The Human Rights Treaty Body system



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 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 15th of 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 the part of the Secretariat which has principal responsibilities 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 non-discrimination and equality 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 International Convention on the elimination of all forms of racial discrimination the International Covenant on Civil and Political Rights which has two protocols on individual complaints and on the abolition of the death penalty 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 the Convention on the elimination of all forms of discrimination against women which has one optional protocol allowing for petitions and inquiries 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 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 the Convention for the protection of the rights of all migrant workers and members of their families the Convention on the Rights of persons with disabilities which has an optional protocol allowing for petitions and inquiries the International Convention for the protection of all persons from enforced disappearance 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 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 committee's are composed of between 10 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 with 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 systemic violations of the treaty concerned states have ratified human rights conventions 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 or further human rights treaties in addition to the treaty bodies and States Parties other actors participate in the treaty body process 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 non-governmental organisations 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 3d bodies are committees which monitor the implementation of human rights treaties through consideration of reports petitions and the conduct of inquiries 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 from state party the adoption by the committee of concluding observations the implementation of the concluding observations by the state party and follow-up at the national level in 2006 the committee's adopted new guidelines to assist States to prepare reports stays are asked to submit a common core document providing information relevant for each treaty body as well as a document specific to the treaty concerned each committee has prepared or is finalizing guidelines for States Parties which complement the guidelines for the common core document to assist them when they prepare their treaty specific report preparation of the report provides an opportunity for the government to review the human rights situation in the country and engage constructively with civil society the main value is that the reporting process provides an extremely interesting and relevant learning opportunity just the fact that there many ministries have to contribute to a report means that very often officials who never have heard about these human rights conventions for the first time have to look at them have to take them seriously it is important that National Human Rights institutions and NGOs share their perspectives with the government by providing their observations on the report and implementation generally they may also submit their own reports to the committee's as an organization we were responsible for coordinating a shadow report for Northern Ireland in advance of the UK government hearing in July and we used that process really to consult with women throughout Northern Ireland about the articles in the CDO Convention and to increase their awareness of the convention of what's contained in the Convention and how they can hopefully use the conventions within Northern Ireland and at UK level to improve women's rights and equality I think we have find Sedo and the whole experience of the you being at the UN to be very positive in terms of the knowledge and the skills has given us an awareness-raising and it helped us to bring issues to the fore in Northern Ireland which are sometimes quite controversial issues such as abortion and reproductive rights and such issues such as women being equally represented in all of the post-conflict bodies in Northern Ireland the media can raise public awareness about the fact that a report on implementation of one or more of the treaties is being prepared the first role by the media is to make people sister to the right and the commonality must be aware that there is a covenant which is giving them some sort of international protection in case these rights are violated when people know their rights then they are in a better position to enjoy them under the film them also the reporting states specially at the time of the writing of their report the media can make the state aware that the role of the state party in preparing its report to the committee is not only governmental role the three authorities and government should be involved with judiciary executive and legislative they should be involved all together because they are important in protecting they the right in the covenant however other signals of civil society should be involved including NGOs and other actors in brief it is it is the country altogether which should be involved in the preparation of the report and that's going also to strengthen the awareness by the public of their rights it will be good for the committee members to have various views from the country other than just a government report and it's healthy to ensure that other people's views are also considered by the treaty bodies key message preparation of the report provides an opportunity to assess how human rights are implemented at national level preparation of the report should be a consultative process civil society should be actively involved before the session at which a report will be considered the committee's seek complimentary and up-to-date information in order to get an objective view of implementation of the human rights obligations by the state party often meeting with representatives of UN entities National Human Rights institutions and NGOs based on this information they formulate a list of issues or