INTERNATIONAL HUMAN RIGHTS MECHANISMS:
TREATY AND NON-TREATY MECHANISMS
International
and regional
Three
lectures
Today
Human
Rights
Council
HUMAN RIGHTS
COUNCIL
Replaced the
TheCreation
principal UN intergovernmental
Membership
Commission
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Human Rights
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Human Rights Council
2005): Create a Human Rights Council,
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Recognizing
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of
the
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or to criticize others.”
(Experts) 6 weeks (March/April)
Meetings
As needed (10-week min.)
Recognizing further that the promotion and protection of human rights should
Election
ECOSOC
General Assembly
be based on the principles of
cooperation and genuine dialogue
and aimed
at
(NGOs)
Special
Procedure
strengthening
the capacity
of Member
States to comply with
their
Re-election
limit Studies
2-term
limithuman
Resolutions No
Recommendations
rights obligations for the benefit of all human beings,
Election Method
Majority of ECOSOC
Election Campaign
None
Resolutions
Suspension
Working Groups
None
Majority of UNGA
Voluntary pledges and
Special Procedures
(Appointed
by Chair
Complaints
commitments
or UNSG)
By 2/3 of UNGA
HUMAN RIGHTS
COUNCIL
Palais des Nations, Geneva
HUMAN RIGHTS
COUNCIL
Mandate: Promote and protect the human
rights of people throughout the world
HUMAN RIGHTS
COUNCIL
Functions
Universal
All “mandates,
mechanisms,
periodic review
functions and responsibilities” of the
Commission transferred to Council
Complaints
procedure
Special
procedures
Expert advice
Forum for
dialogue
HUMAN RIGHTS
COUNCIL
Universal
Periodic Review
The most
important reform
Ban Ki-moon, UN Sec-Gen:
TheLouise
UPR isArbour,
”strong former
and meaningful.”
HCHR:
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It isUPR
capable
is a formidable
of sending response
a ”clear
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of the will
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and
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in
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regular
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intervals.”
rights and Itnorms
”has great
beyond
potential
anything
to
promote
ever attempted
and protectby
human
the CHR.”
rights in
the darkest corners of the world ”
HUMAN RIGHTS
COUNCIL
Universal
Periodic Review
The most
important reform
• A country assessment mechanism
• All UN Member States are subject to review, once every four years
• Based on interactive dialogue (not confrontation)
HUMAN RIGHTS
COUNCIL
Universal
Periodic Review
Information
considered
 Standards applied:
 UN Charter, UDHR, HR instruments, HR voluntary
pledges, international humanitarian law
 Information considered:
 from State under review
 from UN entities
 from others (NGOs, NHRIs)
HUMAN RIGHTS
COUNCIL
•
•
•
•
Universal
Periodic Review
Procedure
Review conducted by the UPR Working Group (HRC)
“Troika” of States acts prepares outcome report
UPR Working Group considers the report
Report is considered and adopted by HRC
– Not a “judgment”
• Outcome report “should be implemented”
HUMAN RIGHTS
COUNCIL
Universal
Periodic Review
Recommendations
The State can either
accept or reject
recommendations
•
•
•
•
Ratify human rights treaties
Remove reservations to human rights treaties
Review problematic policies or laws
Implement specific recommendations made by UN
Treaty Bodies or special procedures
HUMAN RIGHTS
COUNCIL
Commission
1947:
The «no power» doctrine
1967:
The «1235 procedure»
1970:
The «1503 procedure»
Complaints
procedures
Council
2006:
The Council shall maintain
a complaint procedure
Must address ”consistent patterns
Working Group on
of gross and reliably attested
Communications
violations
of all human rights and
all fundamental freedoms
Working
Group
occurring
in any part
of theon
world
Situations
and under any
circumstances”
Human Rights Council in
plenary
session
Confidential
procedure
HUMAN RIGHTS
COUNCIL
Special
procedures
Thematic
mandates
Special
rapporteur
Communications
Country-specific
mandates
Independent
experts
Country visits
Reports
Working group
Public
statements