UNIT-II

UNIVERSAL PROTECTION OF HUMAN RIGHTS

Syllabus

❖ Introduction
❖ United Nations and Human Rights
❖ Universal Declaration of Human Rights, 1948
❖ International Covenant on Civil and Political Rights, 1966
❖ International Covenant Economic, Social and Cultural Rights, 1966.

INTRODUCTION

The universal protection of human rights refers to the collective efforts made by the international community to
uphold and safeguard the fundamental rights and freedoms of all individuals, regardless of their nationality, race,
religion, gender, or any other characteristic. It is based on the belief that every human being is entitled to certain
inherent rights simply by virtue of being human. The universal protection of human rights is anchored in various
international legal instruments and frameworks. These include the Universal Declaration of Human Rights
(UDHR), which sets out the basic rights and freedoms that all individuals should enjoy. Additionally, there are
numerous international treaties and conventions, such as the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which provide a
more comprehensive framework for the protection of human rights. To ensure the universal protection of human
rights, international bodies and organizations play a crucial role. The United Nations and its various agencies,
such as the Office of the High Commissioner for Human Rights (OHCHR), are at the forefront of promoting and
monitoring human rights globally. They work to raise awareness, provide technical assistance, and hold states
accountable for their human rights obligations. The universal protection of human rights is an ongoing and
evolving process. Challenges and violations still persist around the world, and efforts to address them require
continuous commitment and collaboration among nations, organizations, and individuals. The promotion and
protection of human rights contribute to creating a just, equitable, and inclusive society for all. The idea of
universal protection of human rights is rooted in the belief that human rights are universal, indivisible, and
interdependent.

UNITED NATIONS AND HUMAN RIGHTS

The United Nations (UN) has created a global structure for protecting human rights, based largely on its
Charter, non-binding declarations, legally binding treaties and on various activities aimed at advancing
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democracy and human rights throughout the world. The UN’s system of human rights protection has three
main components:

● It establishes international standards through its Charter, legally binding treaties, non-binding declarations,
agreements, and documents.
● It mandates Special Reporters and experts, and groups, such as working groups, committees, and treaty bodies,
to work in various manners for the promotion and protection of human rights.
● It offers technical assistance, through the Voluntary Fund for Advisory Services and Technical Assistance in
the field of Human Rights.

HISTORY

History International legal agreements and organizations pre-date the formation of the United Nations. At the
International Peace Conference in The Hague in 1899 over 25 nations met to codify the laws of war, both on
land and at sea. This formal statement on the desirability of international peace laid the foundation for such
organizations as the League of Nations and the United Nations.

Twenty years later, the League of Nations was founded at the Treaty of Versailles in 1919 (after 1st World War).
The League, the UN’s predecessor, was formed ‘to promote international cooperation and to achieve peace and
security’ throughout the world. Member states agreed not to go to war with one another without first submitting
complaints to any offending state; and for offending states who were not members of the League, its members
pledged not to go to war without an enquiry to the state. The League of Nations lasted only until 1946; it dissolved
after it failed to prevent the outbreak of World War II. The trauma and violence of World War II inspired the
Allied Nations to try to establish a peace-keeping organization for the prevention of the recurrence of such
horrors. On June 12, 1941, a preliminary move toward the establishment of the United Nations occurred with
the signing of the Inter-Allied Declaration. Signed in London, the Inter-Allied Declaration pledged that the Allied
powers would ‘work together, with other free peoples, both in war and in peace’. Two months later, President of
the United States Franklin Roosevelt and Prime Minister of the United Kingdom Winston Churchill agreed upon
a doctrine upon which to base international cooperation. The two main principles behind the UN, the
establishment of both world peace and global security, are found in the Atlantic Charter. Roosevelt and Churchill
signed this document while on board the HMS Prince of Wales on August 14, 1941. The signing signaled that
the Allied Powers intended to form a stronger, more effective organization than the League of Nations had proven
to be. On January 1, 1942, representatives from the 26 Allied nations gathered in Washington, DC to sign the
Declaration by United Nations. This document reaffirmed the goals set by the Atlantic Charter. It also first
contained the term ‘United Nations’, which had been suggested by President Roosevelt.
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In 1943, two conferences were held during which nations recognized that the goals set forth in the Declaration
by United Nations regarding international peace and security should be upheld within an international
organization. Dumbarton Oaks Conference 1944: To determine the goals, structure, and methods of functioning
for the United Nations.

