The UN and Human Rights.

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Presentation transcript:

The UN and Human Rights

UN Treaty Bodies Human Rights Committee Committee on the Elimination of Racial Discrimination Committee on the Elimination of Discrimination Against Women Committee on Economic, Social and Cultural Rights Committee on the Rights of the Child

UN Treaty Bodies Committee Against Torture 7. Committee on the Rights of Persons with Disabilities 8. Committee on Migrant Workers 9. Committee on Enforced Disappearances

Functions of the Treaty Bodies Review state reports, issue Concluding Observations. Write General Comments. Receive individual complaints of human rights violations. Interim measures In the case of CAT and CEDAW, may conduct an inquiry procedure In any state party that has accepted this possibility.

Not legally binding The force of a recommendation: “The Committee shall forward its views to the State Party concerned and to the individual.” (Article 5, Optional Protocol)

CHARTER BASED Human Rights Council The main United Nations diplomatic forum for dialogue and cooperation on human rights

Universal Periodic Review Reviews are based on: The State’s report; Reports of the Special Procedures, treaty bodies, and other UN entities; Info from NGOs and national human rights institutions

Special Procedures http://www. ohchr. org/EN/HRBodies/SP/Pages/Themes Appeals (for urgent situations), Fact-finding for country or annual reports, Press releases, Technical advice, and Elaboration of human rights standards.

Human Rights Council Complaint Procedure For complaints by individuals, groups and NGOs on “patterns of gross and reliably attested violations of all human rights” Little possibility for individual remedies, confidential (complaints addressed in closed sessions), political

ETOs “while the jurisdiction of States is primarily territorial, it may sometimes be exercised outside the national territory” jurisdiction [is] a notion linked to authority and effective control, and not merely to territorial boundaries.

ETOS UN treaty bodies have addressed extraterritorial issues twenty six times in their concluding observations in the last seven years, in relation to a wide range of topics, actors and rights, demonstrating the applicability of ETOs in many situations.

impact of the exploitation of natural resources in third countries; the role of multinational corporations in large-scale development projects and forced land evictions; the potential of State regulations in importing/exporting countries to address child labour

such as outlining the requirement to undertake impact assessment prior to the conclusion of trade agreements. However, most of the extraterritorial cases that UN bodies have had to review concern the obligation to protect