHO. Each member state
is represented by a delegation, usually led by the Minister of Health, which includes
health experts and professionals. The WHA meets annually in Geneva, and its primary
role is to set the policies of the organization, approve the budget, and decide on the health
agenda for the upcoming year.
o The WHA is responsible for appointing the Director-General of the WHO and for
reviewing and approving the work program and the budget. It discusses reports and
resolutions on health policies and oversees the activities of the other organs of the WHO.
2. Executive Board (EB):
o The Executive Board consists of 34 technically qualified members who are elected for
three-year terms. Each member is designated by a member state and is typically a leading
figure in the national health administration of that state. The Executive Board meets at
least twice a year to implement the decisions and policies of the WHA and to facilitate the
work of the WHO.
o The Executive Board’s functions include overseeing the execution of the decisions made
by the WHA, preparing the agenda for the WHA, and giving effect to the decisions and
policies of the WHA. The Executive Board can also advise on matters related to the
WHO’s policies and can propose new areas of health research or intervention.
3. Secretariat:
o The Secretariat of the WHO is composed of its staff and is headed by the Director-
General, who is elected by the WHA for a five-year term. The Director-General oversees
the work of the WHO and is responsible for the day-to-day management of the
organization. The Secretariat implements the policies and programs established by the
WHA and the Executive Board and provides technical support to countries around the
world.

Functions of the WHO

1. Setting Health Standards and Guidelines:

o The WHO sets global health standards and provides technical guidance to countries on a
wide range of health-related issues. It establishes norms for health interventions,
treatments, and prevention strategies. These include international standards for disease
surveillance, vaccinations, sanitation, and nutrition.
o One of the WHO's most significant contributions is the International Health Regulations
(IHR), which are legally binding agreements aimed at preventing and controlling the
international spread of diseases.
2. Disease Prevention and Control:
o The WHO coordinates global efforts to combat communicable diseases, including
HIV/AIDS, tuberculosis, malaria, and COVID-19. It works with governments, NGOs,
and other stakeholders to implement vaccination programs, strengthen health systems,
and monitor disease outbreaks.
o The WHO has played a critical role in the eradication of smallpox and is heavily involved
in efforts to eradicate polio and reduce the spread of other preventable diseases. by
promoting public health campaigns focused on prevention through healthy lifestyles.
3. Emergency Response and Health Crisis Management:
o The WHO coordinates international health responses to natural disasters, conflicts, and
health emergencies. Through its Health Emergencies Programme, the WHO helps
countries prepare for and respond to outbreaks, pandemics, and health crises. For
example, during the COVID-19 pandemic, the WHO played a leading role in
coordinating global health responses, providing medical supplies, and offering technical
expertise to affected countries.
4. Promoting Universal Health Coverage:
o The WHO is a key advocate for universal health coverage (UHC), which aims to ensure
that all individuals and communities receive the health services they need without
suffering financial hardship. The WHO works with governments to strengthen national
 health systems, improve access to healthcare, and ensure that vulnerable populations are
not left behind.
o The WHO’s Universal Health Coverage Program promotes healthcare financing
reforms, health workforce development, and essential medicines and technologies. It also
emphasizes the importance of primary healthcare as the foundation of effective health
systems.
5. Research and Data Collection:
o The WHO plays a critical role in global health research, identifying health trends, and
collecting and disseminating health data. It works with researchers, governments, and
academic institutions to conduct studies on emerging health issues.
o The WHO also provides countries with health data and analytics through its Global
Health Observatory, which monitors global health trends, including life expectancy,
disease prevalence, vaccination coverage, and the burden of diseases such as malaria and
tuberculosis.

Achievements and Influence on International Human Rights

1. Promotion of the Right to Health:

o The WHO has been instrumental in promoting the right to health as a basic human right.
The Constitution of the WHO explicitly recognizes the right of all people to attain the
highest possible level of health. This right includes access to medical care, sanitation,
nutrition, vaccinations, and the prevention and treatment of diseases.
o The WHO’s advocacy for universal health coverage and equitable access to healthcare
services aligns with international human rights law, ensuring that individuals can exercise
their right to health without facing financial or social barriers.
2. Eradication of Diseases:
o The WHO has played a key role in eradicating smallpox, one of the most deadly diseases
in human history, through global vaccination campaigns. It continues to work toward the
eradication of polio and the reduction of other preventable diseases through its
vaccination programs, which contribute to protecting the right to life and health.
o The WHO’s efforts in combating diseases like HIV/AIDS, malaria, and tuberculosis have
had a significant impact on improving the health and well-being of millions, particularly
in low-income and developing countries. Its Global Fund initiatives have saved millions
of lives through disease control and prevention.
3. Responding to Health Crises and Emergencies:
o The WHO’s role in responding to health crises has a direct impact on the protection of
human rights, particularly in terms of ensuring access to healthcare for people affected by
natural disasters, armed conflicts, and epidemics.
o During the COVID-19 pandemic, the WHO’s efforts to coordinate international
responses, provide scientific guidance, and distribute medical supplies played a critical
role in protecting people’s health and safety. The WHO also advocated for fair access to
vaccines, particularly for low- and middle-income countries, emphasizing the principle of
equity in global health.
4. Advocacy for Health Equity and Social Determinants of Health:
o The WHO has long emphasized the importance of addressing the social determinants of
health, such as poverty, education, housing, and gender equality, which are essential for
achieving health equity. The WHO’s programs promote a rights-based approach to health,
ensuring that marginalized and vulnerable populations are not left behind.
o The WHO has worked to address gender-based violence, the rights of people with
disabilities, and mental health, promoting policies that respect and protect the human
rights of these vulnerable groups.

4. FAO- FOOD & AGRICULTURE ORGANIZATION

The Food and Agriculture Organization (FAO) is a specialized agency of the United Nations
(UN), established in 1945 with the mission to defeat hunger, improve nutrition, and promote
sustainable agricultural practices worldwide. The FAO aims to ensure that all people have
access to sufficient and nutritious food to lead healthy lives, aligning its work with
international human rights principles, particularly the right to food.

Composition of the FAO

The FAO is structured to facilitate its global mandate in food security, agriculture, and
nutrition. Its main components include:

1. Conference:
o The FAO Conference is the supreme governing body of the FAO, comprising
representatives from all 194 member states and the European Union. The Conference
meets every two years to discuss and make decisions on the organization's policies,
budget, and priorities.
o Each member state is represented by a delegation, usually led by the Minister of
Agriculture or a senior official from the agricultural sector. The Conference plays a
critical role in shaping the FAO's strategic direction and in approving programs that
address global food and agricultural issues.
2. Council:
o The FAO Council is an executive body that serves as the governing and decision-making
authority between the sessions of the Conference. It consists of 49 member states,
elected for a three-year term, ensuring representation from different regions and economic
levels.
o The Council meets regularly to provide guidance on the implementation of the
Conference’s decisions and to oversee the organization’s operations. It also reviews the
FAO's work program, financial management, and the reports of various FAO committees.
3. Secretariat:
o The Secretariat of the FAO is composed of the staff members responsible for carrying out
the day-to-day work of the organization. It is led by the Director-General, who is elected
by the Conference for a five-year term and is responsible for implementing the decisions
made by the Conference and the Council.
o The Secretariat is organized into several divisions, each focusing on specific areas such as
agriculture, forestry, fisheries, nutrition, and food safety. This structure allows the FAO to
address a wide range of issues related to food security and agricultural sustainability
effectively.
4. Regional and Country Offices:
o The FAO operates through regional offices and country offices that implement programs
tailored to local needs. There are seven regional offices (for Africa, Asia and the Pacific,
Europe and Central Asia, Latin America and the Caribbean, Near East and North Africa,
North America, and South Asia) that work closely with member countries to address
specific agricultural and food security challenges.
o Country offices are established in various nations to support local governments and
communities in implementing FAO initiatives and policies.

