qTypes of International Human Rights Regimes: Theoretical

Discussion
qMapping the UN’s Human Rights System
qUN Charter System: Working Methods and Internal Dynamics of
Human Rights Council- Universal Periodic Review-Special
Procedures
qThe Contribution of UN Human Rights Treaty System
qAssessment: Contribution and challenges
 Authoritative International Standards

International Standards
with National Exemptions

International Guidelines

National Standards

Donnelly, 1986
 Promotional
Enforcement

Types of
International
Regimes

Implementatio Declaratory
nal

Donnelly,1986
 Authoritative International
International
International Policy
Monitoring
Decision Making Coordination

International International
National Decision
Information Promotion or
Masking
Exchange Assistance

Donnelly, 1986
Source: https://www.un.org/ruleoflaw/the-rule-of-law-in-un-intergovernmental-work/147dbb0b03b5884782b86899cb18d15f/
§ The Commission on Human Rights 1946-2006

§ The move to the Human Rights Council in 2006, why?

§ Membership of the Human Rights Council: 47 member states elected for three
years and can be members for two consecutive terms only
 Advisory Universal Periodic Special Procedures
Committee Review (UPR) (mandate holders)

Complaint
Procedure Human Rights Subsidiary Experts
Council Mechanisms
Ø Regular Review of human rights records of all 193 UN member states

Ø The mechanism is defined in the institutional building package adopted by the

Human Rights Council on 18 June 2007, Resolution 5/1 and further refined in
resolution 16/21 and decision 17/119.
Ø UPR Working Group: 47 members of the Human Rights Council

Ø Troika of three states selected through a drawing of lots by the Human Rights
Council: Follow up- Rapproteurs
Ø UPR Working Group meets three times a year. 14 states are reviewed in each
session.
Ø Applicable law: Universal Declaration of Human Rights- Ratified treaties- IHL-
voluntary pledges-National instruments
§ All actors involved in the UPR processes including civil society and HRDs.
§ States expresses which recommendations they will consider.
44 Thematic Mandates
11 Country Mandates
§ Established in 2000 by the Commission on Human Rights and then extended by the Human Rights Council
§ UN Declaration on Human Rights Defenders, 1998
§ Works methods:
v Reporting on trends and challenges
v fact-finding country visits
v urgent appeals and communications to concerned states
v Engaging with state and non-state actors
v Commenting on legislation and policy
Ø Special Rapporteurs: Mrs. Mary Lawlor (Ireland) May 2020 until presentMr. Michel Forst (France),2014-2020/
Mrs. Margaret Sekaggya (Uganda), 2008-2014 Mrs Hina Jilani (Pakistan), 2000-2008.

