Monitoring Human Rights The United Nations Challenges & Prospects
18 important questions on Monitoring Human Rights The United Nations Challenges & Prospects
What are the challenges of the un human rights system?
Backlash, Practical problems (workload, resources)what
How does the un complaint system work?
• Complaints procedure
• Special procedures
o Special rapporteurs
o Representatives of the S-G
o individual experts
o working groups
How does the periodic review work?
• Information State
• Information UN entities
• Information other stakeholders (NGOs, NHRIs)
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Who can file a complain?
human rights
• Who can file a complaint?
• Any individual or group claiming to be the victim of the violations
• Any other person or group with direct and reliable information
What are the strenghts of the charter based supervision?
• Review of and complaints against all countries, no
relation with ratification of treaties
• Complaint to highest human rights body of the UN
• May lead to special procedures
What are the negatives of the chter based supervision?
• States protect each other – diplomacy or justice?
• Complaint procedure: confidentiality and no
information on status; no individual redress
Treaty-based supervision
Strengths/weaknesses
Positive:
• Reporting
• Regular debate with States on implementation
• Complaints
• Complaints to UN bodies
• Urgent measures possible
• Development of international human rights case
law
Human rights& globalization 2023
Treaty based supervidion weakness
• Reporting
• Burden of reporting/no reports
• No comprehensive follow-up
• Complaints
• Several years of procedure
• Views or opinions binding or not?
• Selection of members of treaty bodies
• Proliferation of treaty bodies?
Treaty Body Reform
Human Rights (Dublin process):
➢ Comprehensive reporting calendar
➢ Enhancing independence and impartiality of members,
strengthening election process
➢ Capacity building for States parties for reporting duties
➢ Ensuring consistency of treaty body jurisprudence in
individual communications
➢ Simplified focused reporting procedure
➢ Limitation of the length of documentation
What are the nine core treaties?
- Int. convention on the elimination of all forms of racial discrimination
- inter cnvevenant on civil and political rights with two protocols
- int. convenant on economic, social and cultural rights
- convention on all forms of discrimination on women, with protocol
- convention against torture with optional protocol
- convention on the right of the child with two protocols.
- int. convention protection of migrant workers
- convention on the rights of persons with disabilities with ptoyovl
- int. cinvention for the protection of all persons from enforced disappearance.
Hw does accepting a treaty work?
What treaty bdies do?
What kind of lists do the committes have
What kind of dialoge do the committees have
Whch treaties have individual complaints?
hr committee
cerd
cat
cedaw
crpd
What is the special raprteur?
What can the committes request in indivivual complaints?
Can states send a delegation?
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