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UN Treaty Bodies Overview and Functions

The document outlines the key components of the international human rights system, including its main mechanisms. It describes the role of the UN General Assembly, Human Rights Council, and treaty bodies (committees) in developing and monitoring compliance with human rights treaties. It also summarizes the functions of the Universal Periodic Review and Special Procedures mechanisms of the Human Rights Council.

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124 views13 pages

UN Treaty Bodies Overview and Functions

The document outlines the key components of the international human rights system, including its main mechanisms. It describes the role of the UN General Assembly, Human Rights Council, and treaty bodies (committees) in developing and monitoring compliance with human rights treaties. It also summarizes the functions of the Universal Periodic Review and Special Procedures mechanisms of the Human Rights Council.

Uploaded by

claud
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPT, PDF, TXT or read online on Scribd

Overview of the

International Human Rights System

OHCHR Treaty Body Capacity Building Programme


The UN main Human Rights Mechanisms

Secretariat
General Assembly
OHCHR*

*OHCHR supports the


Adopts Creates work of the HRC and
the mechanisms

Human Rights Treaties Human Rights Council

Treaty Bodies Universal Periodic


Special Procedures
(Committees) Review
Overview of international human rights treaties
Specific phenomena Specific groups

Universal Declaration of Human Rights International International


Convention on the Convention on the
Elimination of All Elimination of All
Forms of Racial Forms of
Discrimination Discrimination against
International Covenant on Women
Civil and Political Rights Convention against
Convention on the
Torture and other
International Covenant on Rights of the Child
Inhuman, Degrading
Economic, Social and Treatment or
Cultural Rights Convention the rights
Punishment of Migrant Workers
and members of their
Convention on families
Enforced
Disappearances Convention the rights
of persons with
disabilities
Two Covenants covering civil, political, social
and cultural rights

Covenant on Civil and Political Rights (ICCPR), 1966


 1st Optional Protocol (individual complaints), 1966
 2nd Optional Protocol (abolition of the death penalty),1989

Covenant on Economic, Social and Cultural Rights


(ICESCR), 1966
 Optional Protocol (individual complaints), 2008
Human Rights treaties addressing specific
phenomena
 The International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD), 1965

 The Convention against Torture and Other Cruel,


Inhuman or Degrading Treatment or Punishment (CAT),
1984
 Optional Protocol to CAT (establishment of the Subcommittee
on the Prevention of Torture and other Cruel, Inhuman or
Degrading Treatment  inspections of detention facilities)

 The International Convention for the Protection of All


Persons from Enforced Disappearance (ICCPED), 2006
Human Rights treaties protecting specific groups

 The Convention on the Elimination of All Forms of Discrimination


against Women (CEDAW), 1979
 Optional Protocol (communications)

 The Convention on the Rights of the Child (CRC), 1989


 OP on the sale of children, child prostitution and child
pornography
 OP on the involvement of children in armed conflict
 OP on a communications procedure

 The International Convention for the Protection of the Rights of All


Migrant Workers and Members of Their Families (CMW), 1990
 The Convention on the Rights of Persons with Disabilities
(CRPD), 2006
 Optional Protocol (communications)
The Human Rights treaties

 Legally binding treaties negotiated and adopted by


States within the framework of the United Nations
General Assembly
 Obligations undertaken voluntarily by States
 Once ratified/acceded to, treaty obligations are not
optional: legally binding obligations
 Obligations entail a threefold responsibility to:
 Respect (Refrain from violating a right…)
 Protect (Prevent violations of a right…)
 Fulfil (Take measures to ensure the realization of a
right…)
Status of ratifications of the core
international human rights treaties today *:

ICCPR: 172 OPI 116 OP II 85


ICESCR: 169 OP 23
ICERD: 179
CEDAW: 189 OP 109
CAT: 164 OP 88
CRC: 196 OPAC 167 OPSC 174 OPIC 39
ICMW: 52
CRPD: 177 OP 91
ICCPED: 58

*As of September 2018


The UN human rights treaty system
Treaty bodies
Mandate: to monitor the implementation of
the relevant treaty by States parties
Composed of independent experts,
nominated and elected by States parties for
fixed, renewable terms of four years
Membership: 10-25 members depending
the Committee
In total: 172 members in total (10 TBs)
Criteria: Expertise, equitable geographical
distribution, representation of principal legal
systems and different forms of civilization
and balanced gender representation

Non-remunerated, and serve solely in their


personal capacity
Meet for 1-4 weeks session, held 2-3 times
per year in Geneva
Human Rights Council

 Intergovernmental body
 47 Members
 Serviced by OHCHR
 Addresses human rights violations
 Works to prevent human rights
abuses
 Responds to emergencies
 International forum for human rights
dialogue
 Recommends developments in
human rights law
 Periodically reviews country
situations (UPR)
Mechanisms of the HRC: Universal Periodic Review
(UPR)
 Inter-governmental peer review
 Each State reviewed in a 4,5 year
cycle
 Reviews based on:
 National reports from the States under
review
 Compilation report including information
from UN experts and bodies
 Compilation report including information
from other stakeholders (NGOs,
NHRIs,…)
 HRC issues a report with
recommendations and
commitments of the State
concerned
Mechanisms of the HRC: Special Procedures

 Special Procedures*
 44 thematic mandates
 12 mandates relating to
countries or territories
 Appointed by the Human Rights
Council
 Monitor human rights in different
countries or specific issues
 Research issues of concern
 Country visits
 Receive and consider direct
complaints
 Appeal to governments
 Respond to emergencies
 Report to the Human Rights Council
*as of January 2018

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