The San Francisco Conference of 1945: President Roosevelt, Prime Minister Churchill and Premier Joseph Stalin
met at Yalta and announced their resolution to form ‘a general international organization to maintain peace and
security’. The Charter was then unanimously adopted on June 25 and signed on June 26 by 51 member states.
The United Nations officially became an institution with the ratification of the UN Charter on October 24, 1945.
On January 10, 1946, the first General Assembly met at Westminster, London. There were 51 nations represented
at this first meeting. One week later, on January 17, the Security Council first met, also in London. The following
week, on January 24, the General Assembly adopted its first resolution, focusing on peaceful uses of atomic
energy and the elimination of weapons of mass destruction. February 1 of that year saw the appointment of the
first Secretary General, Trygve Lie, from Norway. The UN Headquarters were first established in New York
City on October 24, 1949.

THE U.N. SYSTEM

After the Second World War the UN was established in 1945 as a global organization to maintain peace & avoid
abuses of war and to have similar rights of man across the world. The death, destruction and misery of the Second
World War gave birth to the United Nations when its Charter was signed on June 26, 1945. Accordingly, after
long deliberations, the words human rights took birth in international law with the adoption of the Charter of the
United Nations on October 24, 1945.

SIX PRINCIPAL ORGANS OF THE UNITED NATIONS ORGANIZATION

(1) The General Assembly

The General Assembly is composed of all the State parties’ members to the United Nations. The present strength
of the UN is 193. The Assembly meets once in a year normally in September. The president of each session is
elected every year by the member states. The General Assembly is authorized by the Charter to oversee the
various aspects relating to human rights. It is also responsible for appointing the Secretary-General, upon
recommendation from the Security Council to a renewable five-year term.

(2) The Security Council

The Security Council is the main body responsible for the maintenance of peace and security. It has a total
strength of 15 out of which five are permanent members (U.K., USA, France, Russia, and China) and 10 non-
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permanent members elected for every two years basing on geographical representation. The Security Council is
highest body, whose decision is final on any matter. To receive any decision for implementation it requires at
least a majority of 10 votes. The representatives of members states should always be available in New York to
facilitate the council to meet when it is necessary.

(3) The Secretariat

The United Nations has a secretariat to coordinate with the entire work of all the organs of the UN. The
Secretariat is headed by the UN Secretary-General appointed to a 5 term by the General Assembly. It can be
extendable indefinitely for any number of terms. The Secretariat provides for studies, information, and facilities
needed by United Nations bodies for their meeting. The Secretariat is the depository for all the legal Instruments
entered by the states. It carries the work as directed by the organs of the UN.

(4) The Economic and Social Council (ECOSOC)

The Economic and Social Council is one of the principal organs of the UN. It is responsible for the work of the
Economic and Social for the work of the Economic and Social affairs of the bodies of the UN. It has 54 states as
its members. They are elected by the General Assembly for three years term. The election of the States is based
on geographical distribution of regions of the world. It meets once in a year. This is the main body mostly looks
after the affairs of the Human Rights and recommends to the UN bodies.

(5) Trusteeship Council

This council was originally established to preside over the so-called ‘dependent areas’ within the international
Trusteeship System, under Article 75 of the UN Charter. Trusteeship council’s objective is to promote
harmonious relations among the people of dependent territories and to make the territories independent.
However, the goals for and tasks of the Council have largely been fulfilled, and it is therefore now mostly
obsolete. Currently, the Trusteeship Council only meets if a scenario requires it.

(6) The International Court of Justice (ICJ)

The ICJ is the main Juridical Organ of the UN. It is situated in the Peace Palace at Hague in the Netherlands. It
settles the disputes submitted by the States and renders advisory opinion to the United Nations. The court consists
of 15 judges elected for a 9-year term by the UN. The electron takes place every 3 years, basing on the retirement
of one third of judges. The President of the Court is elected by the judges. All states that have signed the UN
Charter are members of the ICJ. Its jurisdiction extends to international conflicts, except for political ones.
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INTERNATIONAL BILL OF RIGHTS

The International Bill of Human Rights is an informal name given to one General Assembly resolution
(UDHR) and two international treaties/covenants and one established by the United Nations. It consists of:

1. Universal Declaration of Human Rights (1948),

2. International Covenant on Civil and Political Rights (1966) with its two Optional Protocols
3. International Covenant on Economic, Social and Cultural Rights (1966).