Functions of the FAO

1. Setting Standards and Guidelines:

o The FAO develops and promotes international standards for food safety, quality, and
agricultural practices. This includes guidelines for food labeling, pesticide use, and
animal welfare, which help ensure that food products are safe and nutritious for
consumers.
o The Codex Alimentarius, established by the FAO and the World Health Organization
(WHO), is a collection of internationally recognized food standards that promote fair
trade practices and protect consumer health. Codex standards are crucial for ensuring
food safety and enhancing international food trade.
2. Providing Technical Assistance and Capacity Building:
o The FAO offers technical assistance to member states to strengthen their agricultural
sectors, improve food security, and enhance sustainable practices. This includes providing
training, resources, and expertise in various areas, such as crop production, livestock
management, fisheries, and forestry.
o The FAO also engages in capacity-building initiatives to help countries develop and
implement policies and programs that promote sustainable agriculture and improve food
security.
3. Conducting Research and Data Collection:
o The FAO conducts extensive research and collects data on agricultural production, food
consumption, and nutrition trends. This information is crucial for policymakers,
researchers, and organizations working to address food security challenges.
o The FAO Statistical Division compiles and publishes data on various aspects of
agriculture, food production, and rural development. The FAO's Food Security and
Nutrition Portal provides access to important statistics and indicators related to food
security and nutrition.
4. Promoting Sustainable Agriculture and Food Systems:
o The FAO promotes sustainable agricultural practices that minimize environmental
impact, conserve natural resources, and enhance resilience to climate change. This
includes advocating for practices such as agroecology, conservation agriculture, and
integrated pest management.
o The FAO also supports initiatives aimed at reducing food waste and loss, improving food
systems, and enhancing the resilience of rural communities. It emphasizes the importance
of sustainable food systems to achieve food security and promote environmental
sustainability.
5. Advocacy and Policy Development:
o The FAO advocates for policies that support food security, nutrition, and sustainable
agriculture at global, regional, and national levels. It collaborates with governments, civil
society, and international organizations to develop policies that address food security
challenges and promote sustainable agricultural practices.
o The FAO plays a critical role in shaping global discussions on food security, nutrition,
and agricultural development, particularly through its involvement in international forums
such as the Committee on World Food Security (CFS) and the UN Climate Change
Conference.

Achievements and Influence on International Human Rights

1. Promotion of the Right to Food:

o The FAO plays a central role in promoting the right to food as an essential component of
human rights. It advocates for policies and initiatives that ensure all individuals have
access to sufficient, safe, and nutritious food.
o The FAO's Voluntary Guidelines on the Right to Food provide a framework for
governments to develop laws, policies, and programs that respect, protect, and fulfill the
right to food for all.
2. Addressing Hunger and Malnutrition:
o The FAO has made significant strides in reducing hunger and malnutrition globally.
Through its various programs and initiatives, the FAO works to improve food security,
enhance agricultural productivity, and promote nutrition-sensitive interventions that
address the underlying causes of malnutrition.
o The FAO's efforts, particularly in developing countries, have contributed to significant
declines in undernourishment and malnutrition rates, which are critical to ensuring the
realization of the right to food and health.
3. Supporting Vulnerable Populations:
o The FAO focuses on supporting vulnerable populations, including smallholder farmers,
women, indigenous peoples, and marginalized communities, who often face barriers to
accessing food and agricultural resources. The organization advocates for inclusive
policies and programs that empower these groups and ensure their rights to food and
livelihoods.
o The FAO's initiatives, such as the Rural Women’s Economic Empowerment Program,
aim to enhance the capacity of women in agriculture, improve their access to resources,
and promote their rights, contributing to gender equality and social justice.
4. Promoting Sustainable Food Systems:
o The FAO’s emphasis on sustainable agriculture and food systems aligns with the
recognition of the right to food as a human right that must be realized in a manner that
respects environmental sustainability. The organization advocates for practices that
protect natural resources, enhance food security, and address the impacts of climate
change on food production.
o The FAO’s Global Action Programme on Food Security and Nutrition aims to create
resilient and sustainable food systems that ensure access to safe and nutritious food while
protecting the environment.
5. Advocacy for Food Sovereignty:
o The FAO recognizes the importance of food sovereignty, which emphasizes the rights of
communities to define their food systems and agricultural policies. It advocates for
policies that empower communities to control their food production and protect their
rights to food, thus contributing to the realization of human rights at the local level.
o By supporting local food systems and encouraging the participation of smallholder
farmers and indigenous peoples in decision-making processes, the FAO promotes the
right to food in a manner that respects cultural identities and local knowledge.

5 IMF- INTERNATIONAL MONETARY FUND

The International Monetary Fund (IMF) is a specialized agency of the United Nations (UN)
established in 1944 with the goal of promoting international monetary cooperation,
facilitating global trade, fostering economic growth, and reducing poverty around the world.
The IMF provides financial assistance, policy advice, and technical assistance to its member
countries, especially during economic crises.

Composition of the IMF

The IMF is composed of 190 member countries, each of which has a representation based on
its financial contributions to the Fund. The organizational structure includes:

1. Board of Governors:
o The Board of Governors is the highest decision-making body of the IMF and consists of
one governor from each member country, usually the country's finance minister or central
bank governor.
o The Board meets annually to discuss the IMF's policies, budget, and overall direction.
The governors have the authority to decide on major issues affecting the Fund, including
quota adjustments and governance reforms.
2. Executive Board:
o The Executive Board is responsible for the day-to-day operations of the IMF and consists
of 24 Executive Directors who represent the member countries or groups of countries.
o The Executive Board meets several times a week and makes decisions on financial
assistance requests, program implementation, and surveillance activities. It ensures the
effective functioning of the IMF and oversees its operations.
3. Managing Director:
o The Managing Director is the head of the IMF and is selected by the Executive Board.
The Managing Director oversees the Fund's operations and represents the IMF in
international forums.
o The Managing Director is responsible for implementing the policies set by the Board of
Governors and the Executive Board, and for managing the staff of the IMF.
4. Staff:
o The IMF staff comprises economists, financial experts, and technical specialists from
various countries. They conduct research, provide policy advice, and assist member
countries in implementing IMF programs.
o The staff plays a crucial role in analyzing economic conditions, assessing financial needs,
and developing tailored solutions for member countries facing economic challenges.

Functions of the IMF

1. Surveillance:
o The IMF conducts economic surveillance by monitoring global economic trends,
assessing the economic policies of member countries, and providing policy advice. This
involves reviewing member countries' macroeconomic performance, exchange rate
policies, fiscal policies, and structural reforms.
o Through its Article IV consultations, the IMF engages in annual discussions with
member countries to evaluate their economic policies and provide recommendations for
enhancing stability and growth.
o
2. Financial Assistance:
o The IMF provides financial assistance to member countries facing balance of payments
problems or financial crises. This assistance comes in the form of loans, which can help
countries stabilize their economies, restore confidence, and implement necessary reforms.
o The IMF offers various lending programs, including Stand-By Arrangements (SBAs),
Extended Fund Facility (EFF), and Structural Adjustment Programs (SAPs), each tailored
to address specific needs of countries.
3. Capacity Development:
o The IMF offers technical assistance and training to member countries to strengthen their
capacity in economic management, fiscal policy, monetary policy, and financial sector
supervision. This includes providing expertise, training programs, and resources to help
countries improve their institutions and economic frameworks.
o Capacity development is essential for enhancing member countries' resilience to
economic shocks and for fostering sustainable economic growth.
4. Research and Data Collection:
o The IMF conducts extensive research on global economic issues, financial stability, and
development challenges. It publishes reports, working papers, and economic analyses that
inform policymakers and the public about trends and challenges in the global economy.
o The IMF's World Economic Outlook and Global Financial Stability Report are two key
publications that provide insights into global economic trends, risks, and policy
recommendations.
5. Global Monetary Cooperation:
o The IMF fosters global monetary cooperation by providing a forum for member countries
to discuss and coordinate their monetary and financial policies. It plays a crucial role in
facilitating dialogue on international monetary issues and promoting stability in the global
financial system.
o The IMF's role as a global monetary authority is vital in times of financial instability, as it
helps member countries navigate crises and work towards recovery.

