HUMAN RIGHTS

UNIT III, IV AND V

DEVELOPMENT OF HUMAN RIGHTS
LAW WITHIN UN STRUCTURE
• Human rights are implemented within UN either by charter based bodies
or by treaty based committees .
• There are nine core international human rights treaties. All UN Member
States have ratified at least one core international human rights treaty,
and 80 percent have ratified four or more.
• There are currently ten human rights treaty bodies, which are committees
of independent experts. Nine of these treaty bodies monitor
implementation of the core international human rights treaties while the
tenth treaty body, the Subcommittee on Prevention of Torture,
established under the Optional Protocol to the Convention against
Torture, monitors places of detention in States parties to the Optional
Protocol.
• There are two types of human rights monitoring mechanisms within
the United Nations system:
• treaty-based bodies and charter-based bodies. The ten human rights
Treaty Bodies, made up of committees of independent experts,
monitor implementation of the core international human rights treaties.
• The charter-based bodies include the Human Rights Council, Special
Procedures, the Universal Periodic Review and Independent
Investigations.
• UN Human Rights provides expertise and support to all of the
different mechanisms.
Treaty-based bodies

• Derive their existence from provisions contained in a specific legal instrument;

• Hold more narrow mandates: the set of issues codified in the legal instrument;
• Address a limited audience: only those countries that have ratified the legal
instrument; and
• Base their decision-making on consensus.
• The treaty bodies are composed of independent experts and meet to consider State
parties' reports as well as individual complaints or communications.
• They may also publish general comments on human rights topics related to the
treaties they oversee. The treaty-based bodies tend to follow similar patterns of
documentation.
• independent experts of recognized competence in human rights, who are nominated
and elected for fixed renewable terms of four years by State parties.
• The treaty bodies meet in Geneva, Switzerland and receive support from the Human
Rights Treaties Division of OHCHR in Geneva.
• General Assembly adopted a resolution, in 2014 on "Strengthening and enhancing
the effective functioning of the human rights treaty body system" (A/RES/68/268).
1. Reaffirming that the full and effective implementation of international human
rights instruments by States parties is of major importance for the efforts of the
United Nations to promote universal respect for and observance of human rights
and fundamental freedoms.
2. Reaffirming the importance of the independence of the human rights treaty
bodies
3. Reaffirming also that the independence and impartiality of members of the
human rights treaty bodies is essential for the performance of their duties and
responsibilities in line with the respective treaties,
4. States have a legal obligation under the international human rights treaties to
which they are party to periodically submit to the relevant human rights treaty
bodies reports on the measures they have taken to give effect to the provisions of
the relevant treaties.
 Main types of documents considered or issued by the Committee

• The treaty based bodies consider State party reports, issues general comments,
and can hold general discussions. When certain State parties have made the
necessary declaration committee may consider individual complaints.
• State parties reports
• Initial report within one year/two year of its entry into force for the State Party
concerned
• Subsequent reports every five/four years
• Discusses the State's report and issued concluding observations
• General comments
• Issues general comments on topics related to the Convention
• General discussions
• Organize a day of general discussion on a particular theme
• Meeting report may be included in the sessional report
 Treaty-based bodies
Ten human rights treaty bodies that monitor implementation of the core international human rights
treaties are:

• Human Rights Committee (CCPR)