UN CHARTER & HUMAN RIGHTS (111 Articles)

The preamble of the UN declared its aim to wipe out the fear of war, the promotion of human rights and the
worth of human person and dignity of mankind. It also seeks to establish justice and promotes corporation
between the States to discharge their duties to create a just economic, social and cultural order wherein mankind
can realize the fundamental human rights in accordance with the principles of international law. Accordingly, a
number of provisions of the Charter have incorporated human rights. They are as follows:

1. Article 1 of the Charter lays down the purposes of the UN: To achieve international co-operation in order
to reduce the inequalities of economic, social, and cultural aspects. It also oversees to promote and encourage
the nation-states to respect the human rights of man and the promotion of all the fundamental freedoms without
any distinction to race, sex, language or religion.

2. Article 8 of the charter lays down that the UN shall place no restriction on the eligibility of men and women
to participate in any capacity equally in its principal and subsidiary organs. All persons of the world are eligible
to join the UN and serve in its jobs as per the qualifications prescribed for each post.

3. Article 13: the General Assembly has been entrusted with the task of taking harmonized steps in the
promotion of human rights of economic, social, cultural, educational and fundamental freedoms.

4. Article 55: Duty to promote universal respect for observance of human rights and fundamental freedoms.

5. Article 62: The Economic and Social Council may make recommendations for the purpose of promoting
respect for, and observance of, human rights and fundamental freedoms for all.

6. Article 68: The Economic and Social Council shall set up commissions in economic and social fields and
for the promotion of human rights.

5. Article 76: The member states established a Trusteeship Council as another principal organ.
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UN Charter also referred to the concept of fundamental human rights, the dignity and worth of the human person,
equal rights, justice, social progress and fundamental freedoms.

Weaknesses of UN Charter provisions related to HR: The charter clauses only contain a pious injunction to
cooperate and do not impose any obligations. The UN Charter made no attempt to define the terms ‘human
rights’ and ‘fundamental freedoms’. The only substantive human right to receive specific mention in the UN
Charter is that of equal protection (Articles 1(3), 13(1)(b) and 55).

The term ‘International Bill of Human Rights’ encompasses the human rights provisions of the 1948 Universal
Declaration of Human Rights and the two international Covenants on human rights: the UN Covenant on the
Civil and Political Rights, its two Optional Protocols and the International Covenant on Economic, Social and
Cultural Rights.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)

The Universal Declaration of Human Rights (UDHR) was adopted UN on 10 December 1948. It was drafted by
the Commission on Human Rights. As a General Assembly resolution, the UDHR is not a legally binding
instrument. The intention of the UDHR was to act as a ‘common standard of achievement for all peoples of all
nations’ (Eleanor Roosevelt). The UDHR set down minimum standards in respect of rights and freedoms. It
contains preamble and 30 Articles relating to those rights and freedoms which are regarded as being every
person’s birth right. Based on the content and the nature of the rights enumerated therein, the 30 Articles of the
UDHR can be broadly classified into four categories.

1. Articles general in nature: Articles 1 and 2 are regarded as fundamental, underlying all human rights: the
right to freedom and equality and to freedom from discrimination.
2. Articles proclaiming civil and political rights: Articles 3 to 21 set out civil and political rights.
3. Articles proclaiming economic, social, and cultural rights: Articles 22 to 27 refer to economic, social and
cultural rights.
4. Concluding articles: Article 28 to 30: The last three Articles call for a social and international order
safeguarding the universal enjoyment of all human rights in which, inter alia, individuals have duties to the
community.

1 Born free & equal 16 Marriage & family

2 Don’t discriminate 17 Your own things
3 The right to life 18 Freedom of thought
4 No slavery 19 Freedom to say what you want
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5 No torture 20 Meet where you like

6 Right to use law 21 The right to democracy
7 Protection of law 22 The right to social security
8 Fair treatment by fair courts 23 Worker’s rights
9 No unfair detainment 24 The right to play
10 The right to trail 25 A bed & some food
11 Innocent until proven guilty 26 The right to education
12 The right to privacy 27 Culture & copyright
13 Freedom to move 28 A free & fair world
14 The right to asylum 29 Our responsibilities
15 The right to a nationality 30 Nobody can take away these rights

The rights and freedoms set out in the UDHR were not enforceable. UDHR did represent the first attempt to
afford comprehensive international protection for the individual. It also provided the foundation for two legally
binding UN documents, the International Covenant on Civil and Political Rights (ICCPR) and the International
Covenant on Economic, Social and Cultural Rights (ICESCR), 1966 and entered into force in 1976.