questions which is sent to the state party in advance seeking further information on specific points not mindful looking for me normally when the reports come to us they are one or two years old so that when we deal with them they are already a year or two late the report is therefore we need to issue a list of questions that update the information included in the report and in general they are rather more of a quantitative kind quantitative after it is submitted the report is translated into the committees working languages and scheduled for consideration a delegation of representatives of the state party presents the report to the committee and answers any questions it may have the consideration of the report is not a judicial hearing each committee aims to engage in a constructive dialogue on implementation with the delegation before we started the meeting where I was really pie for once cared what are these people going to ask you know better maybe you fail to answer the queries they ask all the questions they raise up but I think they really put us in mood for for the meeting it was not harassment it was the initial discussion we give our views they give their views then we again give our our response most committees allocate specific time for discussion with the United Nations entities National Human Rights institutions and NGOs during their sessions or through scheduling informal briefings it's important that but it is important for the government to know that there is an observer over here as well not necessarily from the government I am NOT saying that I believe that the truth wouldn't be told but it is also helpful to know that there is another party that has another perspective which is sometimes a bit different that is this one for confident we very important for this committee to help us engage with governments in a proper dialogue in a constructive dialogue in a congenial and friendly sort of way to encourage governments to take steps to make sure that these children have the possibility to develop into productive and unhappy citizens key message through the reporting process committees interact with UN entities National Human Rights institutions NGOs and others in order to gain a full picture of implementation at the national level the consideration of a report is a constructive dialogue between the State Parties delegation and the committee it is an opportunity for the delegation to seek guidance and advice on how to implement a treaty after it is considered the report the committee adopts concluding observations which give the state party encouragement and provide practical advice on steps that are required to enhance implementation of the rights in the treaty states are urged to translate the concluding observations into local languages and disseminate them widely in order to inform the public and create debate on how to move forward with human rights implementation some committees specifically request States Parties to ensure that Parliament receives the concluding observations National Human Rights institutions NGOs and the media play an important role in the dissemination of the concluding observations first of all that this dissemination is done in our annual reports which go to Parliament which actually means that Parliament is made aware of the observations and recommendations made by the treaty bodies when you read these recommendations first of all they are presented in diplomatic language clear and straightforward it doesn't take an attitude of you are wrong and therefore you have to to be blamed for it or do something about it the representation is professional and very good elytra mento della record committee's recommendations can be very useful as an instrument for state organs as well as for civil society organisms because they can support requests for new programs for budget requests requests for new policies demands for all the changes that need to be done this is easier if it is backed by a document such as the recommendations of the committee document of people T to delay recommendation and key message concluding observations are key guidance tools for States Parties and civil society for implementation concluding observations identify what has been achieved and indicate what still remains to be done just as the state party has the obligation to implement the rights contained in the treaties it also has the responsibility to follow up the concluding observations following up the recommendations of the United Nations human rights treaty bodies is essential at the national level or else the work of the treaty bodies would be meaningless and all the treaties in the world cannot help otherwise all treaty bodies request States Parties to provide information on implementation of recommendations contained in earlier concluding observations in their next report or during dialogue several have also introduced formal procedures to monitor more closely implementation of recommendations in their conclusions the Human Rights Committee the Committee Against Torture and the Committee on the elimination of discrimination against women identify a limited number of priority recommendations in their concluding observations and requests a state party to provide information on steps taken to implement these within one or two years the Committee on the Elimination of Racial Discrimination requests further information or an additional report on such implementation these committees appoint follow-up coordinators or reporters who monitor the state parties compliance with these requests and information on this is contained in the annual report it's very encouraging how all members are far the stakeholders of the countries like the government agencies the National Human Rights institutions and civil societies are really taking on seriously this question of following up in other words implementing the concluding observations of the United Nations treaty bodies in countries the office of the High Commissioner for Human Rights convenes follow-up workshops for representatives of the government National Human Rights institutions UN agencies NGOs and the media civil society has a critical role in ensuring that the recommendations are followed up and can support the government in fulfilling its responsibilities this process serves as a platform for dialogue at the national level and