Achievements and Influence on International Human Rights

While the IMF is primarily focused on macroeconomic stability and financial systems, its
policies and programs can have direct implications for human rights, especially regarding
economic rights.

1. Promotion of Economic Stability:

o The IMF's financial assistance helps stabilize economies, which can contribute to the
protection of economic and social rights. By providing loans to countries facing financial
crises, the IMF enables governments to maintain essential public services, including
education, healthcare, and social safety nets, thereby supporting human rights.
o Stable economies can better afford to invest in social programs and infrastructure that
contribute to the realization of human rights.
2. Social Spending Guidelines:
o The IMF has increasingly recognized the importance of social spending in its lending
programs. It encourages countries to prioritize social spending in their budgets, especially
during economic adjustments, to mitigate the negative impacts of austerity measures on
vulnerable populations.
o The IMF's guidance on maintaining social safety nets during economic reforms reflects
its commitment to addressing the human rights implications of economic policies.

3. Focus on Gender Equality:

o The IMF acknowledges the importance of gender equality in promoting economic growth
and stability. It supports policies that enhance women's participation in the labor force
and promotes gender-sensitive approaches to economic reforms.
o By advocating for gender-responsive fiscal policies and social protection programs, the
IMF contributes to the realization of women's rights and gender equality.
4. Capacity Development for Human Rights:
o The IMF's technical assistance programs help strengthen institutions that play a critical
role in protecting human rights, such as central banks, finance ministries, and regulatory
bodies. By enhancing these institutions' capacities, the IMF indirectly supports the
enforcement of economic and social rights.
o The IMF's collaboration with other UN agencies and international organizations allows it
to integrate human rights considerations into economic policy discussions and
development frameworks.
5. Engagement with Civil Society:
o The IMF has increasingly engaged with civil society organizations and human rights
advocates to enhance its understanding of the social impacts of its policies. This
engagement allows the IMF to consider the human rights implications of its programs and
to incorporate feedback from affected communities.
o By fostering dialogue with stakeholders, the IMF aims to create a more inclusive
approach to economic policymaking that respects human rights.
 UNIT- 9

(Charter Based & Treaty Based Bodies)

CHARTER-BASED BODIES:

Charter-based bodies are human rights institutions established under the authority of the
United Nations (UN) Charter, specifically to promote and protect human rights globally.
These bodies operate based on the UN Charter itself rather than specific treaties, which sets
them apart from treaty-based bodies that are formed by specific human rights treaties. The
charter-based system is broader and has a universal scope because it is concerned with human
rights issues in all UN member states, regardless of whether the state is a party to a specific
treaty.

Charter-based bodies derive their authority from the UN Charter, making their mandate
applicable to all UN member states. These bodies were created to oversee, monitor, and
promote the implementation of human rights on a global scale, dealing with a wide range of
human rights concerns.

Key Characteristics of Charter-Based Bodies:

1. Universal Scope: Unlike treaty-based bodies that only monitor states that have ratified a
specific treaty, charter-based bodies cover all 193 UN member states. This gives them a
global reach, enabling them to address human rights violations in any country, even if that
country has not ratified specific human rights treaties.
2. Mandate from the UN Charter: Charter-based bodies are grounded in the legal
framework of the United Nations Charter itself, primarily through Article 68, which
allows for the establishment of commissions on human rights. They act as mechanisms
 under the UN system to promote universal respect for human rights, unlike treaty-based
bodies that focus on specific treaties like the ICCPR.
3. Non-treaty Oversight: Charter-based bodies do not require member states to ratify
specific treaties in order to engage with them. Instead, these bodies have broad mandates,
such as promoting human rights, addressing violations, and providing recommendations
for improvement based on reports, investigations, and studies.
4. Involvement of Multiple Stakeholders: These bodies often involve not only member
states but also non-governmental organizations (NGOs), civil society organizations, and
human rights defenders. This encourages a multilateral approach to addressing human
rights issues, enabling collaboration across different sectors.
5. Flexible Methods of Engagement: The bodies have a wide range of methods at their
disposal to monitor and address human rights violations. These include special
procedures, such as special rapporteurs, independent experts, working groups, universal
periodic reviews, and fact-finding missions. Charter-based bodies can respond to
emergent human rights situations quickly, using tools such as country-specific
investigations and thematic studies on broader issues like torture, the rights of women, or
the rights of indigenous peoples.

Key Charter-Based Bodies and Their Processes

1. United Nations Human Rights Council (HRC)

The Human Rights Council is the most prominent and central charter-based body, replacing
the former Commission on Human Rights in 2006. It is an intergovernmental body made up
of 47 UN member states responsible for strengthening the promotion and protection of
human rights globally.

FUNCTIONS:

1. Promotion and Protection of Human Rights:

o The HRC is responsible for addressing human rights violations and making
recommendations on how they can be remedied. It covers a wide array of thematic
issues, such as freedom of expression, women's rights, torture, and racial
discrimination.
o The HRC also works to promote the implementation of international human rights
standards, often guiding states on how to better align their national laws and practices
with global norms.

2. Holding Regular and Special Sessions:

o The HRC meets at least three times a year in regular sessions in Geneva. These
sessions are designed to provide a forum for member states to discuss human rights
issues, hear reports from UN agencies, and address thematic issues and country-
specific situations.
o In addition, special sessions are held as needed, typically in response to urgent human
rights crises. These special sessions provide an emergency mechanism to address
ongoing human rights abuses, such as conflicts, natural disasters, or systemic violence.

3. Special Procedures:
 o The HRC employs special procedures to examine specific human rights issues or
situations in individual countries. These include Special Rapporteurs, Independent
Experts, and Working Groups who are mandated to investigate, monitor, and report
on human rights situations globally.
o These experts are independent, and their reports are submitted to the Council for
consideration, often leading to resolutions that guide global human rights policy and
offer recommendations for action.

4. Universal Periodic Review (UPR):

o One of the HRC's key mechanisms is the Universal Periodic Review (UPR), a process
that reviews the human rights records of all UN member states on a regular basis
(explained in more detail below). This ensures universal coverage and equal
treatment of all countries.
o The HRC monitors the implementation of UPR recommendations and holds countries
accountable for the progress or lack thereof in improving their human rights records.

5. Issuing Resolutions and Recommendations:

o The HRC issues resolutions on a wide range of human rights concerns. These
resolutions are non-binding but carry significant moral and political weight. They can
focus on both thematic human rights issues or specific country situations, where the
Council deems that human rights violations require international attention.
o These resolutions often provide guidance to states and call on governments,
international organizations, and NGOs to take appropriate actions to protect and
promote human rights.

PROCESSES-

a. Reporting System:

 The HRC reports to the UN General Assembly. It conducts regular sessions where
member states present national reports on their human rights situation, primarily through
the Universal Periodic Review (UPR) process.
 States under review submit their reports, and recommendations from other states are
documented in the UPR outcome report. The final report is debated in the Council’s
sessions, where states have the opportunity to accept or reject the recommendations.
 In addition, the HRC receives reports from special rapporteurs, independent experts, and
working groups who are mandated to investigate specific thematic issues or country
situations.

b. Documentation System:

 The Council's documentation includes state reports, NGO submissions, independent

expert reports, and special rapporteur findings. All official documents are maintained in
the UN’s electronic document system (ODS), available for member states and the public.
 These documents are archived and made accessible for future reference, and they are
often accompanied by sessional reports, resolutions, and outcome documents of the UPR.

c. Authority:
 The Human Rights Council has the authority to address human rights violations by
adopting resolutions, appointing independent experts and special rapporteurs, and
establishing fact-finding missions or commissions of inquiry.
 The Council can act on emergent human rights crises through special sessions, which can
be convened if at least one-third of its members request such a session.

d. Voting System:

 The Human Rights Council comprises 47 member states elected by the UN General
Assembly. Membership is determined based on geographical distribution, with seats
allocated to different regions, ensuring global representation.
 Resolutions and decisions in the HRC are passed through a simple majority vote. Every
member state has one vote, and resolutions are typically adopted or rejected based on the
number of affirmative or negative votes.
 Voting patterns are often influenced by political alliances, regional considerations, and
the interests of member states.
e. Working:

 The HRC holds regular sessions three times a year (in March, June, and September) and
special sessions as needed, particularly to address emerging human rights crises.
 The Council’s work includes discussing thematic human rights issues, such as the right to
education, women’s rights, and the rights of children, alongside specific country
situations where there may be allegations of severe human rights violations.
 Special procedures like independent experts, working groups, and rapporteurs submit
their findings during these sessions, contributing to the Council’s understanding of global
human rights challenges.

f. Subsidiary Bodies:

 The HRC has a number of subsidiary bodies that assist it in fulfilling its mandate:
1. Universal Periodic Review (UPR): A mechanism where the human rights
records of all UN member states are reviewed regularly.
2. Human Rights Council Advisory Committee: This acts as a think tank to
provide expertise and advice to the council.
3. Complaint Procedure: This mechanism allows individuals, groups, or
organizations to bring complaints about gross and reliably attested violations of
human rights to the attention of the Council.