• Committee on Economic, Social and Cultural Rights (CESCR)
• Committee on the Elimination of Racial Discrimination (CERD)
• Committee on the Elimination of Discrimination against Women (CEDAW)
• Committee against Torture (CAT)
• Subcommittee on Prevention of Torture (SPT)
• Committee on the Rights of the Child (CRC)
• Committee on Migrant Workers (CMW)
• Committee on the Rights of Persons with Disabilities (CRPD)
• Committee on Enforced Disappearances (CED)
HUMAN RIGHTS COMMITTEE
• The Human Rights Committee is the body of independent experts that monitors
implementation of the International Covenant on Civil and Political Rights by
its States parties.
• The Committee’s work promotes the enjoyment of civil and political rights,
resulting in numerous changes of law, policy and practice. As such, it has
improved the lives of individuals in all parts of the world.
• The Human Rights Committee is composed of 18 independent experts, who
are persons of high moral character and recognized competence in the field of
human rights.
• Members are elected for a term of four years by States parties in accordance
with articles 28 to 39 of the Covenant. Members serve in their personal
capacity and may be re-elected if nominated.
In accordance with Rules 76 and 77 of its Rules of
procedures, the Committee may decide to prepare and adopt
general comments on specific topics addressing aspects of the
Covenant or its Optional Protocols with a view to assisting
States parties in fulfilling their obligations under the Covenant
and its Optional Protocols.
Article 21: Right of peaceful
2020 General comment No. 37
assembly

