Human Rights Law and Practice

Relevant provisions under UN Charter for the

protection and enforcement of Human Rights
 UN Charter

 UN Charter is one of the Instruments for the Universal Protection of Human Rights.

 The UN Charter diligently protected Human Rights through legal instruments and on-the-ground activities.

 Apart from promoting the human rights, the charter focused on international co-operation in Economic, Social,
Cultural, Educational and Health fields and international relation based on equal rights and fundamental
freedoms.

 The United Nations has six principal organs: the General Assembly, the Security Council, the Economic and
Social Council, the Trusteeship Council, the International Court of Justice and the Secretariat (Article 7 UN
Charter).

 In addition to this, the United Nations consist of several specialised agencies and a number of other specialised
bodies dealing with human rights and its protection.
Charter Bodies 
 The United Nations (UN) system has two main types of bodies to promote and protect human rights:
1. Charter Bodies.
2. Treaty Bodies.
 Charter Bodies are established under the UN Charter in order to fulfil the UNs general purpose of
promoting human rights.
 They have broad mandates that cover promoting human rights in all UN member states.
 Derive their establishment from provisions contained in the Charter of the United Nations.
 Takes action based on majority voting.
 The Human Rights Council and its predecessor, the Commission on Human Rights, are called “Charter-
based” as they were established by resolutions of principal organs of the UN whose authority flows from
the UN Charter.
Charter Bodies 

 The current Charter-based bodies are the Human Rights Council and its subsidiaries, including the
Universal Periodic Review Working Group and the Advisory Committee.

 Previously, the Charter-based bodies were the Commission on Human Rights and its subsidiaries, including
the Sub commission on the Promotion and Protection of Human Rights.

 The Special Procedures, such as Special Rapporteurs, have carried on their work since 1947, reporting first
to the Commission, then to the Council.
Charter Bodies 

1. Human Rights Council [Commission on Human Rights replaced by

the Human Rights Council.]
2. Universal Periodic Review.
3. Special Procedures of the Human Rights Council.
Treaty-based bodies

1. Committee on the Elimination of Racial Discrimination (CERD)

2. Committee on Economic, Social and Cultural Rights (CESCR)
3. Human Rights Committee (CCPR)
4. Committee on the Elimination of Discrimination against Women (CEDAW)
5. Committee against Torture (CAT)
6. Committee on the Rights of the Child (CRC)
7. Committee on Migrant Workers (CMW)
8. Subcommittee on Prevention of Torture (SPT)
9. Committee on the Rights of Persons with Disabilities (CRPD)
10. Committee on Enforced Disappearances (CED)
The Human Rights Council

 The principal UN Charter Body responsible for human rights is the Human Rights Council (HRC).
 The HRC is a subsidiary organ of the General Assembly.
 The General Assembly established the HRC in 2006, in the hope that it would be more efficient and effective
than its predecessor, the Human Rights Commission.
 Forty-seven UN member states sit on the HRC.
 The Council replaced the Commission on Human Rights (the Commission), assuming most of its mandates,
mechanisms and responsibilities.
 One of its main purposes is to review the human rights record of every UN member state and to make
recommendations for improvement.
 The HRC’s 47 Member States are elected for three-year terms by an absolute majority of the General Assembly
in a secret ballot.
 The Human Rights Council

 The first meeting of HRC was held on 19 June 2006.

 This intergovernmental body, which meets in Geneva 10 weeks a year, is composed of 47 elected United Nations
Member States who serve for an initial period of 3 years, and cannot be elected for more than two consecutive
terms.

 The Human Rights Council is a forum empowered to prevent abuses, inequity and discrimination, protect the
most vulnerable, and expose perpetrators.

 The Human Rights Council is a separate entity from OHCHR (Office of the High Commissioner for Human
Rights). This distinction originates from the separate mandates they were given by the General Assembly.

 Nevertheless, OHCHR provides substantive support for the meetings of the Human Rights Council, and follow-
up to the Council’s deliberations.
Functions of HRC

 Promote universal respect for the protection of all human rights and fundamental freedoms for all, without
distinction of any kind and in a fair and equal manner.

 Address situations of violations of human rights, including gross and systematic violations.

 To make recommendations thereon.

 Promote the effective coordination and the mainstreaming of human rights within the UN system.
Office of the United Nations High Commissioner

 The Office of United Nations High Commissioner for Human Rights (OHCHR), a department of the United
Nations Secretariat was established following the World Conference on Human Rights in 1993.
 Its role is to prevent human rights violations and secure respect for human rights by promoting international
cooperation and coordinating the United Nations’ human rights activities.
 The OHCHR conducts a very broad range of activities from its headquarters in Geneva.
 It also works directly in areas where there are severe human rights violations through field offices and as
part of UN peace missions.
 Universal Periodic Review

The
UPR was established when the Human Rights Council was created on 15 March 2006 by the UN
General Assembly in resolution.
An innovative and important part of the HRC’s machinery is the Universal Periodic Review (UPR)
mechanism through which the HRC periodically reviews the fulfilment by each of the UN’s Member
States of their human rights obligations and commitments.
It involves a review of the human rights records of all UN Member States.
The UPR under the Human Rights Council provides the opportunity for each State to declare what actions
they have taken to improve the human rights situations in their countries and to fulfil their human rights
obligations. 
UPR is designed to ensure equal treatment for every country by assessing their human rights situations.
The ultimate aim of this mechanism is to improve the human rights situation in all countries and address
human rights violations wherever they occur. Currently, no other universal mechanism of this kind exists.
Universal Periodic Review

 The UPR is designed to prompt, support, and expand the promotion and protection of human
rights on the ground.

 The UPR also aims to provide technical assistance to States and enhance their capacity to deal
effectively with human rights challenges.
Special Procedure of HRC

 “Special Procedures” are the mechanisms established by the Commission on Human Rights and assumed
by the Human Rights Council (HRC) to address either specific country situations (country mandates) or
thematic issues in all parts of the world.

 Special Procedures are either an individual such as a special rapporteur or independent expert or a working
group.

 They are prominent, independent experts working on a voluntary basis, appointed by the Human Rights
Council.

 Special Procedures’ mandates usually call on mandate-holders to examine, monitor, advise and publicly
report on human rights situations in specific countries or territories, known as country mandates, or on
human rights issues of particular concern worldwide, known as thematic mandates.
Special Procedure of HRC

 All report to the Human Rights Council on their findings and recommendations, and many also report to the
General Assembly.

 They are sometimes the only mechanism that will alert the international community about certain human
rights issues, as they can address situations in all parts of the world without the requirement for countries to
have had ratified a human rights instrument.
NGOs and the Human Rights Council

 Only NGOs in consultative status with the UN Economic and Social Council (ECOSOC) may be accredited
to participate in regular and special sessions of the Human Rights Council (HRC).

 NGOs in consultative status with ECOSOC may submit written statements ahead of a given HRC session.

 Can make individual and/or joint oral interventions during substantive items of the HRC’s agenda, including
in debates, interactive dialogues, and panel discussions.• The Human Rights Council (HRC) is the principle
UN