encourages the creation of specific plans of action it is also the starting point for the next report what is of course a fact is that not all our recommendations are implemented and that's kind of to be expected because they are not binding there are recommendations but what is very interesting to see is that even countries with a difficult human rights situation usually take up some of the recommendations and when we then look at the next report there always is some sometimes small sometimes big progress that is a fact and that's encouraging key message follow-up with the concluding observations is the responsibility of the state party some committees have adopted follow up procedures follow up can be a platform for national dialogue the adoption of the concluding observations marks the end of the formal consideration of the report but the dialogue continues in order to strengthen implementation of the obligations in the treaties at the national level despite the legally binding nature of the reporting process and its benefits reporting to the treaty bodies can be a challenge for States Parties particularly where they have ratified a large number of the treaties Somma failed to report or do so after a long delay the committees have developed a procedure that allows them to consider implementation of the relevant treaty in a country in the absence of a report on the basis of information that they have available from the UN National Human Rights institutions NGOs and other sources this is sometimes referred to as the review procedure committed each reporting cycle builds upon the previous one this cycle provides a platform to achieve the full enjoyment of Human Rights five committees can consider complaints from people who believe their rights have been violated they are the Human Rights Committee the Committee on the Elimination of Racial Discrimination the Committee Against Torture the Committee on the elimination of discrimination against women and the Committee on the rights of persons with disabilities an individual complaints procedure is also included in the Convention on the Rights of all migrant workers and members of their families which has not been accepted by a sufficient number of states parties to make it operational and the Convention on the protection of all persons from enforced disappearance which is not yet in force the optional protocol to the Covenant on economic Social and Cultural Rights adopted on 10 December 2008 also confers this competence on the committee on economic social and cultural rights when it enters into force there is growing support for an optional protocol to the Convention on the Rights of the Child which would allow for complaints alleging violations of children's rights complaints may only be brought against states which have recognized the competence of the committee to consider complaints from individuals depending on the treaty concerned the state party recognizes the committee's competence by making a declaration under an article of the treaty or by becoming a party to an optional protocol anyone can lodge a complaint with a committee against a state that satisfies these conditions a complaint may also be brought on behalf of another person if his or her consent is obtained or if the author can justify acting without such consent group the group or the victim should submit a written and signed letter which should explain the facts grievances actions by the state and the violation which they invoke liveth likud easy eat love your lesson kids are booked are then once the complaint is lodged it will be received by the Secretariat of the OHCHR the Secretariat petitions unit is specialized in all individual communications aimed towards the five conventional committees which follow this type of procedure the vol is set go beat a questionnaire deaconess to keep the positive firstly this procedure of individual complaints is a test of the goodwill of the states to give full effect to the convention which they have ratified then once you're given the states that accept to follow the procedures of individual communications or individual complaints pushes the system to its limits that is they accept the risk to be condemned in case of violation of the convention so to me is a test for States political there is no formal time limit for filing a complaint however it is preferable for complaints to be submitted as soon as possible after the exhaustion of domestic remedies if the essential elements of a case are provided the complaint will be registered or formally listed as a case for consideration by the relevant committee the complaint will be forwarded to the state party for comments after which the submission received from the state party will be transmitted to the complainant for comments after these are received the case is normally ready for consideration by the committee the committee will first consider whether the case fulfills the formal requirements of admissibility these include whether domestic remedies have been exhausted whether the complainant has shown to be personally or directly affected by the alleged violation and whether the complaint is sufficiently substantiate 'add if the committee finds that the case meets the admissibility standards it proceeds to a consideration of the merits of the case to establish whether in fact the state violated and may violate the complainants rights under the treaty in urgent situations the committee's may request through the state party to grant interim measures to prevent irreparable harm such requests are normally issued to prevent actions that cannot be undone like the execution of a death sentence or the deportation of an individual facing risk of torture generally states abide by the committee's requests for example in deportation cases when a committee requests interim measures states normally refrain from deporting the individual concerned until the case has been considered by the committee complaints are considered on the basis of the written information supplied by the complainant or his or her representative and the state party in closed meetings it has not been the practice to consider oral submissions from the parties involved nor do the committees seek independent verification for the information provided the committee's decision on individual complaints are included in the reports if a