2. Office of the High Commissioner for Human Rights (OHCHR)

The Office of the High Commissioner for Human Rights (OHCHR) serves as the secretariat
for the Human Rights Council and is the primary administrative body for all human rights
activities within the UN system.

a. Reporting System:

 OHCHR reports annually to the UN General Assembly and ECOSOC on its activities,
including the promotion of human rights and its efforts to engage states in better human
rights practices.
 It also compiles reports for the Human Rights Council, supporting its UPR processes and
other mechanisms. The High Commissioner presents findings and issues reports on
human rights conditions globally, sometimes addressing specific emergency human rights
situations.

b. Documentation System:

 OHCHR documents consist of the reports of the High Commissioner, thematic studies,
country-specific analyses, and statistical data. These are stored and archived within the
UN’s digital repositories and are essential to both policymaking and UN advocacy for
human rights.
 The office also provides technical and logistical support to the Human Rights Council by
managing the UPR documentation system and ensuring the proper filing of reports,
communications, and evidence.
c. Authority:
 The OHCHR has the authority to advocate for human rights globally, issue public
statements on human rights crises, and recommend actions to the General Assembly and
the Human Rights Council. It acts as the global moral voice for human rights.
 It can also provide capacity-building assistance to states, offering support for the
development of national human rights infrastructures and legislative frameworks.

d. Voting System:

 The OHCHR is not a voting body itself but provides advice and expertise to other UN
organs. However, it supports adoptive resolutions passed by the General Assembly
and Human Rights Council by providing necessary documentation, facilitating meetings,
and providing legal and policy analyses.

3. Special Procedures (Independent Experts, Rapporteurs, and Working

Groups)

Special Procedures are mechanisms created by the Human Rights Council to address either
specific country situations or thematic human rights issues. These include independent
experts, special rapporteurs, and working groups who are mandated to investigate and report
on various human rights concerns.

a. Reporting System:

 Special procedures report directly to the Human Rights Council and occasionally to the
General Assembly. Their reports are based on country visits, research, and investigations
of human rights conditions.
 They often conduct fact-finding missions to investigate alleged violations and submit
annual reports that highlight their findings, recommendations, and areas of concern.

b. Documentation System:

 The documentation from special procedures includes mission reports, investigation

summaries, urgent appeals, and communications between the UN and member states.
 These are publicly available through the OHCHR’s website and are crucial for
transparency.
 Urgent appeals and letters of allegations are also documented, which involve direct
communications with governments regarding specific human rights concerns.

c. Authority:

 Special procedures have the authority to investigate and report but not to enforce
sanctions or legal measures. However, they wield considerable influence through their
public reports and recommendations, which can spur international pressure or national
reforms.
 Some rapporteurs and working groups are empowered to intervene directly by
communicating with governments regarding alleged human rights violations.

d. Voting System:

 Since special procedures are non-political experts, they do not engage in voting.
However, their reports and recommendations are often discussed and acted upon by
voting members of the Human Rights Council and other UN bodies.

e. Research System:

 The research conducted by special rapporteurs and working groups is both field-based
and thematic. They collect data through interviews, surveys, and on-the-ground
assessments. These experts also consult with NGOs, human rights defenders, academics,
and regional bodies to ensure a comprehensive understanding of human rights situations.
 Their reports serve as crucial resources for both the UN and international human rights
advocacy.

Universal Periodic Review (UPR)

The Universal Periodic Review (UPR) is one of the most unique mechanisms of the Human
Rights Council, established in 2006 as a way to assess the human rights records of all 193
UN member states. It ensures that each state undergoes a review every four to five years,
irrespective of its treaty obligations.

FUNCTIONS-

1. Reviewing the Human Rights Situation in Every Country:

o The UPR is designed to review the human rights performance of every UN member state
on a four- to five-year cycle. This ensures that no country is exempt from scrutiny, and it
fosters a universal and equal approach to human rights evaluation.
o Each country is assessed on how well it has implemented international human rights
standards, including treaties it has ratified and the UN Charter obligations.
2. National Reports and Stakeholder Inputs:
o As part of the UPR process, the country under review submits a national report detailing
its human rights efforts, challenges, and achievements. The report outlines the laws,
policies, and programs that the state has implemented to uphold human rights.
o The UPR process also includes input from UN human rights bodies, NGOs, civil society,
and national human rights institutions. This ensures a balanced and comprehensive
review.
3. Interactive Dialogue and Recommendations:
o During the UPR session, an interactive dialogue takes place between the state under
review and other UN member states. This dialogue provides a platform for states to raise
concerns, ask questions, and make recommendations for improving the human rights
situation in the country under review.
o At the end of the session, the state is given the opportunity to accept or reject the
recommendations. These recommendations are included in the UPR outcome report,
which is formally adopted by the HRC.
4. Follow-up and Accountability:
o One of the key functions of the UPR is ensuring that states implement the
recommendations they receive during their review. States are encouraged to submit mid-
term reports before their next UPR cycle, showing progress on the recommendations.
o The HRC monitors whether countries have fulfilled their obligations and implemented the
recommendations from their previous reviews, ensuring ongoing accountability and
follow-up.
5. Promoting International Cooperation:
o The UPR fosters international cooperation on human rights issues, as states often share
best practices and lessons learned during the review process. Countries also receive
technical assistance from UN agencies and other states to implement recommendations.
o The UPR is an important forum for dialogue, enabling countries to learn from each other
and improve their human rights practices through cooperative engagement rather than
condemnation.

a. Reporting:

 Each state submits a national report on the current status of human rights within its
borders. This report outlines the country’s efforts to fulfill its human rights
obligations and the progress it has made.
 The UPR also includes reports from UN agencies, human rights bodies, and NGOs
to provide a balanced and comprehensive understanding of the situation in the state
under review.
 The Working Group of the UPR (comprising the 47 HRC member states) reviews
the reports and conducts interactive dialogues with the state in question, offering
recommendations for improving human rights in the country

b. Resolutions:

 The UPR itself does not pass resolutions; rather, it makes recommendations for the
state under review. These recommendations can address a wide range of human rights
issues, from legislation to social practices.
  States are expected to respond to the recommendations, either by accepting or
rejecting them. The responses and follow-up actions are reviewed during the next
UPR cycle.

c. Voting:

 The UPR operates through consensus, and while there is no formal voting process,
states’ responses to recommendations are noted in the outcome reports. The process
relies heavily on peer review, with other states engaging in dialogue rather than voting
on specific outcomes.

d. Subsidiary Bodies:

 While the UPR itself is a subsidiary mechanism of the Human Rights Council, it
functions with the support of OHCHR and other UN agencies to ensure the review
process is thorough and well-documented.

