INTERNATIONAL HUMAN RIGHTS MECHANISMS: TREATY AND NON-TREATY MECHANISMS International and regional Three lectures Today

What are the non-treaty mechanisms? General Assembly ”Mainstreaming” of human rights Security Council Human Rights Council Sec-Gen ICJ OHCHR

”Mainstreaming” of human rights The human rights dimension must be considered in all UN activities «the issue of human rights has been designated as cutting across each of the four substantive fields of the Secretariat’s work programme” “a major task for the United Nations, therefore, is to enhance its human rights programme and fully integrate it into the broad range of the Organization’s activities”

Who sits in the Charter bodies?

General Assembly

Determined … to reaffirm faith in fundamental human rights Human rights in the UN Charter General Assembly «May discuss any questions or any matters within the scope of the present Charter» Article 10 «shall … make recommendations for the purpose of … (b) … assisting in the realization of human rights and fundamental freedoms for all» Article 13 Preamble Determined … to reaffirm faith in fundamental human rights The United Nations shall promote … universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion. The purposes of the United Nations are … To achieve international co-operation in … promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion; Third Committee Anything goes… Adopt HR treaty texts before being opened to State accession Art. 1 Adopt non-binding declarations Arts. 55 and 56 All Members pledge themselves to take joint and separate action in co-operation with the Organization for the achievement of the purposes set forth in Article 55. Country-specific or thematic resolutions Hugo Chavez, President of Venezuela calls U.S. President George W. Bush ‘the devil’ (20 Sept 2006) Review reports

Security Council

What role have human rights played in the SC? Security Council 1945-1989 Dormant period 1989-1995 Awakening period Grave human rights violations emerged as an independent and sufficient justification to act 1995-1998 Active period Human rights functions and responsibilities included in mandates of peace operations 1998-today Assertive period

OHCHR

http://www.ohchr.org/EN/Pages/WelcomePage.aspx Independent mandate to promote human rights Oversees the «mainstreaming» of human rights in UN Secretariat to Human Rights Council OHCHR Provides assistance to Member States

ICJ

May deal with any legal dispute between States Rights of individuals Not a human rights court Rights of States Traditional exception: Diplomatic protection Diallo case (2010) ICJ