The purpose of the UDHR is to provide ‘a common understanding’ of the human rights and fundamental
freedoms referred to in the UN Charter and to serve ‘as a common standard of achievement for all peoples and
all nations.

Brief Description of Provision UDHR COI

Equality and equal protection before law Article 7 Article 14

Remedies for violation of Fundamental Rights Article 8 Article 32

Right to Life and personal liberty Article 9 Article 21

Protection in respect for conviction of offences Article 11(2) Article 20(1)

Right to property Article 17 Article 31

Right to freedom of conscience and to practice, profess

Article 18 Article 25(1)
and propagate any religion
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Freedom of speech Article 19 Article 19(1)(a)

Equality in opportunity of public service Article 21(2) Article 16(1)

Protection of minorities Article 22 Article 29(1)

Right to education Article 26(1) Article 21A

THE COVENANT ON CIVIL AND POLITICAL RIGHTS 1966

The ICCPR sets out in considerable detail the obligations incumbent on contracting parties and emphasizes
that the rights detailed are to be enjoyed by all without discrimination. The covenant was ratified by 140 states.
The ICCPR is a multilateral treaty adopted by the UN on December 16, 1966, and came into force on March
23, 1976. The covenant consists of 53 articles. The ICCPR focuses on protecting civil and political rights of
individuals. About 173 countries are parties to the Covenant.

PURPOSE: The ICCPR recognizes the inherent dignity of each individual and undertakes to promote
conditions within states to allow the enjoyment of civil and political rights. Countries that have ratified the
Covenant are obligated to protect and preserve basic human right and compelled to take administrative,
judicial, and legislative measures in order to protect the rights enshrined in the treaty and to provide an effective
remedy.”

The Covenant establishes a committee of experts, the Human Rights Committee, to monitor its implementation
by states parties. Individuals whose rights have been violated can submit complaints to the committee once all
domestic remedies have been exhausted.

The implementation of the ICCPR is overseen by the United Nations Human Rights Committee, which reviews
reports of parties on how effectively fundamental rights are being implemented. The parties to the ICCPR
reports within a year after acceding to the Covenant, and then whenever the committee requires. The
Committee holds its sessions in Geneva, Switzerland, thrice per year. The ICCPR contains about 53 articles
divided into 6 parts.

1. Right to self-determination (Article 1)

2. Right to legal remedy (Article 2-5)
3. Right to physical integrity, Right to Liberty (Article 6 - 27)
4. Guidelines of the Human Rights Committee (Article 28 - 45)
5. Not to interfere with the operation of the UN (Article 46 – 47)
6. Ratification and amendment of the Covenant (Article 48 - 53)
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Articles of Details
ICCPR
Article 1 It recognizes the right of all peoples to self-determination, including the right to “freely
determine their political status”, pursue their economic, social and cultural goals, and
manage and dispose of their own resources.
Articles 2 - 5 Based on the notion of non-discrimination. To provide a legal remedy in case of
violation of rights.
Articles 6 - 27 Article 6 -27: Right to physical integrity, Right to Liberty and security of a person,
Procedural fairness and rights of accused, Individual Liberties
• Guarantee of physical integrity as in right to life and freedom from torture and slavery.
• Freedom from unlawful arrest, right to habeas corpus and guarantee of individual
liberty and security.

• Fairness in law and its procedure through the rights to due process, fair and impartial
trial, the presumption of innocence.

• Freedoms of moment, thought, religion association, conscience, assembly, right to

privacy and right to a nationality.

• Disallowing propaganda for war and religious purposes as well as advocacy of

national or religious hatred that will result in violence or hostility.

• Political participation, including the right to the right to vote

• Equality before the law, no discrimination on grounds of anyone being a minority or

not.