2019 General comment No. 36 Article 6: Right to life

Article 9: Liberty and Security of

2014 General comment No. 35
person
• The Committee on the Elimination of Racial Discrimination (CERD) is the
body of independent experts that monitors implementation of the Convention
on the Elimination of All Forms of Racial Discrimination by its State parties.
• All States parties are obliged to submit regular reports to the Committee on
how the rights are being implemented. States must report initially one year
after acceding to the Convention and then every two years. The Committee
examines each report and addresses its concerns and recommendations to the
State party in the form of “concluding observations”.
• In addition to the reporting procedure, the Convention establishes three other
mechanisms through which the Committee performs its monitoring functions:
• the early warning procedure;
• the examination of inter-state complaints; and
• the examination of individual complaints.
• States parties to fulfil their obligations have had wide-ranging, positive
results over the years. These include:
• Amendments to national constitutions to include provisions prohibiting
racial discrimination;
• passing of new laws to satisfy the requirements of the Convention;
• Amendments to the law at the suggestion of CERD;
• Making racial discrimination a punishable offence;
• Legal guarantees against discrimination in justice, security, political
rights, or access to places intended for use by the general public;
• Educational programmes
• Committee on Economic, Social and Cultural Rights (CESCR) is the
body of 18 independent experts that monitors implementation of the
International Covenant on Economic, Social and Cultural Rights by its
States parties.
• The Committee was established under ECOSOC Resolution 1985/17 of
28 May 1985 to carry out the monitoring functions assigned to the
United Nations Economic and Social Council (ECOSOC) in Part IV of
the Covenant.
• All States parties are obliged to submit regular reports to the Committee
on how economic, social and cultural rights are being implemented. States
must report initially within two years of accepting the Covenant and
thereafter every five years. The Committee examines each report and
addresses its concerns and recommendations to the State party in the
form of “concluding observations”
• The Committee monitors the implementation of the Covenant and of
the Optional Protocol by State parties so that all those who are entitled
to the rights in the Covenant can enjoy them in full.
• It seeks to:
• develop a constructive dialogue with State parties
• determine whether the Covenant’s norms are being applied in State
parties
• assess how the implementation and enforcement of the Covenant
could be improved.
• The Committee on the Elimination of Discrimination against Women (CEDAW) is
the body of independent experts that monitors implementation of the
Convention on the Elimination of All Forms of Discrimination against Women.
• Adopted by the United Nations in 1979, CEDAW is the most important human
rights treaty for women. The CEDAW Committee consists of
23 independent experts on women’s rights from around the world.
• In accordance with the Optional Protocol to the Convention, the Committee is
mandated to:
1.receive communications from individuals or groups of individuals submitting
claims of violations of rights protected under the Convention to the Committee and
2.initiate inquiries into situations of grave or systematic violations of women’s
rights. These procedures are optional and are only available where the State
concerned has accepted them.
• The Committee also holds days of general discussion and formulates
general recommendations; these are suggestions and clarifications directed to
States that concern articles or themes in the Conventions.
• The Committee against Torture (CAT) is the body of 10
independent experts that monitors implementation of the
Convention against Torture and Other Cruel, Inhuman or Degradi
ng Treatment or Punishment
by its States parties.
• All States parties are obliged to submit regular reports to the
Committee on how the rights are being implemented. States must
report initially one year after acceding to the Convention and then
every four years. The Committee examines each report and addresses
its concerns and recommendations to the State party in the form of
"concluding observations".
• The Committee on the Rights of the Child (CRC) is the body of 18
independent experts that monitors implementation of the Convention
on the Rights of the Child by its States parties. It also monitors
implementation of the Optional Protocols to the Convention, on
involvement of children in armed conflict and on the sale of children, child
prostitution and child pornography.
• All States parties are obliged to submit regular reports to the Committee on
the implementation of the Convention. States must submit an initial report
two years after acceding to the Convention and then periodic reports every
five years. The Committee examines each report and addresses its concerns
and recommendations to the State party in the form of “concluding
observations”.
• The Committee also reviews the initial reports which must be
submitted by States who have acceded to the first two Optional
Protocols to the Convention, on
involvement of children in armed conflict and on
sale of children, child prostitution and child pornography.
• The Committee on the Protection of the Rights of All Migrant
Workers and Members of their Families (CMW) is the body of 14
independent experts that monitors implementation of the
International Convention on the Protection of the Rights of All Mi
grant Workers and Members of Their Families
by its State parties. It held its first session in March 2004.
• Its responsibilities include:
• Examining reports from States parties, and making
recommendations on the topic of migrant workers and members of
their families in that State (articles 73 and 74 of the Convention);
• Organizing days of general discussion;
• Interpretations of the content of the substantive provisions in the