violation is found the state is requested to provide an effective remedy and respond to the committee within a set deadline the remedy recommended will depend on the violations found the state has a good faith obligation to implement the committee's findings and grant appropriate remedies committees submit requests for information on implementation of the decision and submissions received from the state are forwarded to the complainant or to his or her representative for comment a member of each committee called a Special Rapporteur regularly reports to it on the implementation of each decision and this is published in the committee's reports the reporter encourages the state to implement the decision through the issuance of specific requests regular written reminders for information consultations with representatives of the state and on occasion visits to the country concerned the committee's request information from states on follow up to decisions in individual complaints during the reporting process and often adopt concluding observations relating to the implementation of individual complaints the Human Rights Council also encourages States to implement the committee's decision through the Universal Periodic Review procedure although some states do not comply with the decisions of committees a significant number have granted a variety of remedies to complainants following the decisions many have provided compensation released complainants from prison reopened criminal cases stopped the deportation of individuals granted residence permits commuted death sentences and amended legislation and policies which were held to contravene the treaties Austria these views of committees as a very important national instrument for our national protection of human rights we our authorities fasted to take them into account for example we will continue to do that in the future and a number of very important legislation changes have been inspired by views of the committee's the committee's which deal with torture discrimination against women and the rights of persons with disabilities may conduct confidential inquiries if they receive reliable information alleging serious or systemic violations of the conventions in a state party such violations might include systematic torture disappearances or gender-based violence yeah trabajo Amana zapateria LDL kami hasta pareció era su da Descanso si dia Yoli la vest ropa por la sac al attendee Yomi Sen Tiana Lara mija duro Nez des Aparecida el nuevas a TM brain control uno cemento the International Convention for the protection of all persons from enforced disappearance and the optional protocol to the Covenant on economic social and cultural rights also provide for inquiries into reliable information suggesting disappearances or violations of economic social and cultural rights the committees with this competence may decide as long as the state party consents to send a delegation to visit the country concern the results of the inquiry including the committee's recommendations are submitted to the state party which is required to submit its observations to the committee usually within six months generally the state party agrees that the committee's inquiry report and its observations may be published the Subcommittee on prevention created by the optional protocol to the Convention Against Torture is mandated to visit places of detention in states parties as a measure to prevent torture States parties are also required to establish independent preventative mechanisms which also conduct regular visits to places of detention at the end of its visits the Subcommittee issues a press release outlining its findings and general recommendations a fuller report is submitted to the country concerned and this may be published if the state party agrees key message most treaty bodies can consider individual complaints some treaty bodies can decide to conduct in-country inquiries the treaty bodies recognize that the challenges States Parties face in meeting their multiple reporting obligations and the difficulties some right holders have in accessing and using the system and to address this and other issues they are continually seeking to improve and simplify our treaty bodies have individual working methods do we have a common mandate and that is to assess state party reports to assess the implementation of our respective treaties in in the state party that is the basic mandate that is the same for all of us but then we have specific working methods very specific rules of procedure we have specific treaty specific guidelines for reporting to each covenant and that working group provided the opportunity to see how differently things are done the underlying principle is one of equality but it's the what the committee tries to address is supporting equality through the elimination of racial discrimination there are other ways to support equality there are more perhaps positive methods something like if you like a politics of recognition but essentially we are dealing with trying to suppress certain manifestations and promoting positive relations between individuals and groups in society that's that's what it is that's and that's what our task is I can come in circle we have to start by believing this is possible no Kramer if we don't believe that all human beings are equal in dignity and rights none of these measures will ever be possible we have to believe you

Author Since: Mar 11, 2019

  1. Ana araf hakuk al naseem fi kul alum wo ai renquan i love human rights je me amor les droits de les hommes я лубу права человека yo me encsnto derechos humanos

  2. yet despite all this why is it that the UN totally ignores the criminal and heinous Genocide and eugenics crimes being carried out by the NKRI Islamist government of Indonesia.. in reality the UN appears like a dinosaur with nothing to do other than a total waste of money.. should be replaced by a real force for justice.. since as it is the UN looks like a joke.. see for yourself how the UN is a total joke.. see https://www.youtube.com/watch?v=r0OPdpd74xs

  3. w我工人权全世 I work for human rights around the world Je travail pour droits d l'homme en les monde Я работаю за права человека округ все света Yo trabajo para derechos humanos en el mundo اعمل في حموم النسم في علم

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