Articles 28 - 45 Guidelines of the Human Rights Committee, reporting and monitoring of the Covenant.
It also enables the parties to recognize the authority of the committee to resolve the
disputes between parties on the implementation of the ICCPR.
Articles 46 - 47 Provisions of the ICCPR does not mean that parties will interfere with the operation of
the UN or “the inherent right of all peoples to enjoy and utilize full and freely their
natural wealth”
Articles 48 - 53 Governs ratification, entry into force, and amendment of the Covenant.
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Brief Description of Provision ICCPR COI

Right to life and liberty Article 6 (1) & 9(1) Article 21

Prohibition of trafficking and forced labour Article 8(3) Article 23

Article 9(2), (3) and

Protection against detention in certain cases Article 22
(4)

Freedom of movement Article 12(1) Article 19(1)(d)

Right to equality Article 14(1) Article 14

Right not to be compelled to be a witness against own self Article 14(3)(g) Article 20(3)

Protection against double jeopardy Article 14(7) Article 20(2)

Protection against ex-post facto law Article 15(1) Article 20(1)

Right to freedom of conscience and to practice, profess and Article 25(1) &
Article 18(1)
propagate any religion 25(2)(a)

Freedom of speech and expression Article 19(1) & (2) Article 19(1)(a)

Right to assembly peacefully Article 21 Article 19(1)(b)

Right to form union/ association Article 22(1) Article 19(1)(c)

Equality in opportunity of public service Article 25(c) Article 16(1)

Equality and equal protection before law and no

Article 14 &
discrimination on the basis of any ground such as race, Article 26
15(1)
colour, sex, language, religion etc.

Article 29(1) &

Protection of interests of minorities Article 27
30
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The Implementation Mechanisms

● The Reporting Procedure

● Interstate Communication System
● Conciliation Procedure
● Individual’s Communication System

OPTIONAL PROTOCOLS

There are two Optional Protocols to the Covenant.

1. The First Optional Protocol establishes an individual complaints mechanism, allowing individuals to complain
to the Human Rights Committee about violations of the Covenant. This has led to the creation of a complex
jurisprudence on the interpretation and implementation of the Covenant. As of September 2019, the First
Optional Protocol has 116 parties.
It establishes an individual complaints procedure for bringing alleged violations of the Covenant by states
parties before the ICCPR treaty body, the Human Rights Committee.

2. The Second Optional Protocol abolishes the death penalty; however, countries were permitted to make a
reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during
wartime. As of September 2019, the Second Optional Protocol had 87 parties.

THE INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS (ICESCR)

The International Covenant on Economic, Social and Cultural Rights (ICESCR) remains the principal
instrument on economic, social and cultural rights. It aspires to provide non-self-governing and trust territories
and individuals, labour rights, right to health, right to education and the right to an adequate standard of living.
The focus of the ICESCR is on the rights identified in Articles 22–27 of the UDHR. Each contracting state is
required to take steps to the maximum of its available resources ‘to achieve progressively the full realization
of the rights’ without ‘discrimination of any kind as to race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status’. Thus states parties are obliged to strive
towards fulfilment and show the progress they have made towards achieving this aim.

It recognizes the right to self-determination; equality for men and women; the right to work and favorable
conditions of work; the right to form and join trade unions; the right to an adequate standard of living including
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adequate food, clothing and housing; the right to health and healthcare; the protection of the family; and the
right to social security. Currently 160 countries have ratified the Covenant.

STRUCTURE: The covenant consists of 31 articles that are divided into 5 parts and an Optional Protocol.

Part I: Article 1: Right of self-determination (External & Internal)

PART II (Article 2-5): Equal Rights, General Welfare, “progressive realization of rights

PART III (Article 6- 15): Economic, Social & Cultural Rights

Economic rights: (Art 6- 8) rights to work, to receive a fair wage, safe working conditions, and to form and
join trade unions.

Social Rights: (Art, 9 – 15) Rights to social security, protection of the family, standard of living, mental and
physical health.

⮚ The Right to Food (Article 11(2))

⮚ The Right to Water (Articles 11 & 12)
⮚ The Right to Housing (Article 11)
⮚ Right to Property Article 11

Cultural rights: (Article 13 -15): Rights to education, to take part in cultural life, to enjoy the benefits of
scientific progress, and copyright and trademark protections.