Ø Example: Final warning: death threats and killings of human rights defenders Report of the Special
Rapporteur on the situation of human rights defenders, Mary Lawlor, December 2020
§ Established by the Human Rights Council through Resolution 43/39 of
22 June 2020
§ Composed of three members: Mr. Mohamed Auajjar (Chair) from
Morocco, Ms. Tracy Robinson from Jamaica and Mr. Chaloka Beyani
from Zambia.
Mandate:
Ø “To establish the facts and circumstances of the situation of human
rights throughout Libya, and to collect and review relevant information,
to document alleged violations and abuses of international human rights
law and international humanitarian law by all parties in Libya since the
beginning of 2016, including any gendered dimensions of such
violations and abuses, and to preserve evidence with a view to ensuring
that perpetrators of violations or abuses of international human rights
law and international humanitarian law are held accountable;
Ø To work in cooperation with the Libyan authorities, the League of Arab
States, the African Union and the United Nations Support Mission in
Libya.”
§ Committee on the Elimination of Racial Discrimination (CERD) monitors implementation of the
International Convention on the Elimination of All Forms of Racial Discrimination (4 January 1969);
§ Committee on Economic, Social and Cultural Rights (CESCR) monitors implementation of the
International Covenant on Economic, Social and Cultural Rights (3 January 1976);
§ Human Rights Committee (CCPR) monitors implementation of the International Covenant on Civil and
Political Rights (23 March 1976) and its optional protocols;
§ Committee on the Elimination of Discrimination against Women (CEDAW) monitors implementation
of the Convention on the Elimination of All Forms of Discrimination against Women (1979) and its
optional protocol (3 September 1981);
§ Committee against Torture (CAT) monitors implementation of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment (26 June 1987);
§ Committee on the Rights of the Child (CRC) monitors implementation of the Convention on the Rights
of the Child (2 September 1990) and its optional protocols (12 February 2002);
§ Committee on Migrant Workers (CMW) monitors implementation of the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families (1 July 2003);
§ The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment (SPT) established pursuant to the Optional Protocol of the Convention against Torture
(OPCAT) (22 June 2006) visits places of detention in order to prevent torture and other cruel, inhuman
or degrading treatment or punishment;
§ Committee on the Rights of Persons with Disabilities (CRPD) monitors implementation of the
International Convention on the Rights of Persons with Disabilities (3 May 2008);
§ Committee on Enforced Disappearances (CED) monitors implementation of the International
Convention for the Protection of All Persons from Enforced Disappearance (23 December 2010);
§ General Comment: Interpretation of provisions-clarifying the reporting duties of stat
parties
§ Human Rights Committee: 37 General Comments from 1981 to 2020
§ Committee on Economic, Social and Cultural Rights: 25 General Comments from 1989 to
2017
§ Committee on the Elimination of Racial Discrimination: 36 General Comments from
1972 to 2021
§ Committee on Elimination of Discrimination against Women: 37 General Comments
from 1981 to 2020
§ Committee against Torture: 22 General Comments from 1979 to 2017
§ Committee on the Rights of the Child: 25 General Comments from 2001 to 2021
§ Committee on Migrant Workers: 4 General Comments from 2011 to 2017
§ Committee on the Rights of Persons with Disabilities: 7 General Comments from 2014 to
2018.
§ Committee on Enforced Disappearance
üInternationalconventions, whether general or particular, establishing
rules expressly recognized by the contesting states;
üInternational custom, as evidence of a general practice accepted as
law;
üThe general principles of law recognized by civilized nations;
üJudicial decisions and the teachings of the most highly qualified
publicists of the various nations, as subsidiary means for the
determination of rules of law.
§ Article 32: General Rule of Interpretation: 1. A treaty shall be interpreted in good faith in
accordance with the ordinary meaning to be given to the terms of the treaty in their
context and in the light of its object and purpose. 2. The context for the purpose of the
interpretation of a treaty shall comprise, in addition to the text, including its preamble and
annexes: (a) any agreement relating to the treaty which was made between all the parties
in connection with the conclusion of the treaty; (b) any instrument which was made by one
or more parties in connection with the conclusion of the treaty and accepted by the other
parties as an instrument related to the treaty. 3. There shall be taken into account, together
with the context: 12 (a) any subsequent agreement between the parties regarding the
interpretation of the treaty or the application of its provisions; (b) any subsequent practice
in the application of the treaty which establishes the agreement of the parties regarding its
interpretation; (c) any relevant rules of international law applicable in the relations
between the parties. 4. A special meaning shall be given to a term if it is established that
the parties so intended.
§ Article 32: Supplementary means of interpretation Recourse may be had to
supplementary means of interpretation, including the preparatory work of the treaty and
the circumstances of its conclusion, in order to confirm the meaning resulting from the
application of article 31, or to determine the meaning when the interpretation according to
article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is
manifestly absurd or unreasonable.
Issues Relating to Reservations Made upon Ratification or Accession to
the Covenant or the Optional Protocols
 Opportunities Challenges
• Persuasion of states • Immediate protection or long term engagement
• Dialogue on human rights issues • Implications of politicisation and polarisation
between blocks and alliances
• Naming and shaming dynamics
• Challenges of Accessibility
• Information and documentation
• Inconsistency
• Development of IHRL
• Financial resources
• Standards setting
• Selection of individual experts
• Agenda setting
• States’ pressure on independent experts
• Roles of experts based mechanisms in
maintaining universality and expanding the scope
of rights
• Targets of civil society and transnational advocacy
networks: Mobilisation and campaigning