The Human Rights Treaty Body System

You might also like

Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 3

[00:00:15.

290] - Speaker 1
On 10 December 1948, three years after the creation of the United Nations, the General Assembly
adopted the Universal Declaration of Human Rights. We stand today at the threshold of a great event.
The Declaration enshrines the human rights and fundamental freedoms inherent to all individuals in all
nations. Although not legally binding, it has universal value and has inspired more than 60 international
legal instruments that together make up the international legal framework for the protection of human
rights. Every human being is entitled to all the rights and freedoms in the Declaration without distinction of
any kind. So how does the UN respond to the expectations of the right holders?

[00:01:15.370] - Speaker 2
The UN charter established a number of bodies, including the General Assembly, the Security
Council, the Economic and Social Council, and the secretariat headed by the Secretary General. A
number of these or their subsidiaries have a human rights component. On the 15 March 2006, the
General Assembly created the Human Rights Council, a 47-member intergovernmental body
whose purpose is to promote universal respect for the protection of all human rights and
fundamental freedoms for all.

[00:01:50.480] - Speaker 1
The part of the Secretariat which has principal responsibility for UN human rights activities is the Office of
the High Commissioner for Human Rights, located in Geneva, Switzerland. The Office acts as the
Secretariat of the Human Rights Council and supports its bodies and mechanisms, including its Advisory
Committee, special rapporteurs and working groups. It also provides support to the council in relation to
its Universal Periodic Review mechanism. Through this mechanism, the human rights record of each of
the 192 member states of the United Nations are reviewed by the Human Rights Council every four years.
The Office also supports the work of the treaty bodies that monitor the implementation of the core human
rights treaties. The treaty body system is the subject of this film. At the time the Universal Declaration of
Human Rights was adopted, there was broad agreement that the rights it contained should be translated
into obligations via treaties that would be legally binding on states which accepted them. The General
Assembly has adopted many human rights treaties covering a broad range of rights. Nine of these
treaties are considered as core treaties, as they are inspired by the rights set out in the Universal
Declaration and are based on the principles of nondiscrimination and equality.

[00:03:24.930] - Speaker 1
Some of these are supplemented by Optional Protocols, which provide broader substantive protection to
rights holders or create further procedures to encourage implementation. These treaties are the (1)
International Convention on the Elimination of All Forms of Racial Discrimination, (2) The
International Covenant on Civil and Political Rights, which has two protocols on individual
complaints and on the abolition of the death penalty. (3) The International Covenant on Economic,
Social and Cultural Rights, which has one optional protocol allowing for individual or group
petitions state to state petitions and inquiries. (4) The Convention on the Elimination of All Forms
of Discrimination Against Women, which has one optional protocol allowing for petitions and
inquiries. (5) The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment, which has an optional protocol establishing a system of visits to places where
people may be deprived of their liberty. (6) The Convention on the Rights of the Child, which has
two optional protocols on the involvement of children in armed conflict and the sale of children
child prostitution and child pornography. (7) The Convention for the Protection of the Rights of all
migrant Workers and members of their families, (8) the Convention on the Rights of Persons with
Disabilities, which has an optional protocol allowing for petitions and inquiries.

[00:05:01.090] - Speaker 1
(9) The International Convention for the Protection of All Persons from enforced disappearance.

[00:05:11.410] - Speaker 2
Together, the human rights treaties constitute a set of complementary, legally binding norms, as all rights
are interdependent, indivisible and mutually reinforcing. To become a party to these treaties, a state must
submit an instrument of accession or ratification to the United Nations Secretary General.

[00:05:36.010] - Speaker 1
When accepting a treaty, states are able to enter reservations, a statement indicating that it will not be
bound by a specific provision of the treaty. A reservation cannot be incompatible with the object and
purpose of the treaty. The acceptance of a human rights treaty marks the beginning of a dynamic process
of implementation of the rights set out in the treaty. In the State Party, the implementation of each of
these treaties is monitored by a specific committee known as a human rights treaty body. The
committees are composed of between ten and 25 members who are independent experts
nominated and elected by States Parties. They meet regularly at the United Nations. Generally in
Geneva, but sometimes in New York. They have several functions.

[00:06:32.830] - Speaker 2
With the exception of the Subcommittee on the Prevention of Torture established by the Optional
Protocol to the Convention Against Torture, all treaty bodies consider the reports submitted by
States Parties. They can adopt general comments which interpret specific provisions or themes in the
treaty. Most can consider complaints from individuals. Some can consider interstate communications.
Some can conduct inquiries based on reliable information revealing grave, serious or systematic
violations of the treaty. Concerned states have ratified human rights conventions.

[00:07:11.530] - Speaker 3
By doing that, they have the obligation to implement these treaties. But of course, a little degree of control
is always good. So the basic function of the treaty bodies is to monitor the implementation of the human
rights treaties.

[00:07:28.730] - Speaker 1
In addition to the treaty bodies and States Parties, other actors participate in the treaty body process.

[00:07:36.290] - Speaker 2

UN specialized agencies such as the International Labor Organization or other entities such as
the United Nations High Commission for Refugees, often have information on specific issues which they
can bring to the attention of the committees. Other intergovernmental bodies, such as the International
Organization for Migration, may also provide information. National and international nongovernmental
organizations may provide written and oral information to treaty bodies. National human rights institutions,
independent bodies that act as a link between government and civil society, also provide information. The
media can raise the awareness of.

The public about their rights. The Treaty Body Process and its Outcome key Message Treaty bodies are
committees which monitor the implementation of human rights treaties through consideration of reports,
petitions and the conduct of inquiries.

[00:08:40.870] - Speaker 1
With the exception of the Subcommittee on the Prevention of Torture, treaty bodies monitor
implementation of the treaty by reviewing reports which are submitted periodically by states parties. This
process starts with a submission and review of an initial report followed by periodic reports. The purpose
of reporting is to promote compliance by states with the human rights treaties, but the preparation of the
report also provides an opportunity for public scrutiny of government legislation, policies and practices. It
ensures that there is continuous effort towards better implementation of human rights. The consideration
of a report by a committee session is part of a process that includes several phases which make up a
cycle. Civil society should be involved at all stages of the cycle. The phases of this cycle are the.

Preparation of the report at national level the preparation for the review during which members receive
additional information from a large variety of sources and submit requests for further information to the
state party. The consideration of the report by the committee in the presence of a delegation.

You might also like