Guidelines on writing an essay

Issue: Whos committing the violation, rights violated

Rules: Treaty signatories, ratification
Application: particular provision, state/private individuals
Conclusion: opinions
- Youre not expected to know the detailed jurisprudence of ECtHR case law on
torture but youre required to spot the issue, e.g. torture
- Not a strong right in CEDAW (did not specify sexual violence)
- Customary international law
- Check if the treaty is legally binding; declarations/reservations/derogations
(whether it defeats the purpose of the treaty), times of war/national emergency
- Human Rights Council is the overarching body; it conducts the Universal
Periodic Preview
- Human Rights Committee is the committee for the ICCPR; do not confuse the
two
- Analyse how the issue fits into a specific provision and how it is violated; how
issue it might arise
- Notice broader pattern, e.g. less concentration in international treaties
regarding sexual violence
- State the list of communication mechanisms if you dont have time for each
treaties: (1) Individual complaints (limits, time scale, exhaust, etc); (2) State
periodic reports (Grouping of patterns of the same violations); (3) Interstate
complaints
- Check if state parties have signed up in the communication mechanism; can
lobby to include the case in state report or NGO reports as counter evidence
- CERD has a fourth mechanism; a fact-finding inquiry (Treaty-based mechanism)
- Non-treaty mechanisms: NGOs, UPR,
- Counter issue of freedom of speech (engages a different rapporteur)