3. Human Rights Council Advisory Committee

The Human Rights Council Advisory Committee serves as the think tank for the Human
Rights Council. It provides expert advice and recommendations on thematic human rights
issues. The committee is composed of 18 experts from different geographical regions,
appointed by the Human Rights Council based on their expertise in human rights law and
related fields.

a. Reporting:

 The Advisory Committee conducts in-depth research and presents reports on thematic
issues as requested by the Human Rights Council. These reports often explore new areas
of human rights, providing the Council with research-based recommendations for further
action.
 The committee’s work is typically presented in the form of studies, reports, or proposals
for consideration by the Human Rights Council.

b. Resolutions:

 The Advisory Committee itself does not pass resolutions; its role is to advise and
recommend based on its research findings. Its recommendations can lead to the
development of resolutions by the Human Rights Council, which may address specific
thematic issues or result in special procedures to investigate human rights concerns.

c. Voting:

 There is no formal voting process within the Advisory Committee. Decisions are
made by consensus, and the body’s recommendations are presented as advice to the
Human Rights Council, which may then take formal action through resolutions.

e. Subsidiary Bodies:
  The Advisory Committee is a subsidiary body of the Human Rights Council. It does
not have its own subsidiary mechanisms but works closely with special rapporteurs,
working groups, and other thematic human rights bodies to gather data and produce
comprehensive reports.

TREATY- BASED BODIES

Treaty-based human rights bodies are specialized entities established under international
human rights treaties. Unlike charter-based bodies that derive authority from the United
Nations Charter and have broad mandates, treaty-based bodies derive their existence from the
provisions of specific human rights treaties. They monitor and oversee the implementation of
the treaties by state parties that have ratified or acceded to those treaties. These bodies are
composed of independent experts who meet regularly to assess state compliance and address
individual complaints. Their decisions are typically consensus-based and apply only to
countries that have accepted the treaty.

Key Characteristics of Treaty-Based Bodies:

1. Legal Basis: Treaty-based bodies exist due to specific legal instruments—international

human rights treaties. They have a narrow mandate confined to the set of rights and
obligations codified in the treaties they oversee.
2. Limited Scope: Their focus is restricted to issues contained within the specific treaty they
monitor. They address human rights violations or compliance in countries that have
ratified the relevant treaty.
3. Restricted Audience: These bodies address only state parties that have ratified the
respective human rights convention. Their decisions and recommendations are applicable
solely to those nations that have agreed to be bound by the treaty.
4. Decision-Making by Consensus: Decisions made by treaty-based bodies are generally
based on consensus among the independent experts that constitute the body.

Monitoring Mechanisms:

Treaty-based bodies use several mechanisms to monitor and enforce treaty obligations. These
include:

 State Party Reports: Each state party to a treaty is required to submit periodic reports
detailing its progress and compliance with the provisions of the treaty. The treaty bodies
review these reports and issue concluding observations, highlighting areas of
improvement and concern.
 General Comments and Recommendations: Treaty bodies issue general comments or
recommendations that clarify the interpretation of treaty provisions. These comments
provide guidance to state parties on the practical implementation of treaty rights and
obligations.
 Individual Complaints: Some treaty bodies can consider complaints from individuals or
groups who allege that their rights under the treaty have been violated by a state party.
 These complaints are subject to strict admissibility criteria, such as the exhaustion of
domestic remedies.
 Inter-State Complaints: Certain treaties allow one state party to lodge a complaint
against another for failing to uphold its treaty obligations. However, this mechanism is
rarely used.

Key Features of Treaty-Based Bodies

1. Creation by International Human Rights Treaties: Unlike other international

organizations, these bodies exist only because a specific treaty calls for their creation. For
example:
o The Human Rights Committee (HRC) monitors the implementation of the
International Covenant on Civil and Political Rights (ICCPR).
o The Committee on the Elimination of Discrimination against Women (CEDAW
Committee) oversees the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW).
o The Committee on the Rights of Persons with Disabilities (CRPD Committee),
monitors the CRPD.

2. Independent Experts: Members of these committees are not government representatives.

Instead, they are elected experts who serve in their personal capacity, ensuring they are
independent of the State’s influence. The experts are chosen based on their expertise in
areas relevant to the treaty.
3. Mandate to Monitor Compliance: The primary role of these bodies is to assess how
well the States parties are complying with their obligations under the treaty. They do this
mainly through:
o Review of periodic reports submitted by States parties.
o Issuing concluding observations and recommendations.
o Investigating individual complaints, when applicable.
o General Comments/General Recommendations to interpret the scope of treaty
obligations.

How Treaty-Based Bodies Function: Reporting, Reviewing, and Record-Keeping

1. Reporting Process-

 State Reporting Obligations: All States that are parties to a treaty must regularly submit
detailed reports to the respective treaty body. These reports outline the legal,
administrative, judicial, and policy measures that have been taken to implement the
treaty’s provisions.
o For most treaties, the initial report is due within 1-2 years after the treaty comes
into force for that country.
o After the initial report, States must submit periodic reports (typically every 4 to
5 years) updating the treaty body on developments.
  Contents of the Report: State reports typically cover:
o Legal measures taken to incorporate the treaty into domestic law.
o Policies and programs that support the rights protected by the treaty.
o Statistical data on how the country has progressed.
o Challenges or obstacles to full implementation.

Example: Under the CRPD, a country may submit a report detailing steps taken to make
public buildings accessible to people with disabilities, along with any new laws enacted.

 Civil Society Reports/Shadow Reports: NGOs, civil society organizations, and

national human rights institutions often submit alternative reports (called shadow
reports) to provide additional or counter-information to what the State provides. These
reports help the treaty body understand any gaps or issues that the State may have
overlooked or underreported.

2. Reviewing Process-

 Dialogue with States: Once a State submits its report, the treaty body engages in a formal
constructive dialogue with representatives from that State. The treaty body will pose
questions and ask for clarifications on various aspects of the report. These sessions are
often public and are attended by NGOs and other stakeholders.
o The aim is not to punish or criticize, but to encourage States to improve their
implementation of the treaty.
 List of Issues: Before the dialogue, the committee may send the State a List of Issues
(LOI), which contains specific questions the committee would like more information on.
This could focus on areas where the report lacked detail or where the committee has
concerns based on civil society input.

Example: The CRPD Committee may ask a State for more details on its education system
for people with disabilities or inquire about access to healthcare services for disabled
individuals.

 Concluding Observations: After the dialogue, the treaty body issues Concluding
Observations, which include:
o Commendations: Recognizing progress or positive developments.
o Concerns: Highlighting areas where the State is not meeting its obligations.
o Recommendations: Offering concrete suggestions or action points for improving
compliance.

Example: After reviewing a State's report on CRPD, the committee might recommend
expanding vocational training programs for people with disabilities or revising policies that
limit their access to public transportation.

3. Record Keeping and Follow-Up-

 Maintaining Records: Each treaty body keeps a thorough record of all submitted reports,
dialogue sessions, shadow reports, and concluding observations. This documentation is
crucial for:
o Historical records: States and stakeholders can track the progress and challenges
over time.
 o Transparency: All reports and concluding observations are made public. This
promotes accountability, as the public and NGOs can monitor whether a State is
following the recommendations.
 Follow-up Mechanisms: Some treaty bodies have formal mechanisms for follow-up.
They may request a follow-up report within a specific time frame (e.g., two years) to
show how the State has implemented the recommendations made in the concluding
observations. In some cases, special rapporteurs may be appointed to oversee and monitor
follow-up actions.

4. Handling Individual Complaints

 Many treaty-based bodies can also hear complaints from individuals or groups who
claim their rights under the treaty have been violated. However, this is only possible if the
country has accepted the treaty’s Optional Protocol (if applicable) that allows for
individual complaints.
 Admissibility and Review: Once a complaint is submitted, the committee reviews
whether it meets admissibility requirements (e.g., all domestic remedies must be
exhausted). If accepted, the treaty body examines the merits of the case, and issues a view
or decision.
 General Comments: Treaty bodies also issue general comments or general
recommendations, which provide authoritative guidance on how to interpret specific
treaty provisions. These comments are meant to clarify ambiguities in the treaty text and
help States better understand their obligations.