Convention (general comments) and publishing statements and
information or guidance notes on themes related to its mandate.
• Migrant workers and their families often experience marginalization, xenophobia,
and poor living and working conditions. In serious cases, they suffer exploitation,
expulsion, and risk to life. The Committee monitors how States are implementing
the Convention and protecting the human rights of migrants.
• The Subcommittee on Prevention of Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment (SPT) is a new kind of treaty body in
the United Nations human rights system. It has a preventive mandate
focused on a proactive approach to preventing torture and ill treatment.
• States that ratify the Optional Protocol to the Convention Against Torture
(OPCAT) give the SPT the right to visit their places of detention and examine the
treatment of people held there.
• The Protocol also obliges States to set up independent National Preventive
Mechanisms (NPMs) to examine the treatment of people in detention, make
recommendations to government authorities to strengthen protection against
torture and comment on existing or proposed legislation. The SPT assists and
advises NPMs in their work.
• Committee on the Rights of Persons with Disabilities is the body of 18
independent experts which monitors the implementation of the Convention on
the Rights of Persons with Disabilities by the States parties.
• All States parties submit regular reports to the Committee on how the rights
enshrined in the Convention are being implemented. States must report initially
within two years of ratifying the Convention and, thereafter, every four years
(Article 35 of the Convention).
• The Committee examines each report and makes recommendations to strengthen the
implementation of the Convention in that State. It forwards these recommendations,
in the form of concluding observations, to the State party concerned.
• The Optional Protocol (A/RES/61/106) which entered into force at the same time as
the Convention, also allows the Committee to:
1.Receive and examine individual complaints; and
2.Undertake inquiries in the case of reliable evidence of grave and systematic
violations of the Convention.
• The Committee on Enforced Disappearances (CED) is the body of
independent experts which monitors the implementation of the
Convention for the Protection of all Persons against Enforced
Disappearance by the States parties.
• The Committee and its Secretariat work daily to support victims, civil
society organizations, National Human Rights Institutions and States
to search for and locate disappeared persons, eradicate, punish and
prevent this crime, and repair the damage suffered by the victims.
• The Committee on Enforced Disappearances (CED) is the body of
independent experts which monitors the implementation of the Convention
by the States parties. Specifically, its responsibilities include:
• Examining reports from States parties, and making recommendations on
the topic of enforced disappearances in that State (article 29 of the
Convention).
• Registering requests for urgent action (article 30 of the Convention).
• Receiving individual complaints from victims of a violation of the
Convention by a State party (article 31 of the Convention).
• Receiving communications in which a State party claims that another State
party is not fulfilling its obligations under the Convention; so-called
inter-state communications (article 32 of the Convention).
• The Committee meets in Geneva and holds two sessions per year.
CHARTER BASED BODIES
• Charter bodies include, the Human Rights Council, Universal Periodic
Review , Independent Investigation and Special Procedures.
• The Human Rights Council is a forum empowered to prevent abuses,
inequity and discrimination, protect the most vulnerable, and expose
perpetrators.
• Special Procedures is the general name given to the mechanisms
established by the Human Rights Council to address either specific
country situations or thematic issues in all parts of the world.
• Special Procedures are either an individual -a special rapporteur or
independent expert-or a working group working on a voluntary
basis
• In addition to it, SECURITY COUNCIL authorizing International Tribunal
to prosecute person responsible for serious human rights violations
of international humanitarian law.
• For example, the Security Council created a compensation
commission to assist the victims of Iraqi invasion of Kuwait.
• Charter-based bodies
• Derive their establishment from provisions contained in the Charter of the
United Nations
• Hold broad human rights mandates
• Address an unlimited audience
• Take 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.
• The current Charter-based bodies are the Human Rights Council and its
subsidiaries, including the Universal Periodic Review Working Group and
the Advisory Committee.
• The Human Rights Council is responsible for strengthening the
promotion and protection of human rights around the globe and for
addressing situations of human rights violations and making
recommendations on them.
• Established by General Assembly resolution 60/251 of 15 March 2006
• Meets in Geneva, in regular session three times annually and in special
session as needed
• Reports to the General Assembly
• EXAMPLE: Resolution adopted by the Human Rights Council on 12 May
2022 S-34/1 ON The deteriorating human rights situation in Ukraine
stemming from the Russian aggression
• On 18 June 2007, one year after its first meeting, the Human Rights
Council adopted its "Institution-building package" (resolution 5/1)
which details procedures, mechanisms and structures that form the
basis of its work. Among those mechanisms the following subsidiary
bodies directly report to the Human Rights Council:
• Universal Periodic Review Working Group
• Advisory Committee
• Complaint Procedure
DRAWBACK OF HUMAN RIGHT
COMMISSION
• HUMAN RIGHT COUNCIL WAS ABLE TO ACHIEVE THE FOLLOWING WHICH COMMISSION
FAILED
Innovations
• In a landmark decision, the Council passed
a resolution recognizing the human right to a clean, healthy and sustainable environment for the first time.