⮚ The Right to Take Part in Cultural Life (Article 15(1)(a))

⮚ The Right to Enjoy the Benefits of Scientific Progress (Article 15(1)(b))
⮚ The Right to Benefit from the Protection of Moral and Material Interests Resulting from Scientific, Literary
and Artistic Productions (Article 15(1)(c))

PART IV (Articles 16–25): Monitoring & Enforcement

Optional Protocol to the ICESCR

The ICESCR is a multilateral treaty which mainly focuses on social and cultural rights like food, health,
education, shelter etc. The Committee on Economic, Social and Cultural Rights (CESCR) originally called the
United Nations Economic and Social Council- oversees States parties’ implementation of the ICESCR. India
ratified this covenant on April 10, 1979. Most of the provisions in this covenant are found in Part IV (DPSPs) of
the Indian Constitution.
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Brief Description of Provision ICESCR COI

Right to work Article 6(1) Article 41

Equal Pay for equal work Article 7(a)(i) Article 39(d)

Article 7(a)(ii) &

Right to living wage and descent standard for life. Article 43
(d)

Article 7(b) &

Humane conditions of work and maternity leave. Article 42
10(2)

Opportunities to children prevention against exploitation. Article 10(3) Article 39(f)

Improving public health, nutrition & standard of living. Article 11 Article 47

Compulsory education for children Article 13(2)(a) Article 45

Article 29(1) &

Protection of interests of minorities Article 27
30

OTHER TREATIES RELATED TO HUMAN RIGHTS

● International Humanitarian Law (IHL) and international human rights law are complementary bodies of
international law that share some of the same aims.
● International humanitarian law is a set of rules which seek, for humanitarian reasons, to limit the effects of
armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the
means and methods of warfare. International humanitarian law is also known as the law of war or the law of
armed conflict.
● Convention on the Prevention and Punishment of the Crime of Genocide (1948)
● Convention on the Elimination of All Forms of Racial Discrimination (1965)
● Convention on the Elimination of All Forms of Discrimination against Women (1979)
● Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
● Convention on the Rights of the Child (1989)
● International Convention on the Protection of the Rights of All Migrant Workers and Members of their
Families (1999)
● International Convention for the Protection of All Persons from Enforced Disappearance (2006)
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● Convention on the Rights of Persons with Disabilities (2006)

● In 2011, the United Nations Human Rights Council (UNHRC) passed the Guiding Principles on Business and
Human Rights (UNGPs).

UNITED NATIONS HUMAN RIGHTS MECHANISMS

The UN’s system of human rights protection has three main components

● it establishes international standards through its Charter, legally binding treaties, non-binding declarations,
agreements, and documents
● it mandates Special Rapporteurs and experts, and groups, such as working groups, committees and treaty
bodies, to work in various manners for the promotion and protection of human rights
● it offers technical assistance through the Voluntary Fund for Advisory Services and Technical Assistance in
the field of Human Rights.

The UN human rights monitoring mechanisms can be classified into two main categories:

1. UN Charter-based bodies and procedures and

2. Treaty-based bodies and procedures

UN Charter-based bodies and procedures and Treaty-based bodies and procedures. The former derives from
provisions in the Charter of the United Nations (UN); the latter are bodies created under international human
rights treaties. Those mechanisms based on the UN Charter include: the Universal Declaration of Human
Rights; the Commission on Human Rights; and the Sub-Commission on the Promotion and Protection of
Human Rights. These two mechanisms complement each other. A series of international human rights treaties
and other instruments adopted since 1945 have expanded the body of international human rights law.

Human rights mechanisms work through monitoring and accountability: Information gathering; reporting to
the human rights mechanism (UN Charter-based or Treaty-based), dialogue with the State involved,
recommendations by the human rights body to the State, and the implementation of recommendations and
follow-up by the State involved.

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
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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.

Commission on Human Rights

The Commission, consisting of 53 governments elected by ECOSOC to which it reported, was replaced in 2006
by the Human Rights Council, consisting of 47 governments elected by the UNGA, to which it reports. It is
assisted by the Sub-­‐Commission on the Promotion and Protection of Human Rights, individual experts,
representatives, and Special Rapporteurs. The Commission on Human Rights meets for six weeks each year in
Geneva. Its jurisdiction of human rights protection was expanded by ECOSOC in the 1970s to include the entire
globe. From its inception, the Commission has influenced international human rights standards, working to set
as well as to enforce rights standards. It helped author the Universal Declaration of Human Rights in 1948. Since
then, it has formed standards relating to the right to development, civil and political rights, economic, social, and
cultural rights, the elimination of racial discrimination, torture, the rights of the child and the rights of human
rights defenders.