5. Country Visits and Inquiries-

 Some treaty bodies are empowered to conduct inquiries into grave or systemic violations
of the treaty in a particular country. This is done in cases where there are consistent
reports of large-scale violations.
 These bodies can also undertake country visits to assess situations on the ground if the
relevant Optional Protocol allows it and the State consents to the visit.

Key UN Treaty-Based Bodies:

1. Human Rights Committee (HRC): Oversees the International Covenant on Civil and
Political Rights (ICCPR). Established by Article 28 of the ICCPR, the HRC monitors
the implementation of civil and political rights such as freedom of speech, fair trial, and
protection from torture. The committee reviews state reports, examines individual
complaints under the First Optional Protocol, and issues general comments on thematic
issues related to the ICCPR.
2. Committee on Economic, Social, and Cultural Rights (CESCR): Supervises the
International Covenant on Economic, Social and Cultural Rights (ICESCR).
 Established in 1985, CESCR monitors the implementation of rights such as the right to
work, education, health, and adequate living standards. The committee considers state
reports and issues general comments on economic, social, and cultural rights.
3. Committee on the Elimination of Racial Discrimination (CERD): Oversees the
International Convention on the Elimination of All Forms of Racial Discrimination
(ICERD). CERD monitors state parties' efforts to eliminate racial discrimination. It
reviews state reports, provides early warnings to prevent conflicts based on racial
tensions, and can consider individual complaints under Article 14 of the Convention.
4. Committee on the Elimination of Discrimination against Women (CEDAW):
Monitors the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW). CEDAW addresses violations of women’s rights, examines state
reports, and handles individual complaints. The committee can also initiate inquiries into
systematic violations of women’s rights.
5. Committee Against Torture (CAT): Supervises the Convention against Torture and
Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT). CAT
monitors state compliance with obligations to prevent and punish torture. It reviews state
reports, considers individual and inter-state complaints, and may initiate inquiries into
widespread torture.

DIFFERENCE BETWEEN CHARTER & TREATY BASED BODIES

ASPECT CHARTER-BASED BODIES TREATY-BASED BODIES

FOUNDATION Established by the UN Charter Established by specific international

(specifically Chapter XIII), which is the treaties or conventions that countries
founding document of the UN. voluntarily ratify.
PRIMARY Promote and protect human rights Monitor the implementation of specific
OBJECTIVE globally, as outlined in the UN Charter, human rights treaties by States that
with a broad mandate. have ratified those treaties.
LEGAL Derive their authority directly from the Derive authority from specific treaties.
AUTHORITY UN Charter, making them applicable to Only States that have ratified the
all 193 member States of the UN. respective treaty are bound by their
mandates.
MANDATE Cover a broad and general range of Address specific human rights issues
human rights issues, applicable to all UN based on the treaty they are monitoring
member States. (e.g., child rights, racial discrimination).
SCOPE OF WORK Global mandate to monitor human Focus only on States that have ratified the
rights in all UN member countries, relevant treaty and are obligated to
including those that have not ratified comply with its provisions.
specific treaties.
MONITORING Charter-based bodies, like the Human
MECHANISM Rights Council and Universal Periodic Treaty-based bodies review periodic
Review (UPR), monitor human rights in reports from States that have ratified the
all UN member States. treaty and issue concluding observations.
KEY EXAMPLES - Human Rights Council (HRC) - Human Rights Committee (HRC)
- Office of the High Commissioner for (ICCPR)
Human Rights (OHCHR) - Committee on the Elimination of
- Special Procedures (e.g., Special Racial Discrimination (CERD)
Rapporteurs) - Committee on the Rights of Persons
- Universal Periodic Review (UPR) with Disabilities (CRPD)

MEMBERSHIP Composed of State representatives Composed of independent experts

(governmental), as in the Human Rights serving in a personal capacity. Members
Council, where 47 UN member States are are elected based on their expertise.
elected by the General Assembly.
APPOINTMENT Members (e.g., in the Human Rights Experts are elected by States parties to
OF MEMBERS Council) are elected by the UN General the treaty but serve independently,
Assembly from among the member without representing their government.
States.
COUNTRY Charter-based bodies (like Special Some treaty
VISITS Rapporteurs) can conduct country visits bodies can conduct inquiries or country
upon invitation by the State, but not visits, but only if the State has accepted
bound by treaty law. such provisions in the treaty.
COMPLAINT Special Procedures (like Special Treaty-based bodies can examine
MECHANISM Rapporteurs) and the OHCHR can individual complaints if the country has
receive complaints about human rights ratified the Optional Protocol to the
violations but focus on broad violations. treaty, allowing for individual
complaints.
REPORTING Charter-based bodies monitor compliance States parties are required to submit
PROCESS through the Universal Periodic Review periodic reports on their implementation
(UPR) and thematic reporting processes, of the treaty. Treaty bodies review these
applicable to all UN member States. reports and issue concluding
observations.
PUBLIC NGOs and civil society can participate in NGOs and civil society can submit
INVOLVEMENT the Human Rights Council and provide shadow reports to treaty bodies to
 shadow reports in the UPR process. provide alternative views on State
reports.
FOCUS ON NON- Charter-based bodies (e.g., Special Treaty-based bodies primarily focus on
STATE ACTORS Rapporteurs) can investigate human the obligations of States under
rights abuses committed by both States international law, though they can
and non-State actors, including address certain non-State actor issues
companies or individuals. through interpretations.
ACCOUNTABILI The Universal Periodic Review Treaty bodies issue concluding
TY MECHANISM (UPR) reviews the human rights record observations based on periodic reports,
of all States every 4.5 years. The Human and some can address individual
Rights Council can issue resolutions but complaints. However, their decisions are
lacks binding enforcement. also not legally binding, though they hold
persuasive value.
STRENGTHS - Universal application across all UN - Focused on specific human rights
member States issues under particular treaties
- Ability to address a broad range of - Detailed scrutiny of States' compliance
human rights violations with their treaty obligations
- Mechanisms like the UPR provide - Can address individual cases if States
regular reviews of all member States' accept the complaint mechanism.
human rights records.
LIMITATIONS - Can only make recommendations, - Treaty bodies can only monitor States
lacks binding authority or strong that are parties to the treaty, meaning
enforcement powers. not all States are subject to their
- Limited follow-up on recommendations jurisdiction.
made through the UPR. - Decisions are also not legally binding,
but have strong moral and political
weight.

UNIT- 10

European Convention on Human Rights (ECHR)

HISTORY:

1. Post-WWII Context
After World War II, Europe was devastated by unprecedented destruction and human rights
atrocities, including the Holocaust. These events highlighted the need to establish a system
that would prevent the recurrence of such violations and safeguard fundamental human
rights. The widespread human rights abuses during the war motivated European leaders to
take steps towards creating a unified political and legal framework for the protection of
human rights.

Prominent figures like Winston Churchill and Robert Schumann advocated for stronger
European cooperation and integration to secure lasting peace and democracy. They believed
that protecting human rights was essential to this mission. In this context, in 1946, Churchill
called for a “United States of Europe,” and in 1948, the Congress of Europe was held,
bringing together leaders, intellectuals, and civil society to discuss the future of Europe and
the means to achieve unity and peace.

2. Formation of the Council of Europe

The outcome of the Congress of Europe was the establishment of the Council of Europe
(CoE) on May 5, 1949, through the Treaty of London. The CoE was conceived as a regional
intergovernmental organization dedicated to promoting democracy, human rights, and the
rule of law across Europe. Initially, it comprised 10 member states, but over time it grew to
include 47 countries, almost covering the entire continent.

3. Drafting the European Convention on Human Rights

One of the primary missions of the Council of Europe was to create a legal instrument that
would enshrine fundamental human rights and establish a mechanism to enforce them. Thus,
in 1950, the founding states of the Council of Europe drafted the European Convention on
Human Rights (ECHR), officially called the "Convention for the Protection of Human Rights
and Fundamental Freedoms." It was opened for signature in Rome on November 4, 1950, and
entered into force on September 3, 1953.