• For the first time in its 15-year history, the Council:
• enabled delegates to vote remotely
• attracted the highest number of dignitaries ever to speak at its sessions
• supported the participation of 19 delegates from least developed countries and small island developing states
• Also, for the first time, the Council held five special sessions in 2021 - again demonstrating its effectiveness in
responding to urgent global crises. These concerned:
• Myanmar
• the Occupied Palestinian Territory, and Israel
• Afghanistan
• Sudan
• Ethiopia
• Activities
• In 2021, the Council extended the mandates of 17 Special Procedures and
investigative bodies - and created seven new mandates:
• an accountability project on Sri Lanka
• a monitoring mission in Belarus
• a Commission of Inquiry on the Occupied Palestinian Territory, and Israel
• a Special Rapporteur for Afghanistan
• a
racial justice body addressing systemic racism in law enforcement around t
he globe
• a Special Rapporteur on climate change
• an investigative body for Ethiopia
• Throughout the year, the Council enabled some 260 civil society organizations
to deliver more than 900 statements
• The Council also established the following subsidiary expert
mechanisms to provide the Council with thematic expertise
and forums providing a platform for dialogue and cooperation. These
bodies focus mainly on studies, research-based advice or best-
practices. They meet and report annually to the Council:
• Expert Mechanism on the Rights of Indigenous People
• Expert Mechanism on the Right to Development
• Forum on Minority Issues
• Social Forum
• Forum on Business and Human Rights
• Forum on Human Rights, Democracy and the Rule of Law
• International Independent Expert Mechanism to Advance Racial
Justice and Equality in Law Enforcement
• The Council is made of 47 Member States, which are elected by the majority of
members of the General Assembly of the United Nations through direct and secret
ballot. The General Assembly takes into account the candidate States' contribution
to the promotion and protection of human rights, as well as their voluntary pledges
and commitments in this regard.
• The Council's Membership is based on equitable geographical distribution. Seats
are distributed as follows:
1.African States: 13 seats
2.Asia-Pacific States: 13 seats
3.Latin American and Caribbean States: 8 seats
4.Western European and other States: 7 seats
5.Eastern European States: 6 seats
• Members of the Council serve for a period of three years and are not eligible for
immediate re-election after serving two consecutive terms.
UNIVERSAL PERIODIC REVIEW
• The United Nations General Assembly Resolution 60/251, which established the
Human Rights Council in 2006, also established the Universal Periodic Review
(UPR) as a peer review mechanism for the assessment and advancement of
human rights in all 193 UN Member States.
• UPR reviews are formally conducted by the UPR Working Group of the Council
which comprises all 47 Council Member States. The UPR Working Group
reviews UPR reports in UPR Sessions three times per year in Geneva, with up
to 14 countries undergoing review per session.
• Each UPR is facilitated by a troika (group of three) of Council Member States, but
the UPR process is open to participation by all UN Member States whether or not
elected members of the Council, as well as to non-governmental stakeholders.
• The UPR process is composed of the following steps:
1.Preparation and submission of the written reports by the State, civil society,
and the Office of the High Commissioner for Human Rights which provide a
foundation for the peer review.
2.During the UPR Session, the reports are presented orally, followed by an
interactive dialogue where UN Member States make comments and
recommendations to the State under review.
3.The troika prepares a summary report of the comments and recommendations;
the State may indicate its acceptance or rejection of the recommendations.
4.The final outcome report is adopted by the Council and both States and civil
society organizations with ECOSOC consultative status are permitted to deliver
oral comments on the UPR outcome report.
5.The State reports on its implementation of the recommendations during the
next UPR cycle.
• In the first UPR cycle, States were reviewed each year over a four-
year period, while in the second UPR cycle, approximately 42 States
were reviewed each year over a four-and-a-half-year period.
• The increased cycle duration was based on feedback gathered from
States and non-government actors, with the objective that fewer
States would be reviewed each UPR Session, but more time would
be allocated to each review.
• The first cycle concluded in October 2011, and a second cycle began
in March 2012 and concluded in November 2016. The third cycle
began in February 2017 and will conclude in 2021
DRAWBACK OF UPR
• There was a significant imbalance in attention given to different health-
related issues, including those that are global health priorities. While
gender-based violence and maternal and child health were frequently
addressed, there was virtually no attention to other issues that are
prominent on the global health agenda, including critical issues of
concern in many countries, such as water, sanitation and hygiene;
HIV/AIDS; adolescent health; mental health; and communicable and
non-communicable diseases.
• In addition, many recommendations were written in vague and open-
ended terms, which makes an appropriate State response difficult to
measure and ultimately assess.
• It is through the implementation of recommendations that States can
give meaning to their human rights commitments, including by giving
effect to remedies to correct human rights abuses, thereby preventing
their re­currence. Implementation of UPR recommendations is
voluntary. States may “accept” or “note” recommendations, where
acceptance indicates a voluntary pledge to implementation.
• There is a need for more practically-oriented recommendations,
greater engagement of a wide breadth health stakeholders, and more
rigorous implementation of recommendations are works-in-progress,
with great unrealized potential.