Sub commission on the Promotion and Protection of Human Rights (1947-2006)

● The Sub commission on the Promotion and Protection of Human Rights was the key subsidiary of the
Commission on Human Rights.
● Established by the Commission on Human Rights under the authority of Economic and Social Council
resolution 9 (II) of 21 June 1946
● Name changed from Sub commission on Prevention of Discrimination and Protection of Minorities by
ECOSOC decision 1999/256 of 27 July 1999 (see E/1999/99, p.127)
● Met in annual sessions from 1947-2006
● Prior to 19 June 2006, the Sub commission reported to the Commission on Human Rights; its final report was
submitted to the Human Rights Council

UN Office of the High Commissioner for Human Rights

● The Office of the High Commissioner for Human Rights (OHCHR) leads UN activity on human rights issues.
● The post of UN High Commissioner for Human Rights was established by General Assembly resolution on 20
December 1993.
● OHCHR provides support for UN human rights activities, including:
● Provides secretariat support for all UN human rights bodies
● Maintains the specialized human rights document databases
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● Receives individual complaints to the human rights bodies

● Prepares fact sheets and training materials on human rights topics

The Human Rights Council (UNHRC) (2006- )

UNHRC was created by UNGA resolution in 2006 to replace the Charter-based Commission on Human Rights.
It meets in regular session at least three times a year. The major innovations of the reform are the Council’s
Advisory Committee (18 experts, functioning as a think-tank for the Council) and the Universal Periodic Review
(UPR).

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. Meets
in Geneva, in regular session three times annually and in special session as needed. Reports to the General
Assembly.

SUBSIDIARY BODIES OF THE HUMAN RIGHTS COUNCIL

Universal Periodic Review Working Group (2007- )

General Assembly mandates a universal periodic review of each state’s fulfilment of its human rights
obligations and commitments. Human Rights Council resolution of 18 June 2007, “Institution-building of the
United Nations Human Rights Council,” sets out the main elements of the universal periodic review.

● Universal Periodic Review Working Group carries out the review

● Meets in three sessions per year
● At each session, sixteen countries are reviewed.
● A four year-cycle to complete review of all 193 Member States of the UN

Human Rights Council Advisory Committee (2007- )

The Human Rights Council Advisory Committee is an expert body that functions as a think-tank for the Council.

● Established by Human Rights Council resolution 5/1 of 18 June 2007 (in A/62/53)
● Composed of 18 experts serving in their personal capacity
● Advisory Committee supersedes the Sub commission on the Promotion and Protection of Human Rights

Special Procedures (1947- )

The Human Rights Council has responsibility for the special procedures, including those originally established
by the Commission on Human Rights.
 Human Rights Law & Practice - Unit 2 17 Al- Ameen College of Law, Bangalore

Special procedure mechanisms include:

● special rapporteurs
● special representatives
● independent experts
● working groups
● Special procedures investigate, discuss, and report on specific human rights issues under a country mandate or
thematic mandate.
● Reports of the special procedures are issued under a variety of document symbols
● They may report on their topic to a principal organ, the Human Rights Council, or to a subsidiary body
● Documents take the symbol of the body to which the report is submitted

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.

UN human rights conventions have monitoring bodies to oversee the implementation of the treaty provisions. 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.

1. Human Rights Committee

The Human Rights Committee monitors the implementation of the ICCPR and its optional protocols.

● Established pursuant to Article 28 of the ICCPR

● Meets in three sessions each year in New York and Geneva
● First session held in 1977.

2. Committee on Economic, Social and Cultural Rights

The UN Committee on Economic, Social and Cultural Rights (CESCR) oversees the implementation of the
International Covenant on Economic, Social and Cultural Rights and its Optional Protocol.

● Established by ECOSOC resolution in 1985 to supervise the implementation of the Covenant and functions
like a treaty body
 Human Rights Law & Practice - Unit 2 18 Al- Ameen College of Law, Bangalore

● Meets in two sessions each year in Geneva

● First session held in 1987
3. Committee on the Elimination of Racial Discrimination

The Committee on the Elimination of Racial Discrimination (CERD) monitors the implementation of the
International Convention on the Elimination of All Forms of Racial Discrimination.