The ECHR was designed to be more than just a declaration of rights. It established a
supranational judicial body, the European Court of Human Rights (ECtHR), which would
monitor and ensure compliance by member states. The Convention was significant because it
created an international system that allowed individuals, not just states, to seek remedies if
their rights were violated by a government.

EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)

The European Convention on Human Rights is one of the most important and influential
human rights documents in the world. Its main purpose is to protect the civil and political
rights of individuals across Europe. The Convention has also inspired the development of
human rights laws and courts outside Europe.
1. Structure of the Convention

The Convention is divided into several sections, each focusing on different aspects of human
rights protection:

 Section I: Contains substantive civil and political rights.

 Section II: Establishes the European Court of Human Rights and outlines its role in
enforcing the Convention.

2. Key Rights Guaranteed by the ECHR

The Convention outlines a range of rights and freedoms, and over time, additional Protocols
have expanded these rights. Some of the most important rights include:

a. Right to Life (Article 2): Every person’s right to life is protected by law. Governments
must refrain from arbitrary killings, and any use of force must be necessary and
proportional.
b. Prohibition of Torture (Article 3): Torture, inhuman or degrading treatment or
punishment is strictly prohibited.
c. Prohibition of Slavery and Forced Labour (Article 4): No one shall be held in slavery
or servitude, and forced labour is prohibited.
d. Right to Liberty and Security (Article 5): Protects individuals from arbitrary arrest and
detention, guaranteeing the right to challenge detention in court.
e. Right to a Fair Trial (Article 6): Everyone is entitled to a fair and public hearing within
a reasonable time by an independent and impartial tribunal.
f. No Punishment Without Law (Article 7): No one can be held guilty of a criminal
offence unless it was defined as a crime under law at the time the act was committed.
g. Right to Respect for Private and Family Life (Article 8): Everyone has the right to
respect for their private and family life, home, and correspondence.
h. Freedom of Thought, Conscience, and Religion (Article 9): This article protects the
freedom to hold beliefs and practice religion.
i. Freedom of Expression (Article 10): Individuals have the right to freely express
opinions, subject to limitations necessary in a democratic society.
j. Freedom of Assembly and Association (Article 11): Individuals have the right to
peaceful assembly and to form or join associations, including trade unions.
k. Right to Marry (Article 12): Men and women of marriageable age have the right to
marry and found a family, according to national laws.
l. Prohibition of Discrimination (Article 14): This article ensures that the rights and
freedoms set out in the Convention are enjoyed without discrimination on any ground,
such as race, religion, or gender.

3. Protocols to the ECHR

The ECHR has been supplemented by several Protocols that have expanded the list of rights.
For example:

 Protocol No. 1: Adds rights related to property, education, and free elections.
  Protocol No. 4: Prohibits imprisonment for debt, guarantees freedom of movement, and
protects against expulsion from a country.
 Protocol No. 6: Abolishes the death penalty in peacetime.
 Protocol No. 13: Extends the abolition of the death penalty to all circumstances.

4. Enforcement Mechanism – European Court of Human Rights (ECtHR)

The ECHR's most unique and innovative feature is its enforcement mechanism through the
ECtHR. The Court, based in Strasbourg, was established in 1959 to supervise the
implementation of the ECHR by member states. Over time, its role has evolved into one of
the most important judicial institutions for human rights globally.

The European Court of Human Rights (ECtHR) hears cases brought by individuals,
groups, or states who believe their rights under the Convention have been violated. It
provides an effective international remedy for human rights abuses. For instance, individuals
can file complaints directly against their governments, a revolutionary development in
international law.

FUNCTIONS OF ECHR

1. Protecting Fundamental Rights and Freedoms-

The ECHR sets out a broad range of civil and political rights that signatory states must
guarantee to all individuals within their jurisdiction. These rights are outlined in various
articles of the Convention and include:

 Right to Life (Article 2), Prohibition of Torture and Inhuman Treatment (Article 3),
Right to a Fair Trial (Article 6), Freedom of Thought, Conscience, and Religion (Article
9), Freedom of Expression (Article 10).

2. Promoting Equality and Non-Discrimination-

A critical function of the ECHR is to promote equality and non-discrimination. The
Convention includes specific provisions aimed at ensuring that everyone is treated
equally before the law, without discrimination based on race, religion, sex, or other
factors.

 Article 14 (Prohibition of Discrimination), Protocol No. 12: This additional

protocol, adopted in 2000, further strengthens the prohibition of discrimination,
extending it beyond the rights specifically guaranteed by the ECHR to all rights
provided by law.

3. Balancing Individual Rights with State Obligations-

While the ECHR ensures the protection of individual rights, it also allows for certain
limitations and derogations under specific conditions to balance these rights with the
interests of the state, such as public order, national security, or public health.
 Limitations (Articles 8–11):
The Convention allows certain rights (such as the right to privacy, freedom of expression,
and freedom of assembly) to be restricted if the limitations are prescribed by law and
necessary in a democratic society for reasons such as national security, public safety, or
the protection of the rights of others.
 Derogation (Article 15):
States are allowed to derogate from certain rights in times of war or other public
emergencies that threaten the life of the nation, provided such derogations are strictly
necessary. However, derogations are not permitted for absolute rights such as the
prohibition of torture and the right to life.

4. Providing a Framework for Judicial Protection of Rights-

The ECHR not only sets out a list of rights and freedoms but also establishes a
mechanism for enforcing these rights through the European Court of Human Rights
(ECtHR). Individuals who believe their rights have been violated can bring their case to
the Court after exhausting all domestic remedies.

 Legal Obligations for Member States:

By signing the ECHR, states agree to uphold the rights and freedoms contained in the
Convention and make these rights enforceable within their domestic legal systems. The
legal systems of the signatory countries must provide effective remedies for violations of
Convention rights.
 Example:
Many countries have incorporated the provisions of the ECHR into their national legal
systems. For instance, the Human Rights Act 1998 in the United Kingdom gives
individuals the ability to challenge breaches of their ECHR rights in domestic courts.

5. Encouraging Harmonization of Human Rights Standards in Europe-

The ECHR acts as a framework for human rights protection across Europe, ensuring a
degree of uniformity in the protection of basic civil and political rights. This
harmonization is vital for maintaining human rights standards across diverse legal and
political systems in Europe.

 Common Minimum Standards:

The Convention ensures that all member states adhere to a baseline of human rights
standards, even though national interpretations may vary. The ECtHR’s jurisprudence
provides a common body of case law that guides member states in interpreting and
applying the Convention.
 European Integration of Human Rights:
By establishing a shared human rights framework, the ECHR contributes to the larger
goal of European integration. The Convention serves as a foundational document for
building unity and cooperation around the protection of human rights.

6. Ensuring Accountability of Governments-

The ECHR holds member states accountable for upholding the human rights standards
outlined in the Convention. By creating a mechanism through which individuals can
directly petition the European Court of Human Rights, the ECHR provides a means of
redress when states fail to protect human rights.
  State Responsibility:
States are held responsible for violations of the Convention by their officials or
authorities, whether directly through legislation, administration, or the actions of state
actors such as the police or military.
 Obligations to Investigate:
The ECHR also places positive obligations on states to conduct thorough and
effective investigations into allegations of serious human rights violations, such as
torture, ill-treatment, or unlawful killings.

7. Adapting to Modern Challenges-

The ECHR is a "living instrument" that adapts to evolving social, technological, and
legal challenges. Through various Protocols to the Convention, new rights and
protections have been introduced in response to the changing needs of society.

 Additional Protocols:
Over the years, additional protocols have been added to the ECHR to expand or
clarify rights. These include Protocol No. 1 (protection of property, right to education,
and the right to free elections) and Protocol No. 6 (prohibition of the death penalty in
peacetime).
 Addressing New Issues:
The Convention has been interpreted to address modern issues such as the protection
of privacy in the digital age, access to personal data, and the rights of LGBTQ+
individuals. This adaptability allows the ECHR to remain relevant in the face of new
human rights challenges.