● Established pursuant to article 8 of the Convention

● Meets in two sessions each year in Geneva
● First session held in 1970
● There are several procedures around which documents are issued by CERD: State party reports, early-warning,
inter-state complaints, individual complaints, general comments, and thematic discussions.
● Initial report within one year after its entry into force for the State Party concerned
4. Committee on the Elimination of Discrimination against Women

The Committee on the Elimination of Discrimination against Women (CEDAW) monitors the implementation of
the Convention on the Elimination of All Forms of Discrimination against Women and its optional protocol.

● Established pursuant to Article 17 of the Convention

● Meets in two sessions each year
● Beginning in 2008, meetings are held in Geneva
● Previously meetings were held in New York or Vienna
● First session held in 1982
● There are several types of matters considered by the CEDAW: State party reports, individual complaints,
inquiries into situations, and general recommendations.
● Initial report within one year after its entry into force for the State Party concerned
5. Committee against Torture

The Committee against Torture (CAT) monitors the implementation of the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment. The Subcommittee on Prevention of Torture
(SPT) monitors the optional protocol.

● Established in accordance with Article 17 of the Convention

● Meets in two sessions each year in Geneva
● First session held in 1988
● There are several types of matters considered by CAT: State party reports, individual complaints, inquiries into
situations, and general comments. It may also consider inter-state complaints.
 Human Rights Law & Practice - Unit 2 19 Al- Ameen College of Law, Bangalore

● Initial report within one year after its entry into force for the State Party concerned
6. Committee on the Rights of the Child

The Committee on the Rights of the Child (CRC) monitors the Convention on the Rights of the Child and its
optional protocols.

● Established pursuant to Article 43 of the Convention;

● Meets in three sessions each year in Geneva;
● First session held in 1991.
● The CRC considers State party reports, issues general comments, and holds general discussions. An Optional
Protocol opened for signature in 2012 will allow the CRC to hear individual complaints.
● Initial report within two years of the convention's entry into force for the State party concerned.
7. Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW)
monitors the implementation of the Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families.

● Established pursuant to Article 72 of the Convention

● Meets in two sessions each year in Geneva
● First session held in 2004
● The CMW considers State party reports, issues general comments, and can hold general discussions. When
10 State parties have made the necessary declaration under article 77, the CMW may consider individual
complaints.
● Initial report within one year of its entry into force for the State Party concerned
8. Committee on the Rights of Persons with Disabilities

The Committee on the Rights of Persons with Disabilities (CRPD) monitors the implementation of the
Convention on the Rights of Persons with Disabilities and its optional protocol.

● Established pursuant to Article 34 of the Convention

● Meets in two sessions each year in Geneva
● First session held in 2009
● The CRPD considers State party reports, and holds general discussions. The CRPD may consider individual
complaints in accordance with the optional protocol.
● Initial report within 2 years of the Convention's entry into force for the State party
 Human Rights Law & Practice - Unit 2 20 Al- Ameen College of Law, Bangalore

9. Committee on Enforced Disappearances

The Committee on Enforced Disappearances (CED) monitors the implementation of the International
Convention for the Protection of All Persons from Enforced Disappearance.
● Established by article 26 of the Convention
● Meets in two sessions each year in Geneva
● First session held in 2011
● The CED considers State party reports and individual complaints.
● Initial report within 2 years of the Convention's entry into force for the State party

REFERENCES

• BHAGYASHREE DESHPANDE, HUMAN RIGHTS LAW & PRACTICE (Central Law Publications 2017).
• S R MYNENI, HUMAN RIGHTS LAW (Asia Law House 2020).
• S P GUPTA, INTERNATIONAL LAW AND HUMAN RIGHTS (Allahabad Law Agency 2009).
• ANIL K NAIR, HUMAN RIGHTS (Aparna Publications 2021).
• Study Material for Human Rights, KLE SOCIETY’S LAW COLLEGE, (June. 15, 2023, 05:45 PM),
https://www.klelawcollege.org/study-materials/.
• P. SAKTHIVEL, HUMAN RIGHTS LAW (The Tamil Nadu Dr. Ambedkar Law University).
• NITYANANDA PAUL & SUCHITRA MISHRA, CONCEPT OF HUMAN RIGHTS, Odisha Review, Jan.
2017.
• S K KAPPOR, INTERNATIONAL LAW & HUMAN RIGHTS (Central Law Agency 2014).
• DAG HAMMARSKJÖLD LIBRARY, UN Human Rights Documentation, https://research.un.org/en/docs/humanrights/resources.

COMPILED BY: SUBIN THOMAS

(18 June 2023)