8. Promoting Peace and Stability in Europe-

One of the broader aims of the ECHR is to promote peace and stability across Europe. By
ensuring that basic human rights are protected and respected, the ECHR helps to prevent
conflicts and tensions that can arise from human rights abuses.

 Building a Culture of Human Rights:

The ECHR fosters a human rights culture in Europe, where individuals are more
aware of their rights, and governments are held to account for their actions. This
contributes to long-term stability and peace by promoting justice, equality, and the
rule of law.

9. Encouraging Dialogue between National Courts and the ECtHR-

The ECHR encourages dialogue between the national courts of member states and the
European Court of Human Rights to ensure the proper application of Convention rights
at the domestic level. This dialogue is crucial for maintaining respect for national
sovereignty while ensuring compliance with international human rights standards.

EUROPEAN COURT OF HUMAN RIGHTS (ECtHR)

The European Court of Human Rights (ECtHR) is an international court established in

1959 by the European Convention on Human Rights (ECHR). Its primary purpose is to
interpret and enforce the Convention, ensuring that the human rights and fundamental
freedoms guaranteed by the ECHR are upheld by its member states. The Court, based in
Strasbourg, France, is unique in that it allows individuals, non-governmental organizations,
and groups of individuals to bring cases against member states for human rights violations,
provided they have exhausted all domestic legal remedies.

1. History of the ECtHR

The idea of establishing an international court for the protection of human rights came after
the atrocities of World War II and the Holocaust, which highlighted the necessity of
safeguarding fundamental human rights across Europe. The Council of Europe, formed in
1949, aimed to promote democracy, human rights, and the rule of law. One of its first major
achievements was the European Convention on Human Rights, signed in 1950 and ratified
in 1953. The ECtHR was created as the judicial body responsible for ensuring compliance
with the Convention.

The Court became fully operational in 1959 and has since become one of the most influential
and active human rights courts in the world. Over time, it has grown in prominence,
particularly after Protocol No. 11 (1998), which made the Court a permanent institution and
allowed individuals to file applications directly with the ECtHR without the previous
requirement of approval from a European Commission.

2. Functions of the European Court of Human Rights

1. Adjudicating Individual Applications

The most critical function of the ECtHR is to hear individual applications brought by persons
or groups claiming to be victims of human rights violations under the ECHR. Any person,
non-governmental organization, or group of individuals who believe that their rights under
the Convention have been violated by a member state can bring a case to the ECtHR.
However, before the Court will hear a case, the applicant must have exhausted all available
domestic remedies, meaning they must first attempt to resolve the issue through the national
courts of the country concerned.

 Example:
If a person in a member state believes that their right to freedom of expression has been
violated by their government, and they have unsuccessfully challenged this in their
country’s highest courts, they can file a case with the ECtHR.

2. Delivering Binding Judgments

Another key function of the ECtHR is to issue judgments that are legally binding on the states
involved in the case. When the Court finds that a state has violated the Convention, the state
is obliged to comply with the judgment and take steps to rectify the violation, including
providing reparations to the victim and sometimes changing national laws or practices to
prevent further violations.

 Enforcement of Judgments:
Judgments of the ECtHR are monitored by the Committee of Ministers of the Council of
Europe, which ensures that the state complies with the ruling. Failure to comply with
ECtHR rulings can lead to international diplomatic pressure and potential sanctions from
the Council of Europe.
3. Interpreting the Convention

The ECtHR has the function of interpreting the ECHR through its jurisprudence, which
means that it provides authoritative interpretations of the Convention's provisions in specific
cases. The Court’s interpretation helps to clarify ambiguous or undefined aspects of the
Convention, ensuring that human rights protections are continuously adapted to changing
social and legal contexts.

 Example:
The Court has expanded the meaning of certain rights, such as the right to private life
(Article 8), to include protections for personal data, which were not initially envisaged
when the ECHR was drafted in the 1950s.

4. Advisory Opinions

In addition to hearing contentious cases, the ECtHR can also issue advisory opinions at the
request of the Committee of Ministers of the Council of Europe or higher national courts.
These opinions are not binding but are intended to clarify legal questions regarding the
interpretation of the Convention. Advisory opinions help guide member states in applying the
ECHR domestically, preventing human rights violations before they occur.

 Example:
A member state's court may ask the ECtHR for an advisory opinion on whether a
proposed law violates the Convention before it is passed.

5. Ensuring Uniformity of Human Rights Law across Europe

One of the central functions of the ECtHR is to ensure uniformity in the application and
interpretation of the Convention across the 47 member states. The Court’s decisions create a
body of case law that national courts refer to when interpreting and applying the ECHR. This
function helps harmonize human rights protections across Europe, creating a common
European human rights standard.

 Example:
If the Court rules that a member state’s law restricting free speech is incompatible with
the Convention, other member states may revise similar laws to avoid future ECtHR
rulings against them.

6. Acting as a "Living Instrument" for Human Rights

The ECtHR functions as a "living instrument," meaning that its interpretation of the
Convention evolves over time to reflect changes in social values, technological
developments, and new understandings of human rights. This dynamic approach ensures that
the Convention remains relevant in a rapidly changing world and can address emerging issues
that were not anticipated when the Convention was drafted.

 Example:
The Court has expanded its jurisprudence to cover issues such as environmental
protection, data privacy, and the rights of LGBTQ+ individuals, which were not explicitly
included in the original text of the Convention.

3. Composition of the European Court of Human Rights

The composition of the ECtHR is defined by both the Convention and its operational needs. It
is made up of judges elected to ensure a fair representation of the legal systems and cultures
of all the member states. Here is a detailed look at its composition:

A. Number of Judges-
The Court is composed of one judge from each member state of the Council of Europe,
meaning there are currently 47 judges in total. Although judges are nominated by their
respective states, they act in their individual capacity, not as representatives of their
country. This ensures impartiality and independence in the Court’s decision-making.
B. Election of Judges-
Judges are elected by the Parliamentary Assembly of the Council of Europe from a list
of three candidates nominated by each member state. Judges serve for a term of nine
years and are not eligible for re-election. The nine-year term ensures that judges can act
independently without fear of political consequences for their decisions.
C. Criteria for Judges-
Judges must be persons of high moral character and possess the qualifications required
for appointment to high judicial office in their home country or be jurists of recognized
competence.

Structure of the Court- The Court operates in different formations depending on the
complexity of the case. These formations include:

A. Single Judge:
A single judge may review and dismiss applications that are clearly inadmissible. This
streamlines the process by filtering out cases that do not meet the admissibility criteria.
B. Committees (3 Judges):
Committees of three judges handle less complex cases, especially those where there is
already established case law. They can issue decisions quickly based on precedent.
C. Chambers (7 Judges):
More complex cases are heard by Chambers, composed of seven judges. These cases
typically involve significant legal questions or require a detailed examination of the facts
and national laws involved.
D. Grand Chamber (17 Judges):
The Grand Chamber is the highest formation of the ECtHR and is reserved for the most
important or complex cases. Cases are referred to the Grand Chamber if they raise serious
questions affecting the interpretation of the Convention or if a Chamber's judgment is
challenged.
The President and Vice-Presidents-

The ECtHR is headed by a President, who is elected by the judges of the Court. The
President represents the Court, directs its work, and presides over the Grand Chamber. The
President is assisted by Vice-Presidents, who help manage the Court’s operations and step in
when the President is unavailable.

Registrar and Legal Staff-

The Court is supported by a Registrar and legal staff who assist in the administration and
functioning of the Court. The Registrar is responsible for maintaining the records of the Court
and ensuring that all procedural requirements are met. Legal staff, including lawyers and
assistants, help the judges in researching and preparing cases.

Plenary Court-

The Plenary Court, which includes all the judges, meets to discuss and decide on important
procedural and administrative issues. The Plenary Court also elects the President and Vice-
Presidents of the Court, adopts the rules of the Court, and ensures the smooth operation of the
ECtHR.