Functions of the Treaty Bodies OHCHR Treaty Body Capacity Building Programme

Six KEY Functions Treaty Bodies monitor State parties’ compliance with their treaty obligations through: 1 Reporting procedure (including follow-up procedure) 2 Individual complaints 3 Country visits 4 Inquiries Treaty Bodies interpret the treaties and prevent human rights violations through: 5 General comments/ Days of discussion 6 Urgent action/ Early warning

Reporting procedure What does this function entail? - States submit periodically reports as to how they apply the treaty provisions nationally - The TBs issue recommendations to encourage further implementation - Guidelines by each TB assist States in preparing their reports Which Treaty Bodies exercise it? All but the SPT (which undertakes country visits) Who is involved? SPs, NHRIs, CSOs, UN agencies, etc.

Individual complaints What does this function entail? The consideration of complaints by individuals who believe their rights have been violated. General conditions to be met: State must be a party to the treaty in question State must have agreed to be bound by the individual complaints procedure Exhaustion of all the legal remedies at the national level *More specific conditions, known as admissibility criteria, apply depending on the treaty in question

Individual complaints (cont.) Which Treaty Bodies exercise it? HRCttee (OP-ICCPR) CESCR (OP-ICESCR) CERD (art. 14) CEDAW (OP-CEDAW) CAT (art. 22) CRC (OPIC-CRC) CMW (art. 77) (not yet in force) CRPD (OP-CRPD) ICPPED (art. 31) Who is involved? Individuals or group of individuals, CSOs and/or lawyers representing victims *States Parties need to recognize the competence of the TB.

Summary of Procedure (cont.) INDIVIDUAL COMMUNICATIONS CONSIDERATION OF ADMISSIBILITY ADMISSIBLE INADMISSIBLE END OF CASE CONSIDERATION OF THE MERITS NO VIOLATION VIOLATION SP MUST OFFER EFFECTIVE REMEDY AND INFORM COMMITTEE OF STEPS TAKEN FOLLOW UP UNTIL SATISFACTORY RESOLUTION

Country visits What does this function entail? - Visits to detention centres and other places of deprivation of liberty under the jurisdiction of SPs to the OPCAT  unrestricted access - Advisory visits concerning NPMs - Aim: assist and advise SPs in prevent and combat torture and improving/establishing NPM - Confidential Which Treaty Bodies exercise it? - The Sub-Committee on Prevention of Torture (SPT) - Legal basis: Optional Protocol to CAT Who is involved? SPs, NPMs, NHRIs, CSOs, UNCT

Inquiries What does this function entail? A confidential investigation of grave or systematic violations by a State party of the rights contained in the relevant human rights treaty Reliable information is received by a Treaty Body State party concerned invited to cooperate in the process

Which Treaty Bodies exercise it? Inquiries (cont.) Which Treaty Bodies exercise it? CAT (art. 20) CEDAW (art. 8, OP) CRPD (article 6, OP) CESCR (art. 11, OP) CRC (art. 13, OPIII) ICPPED (art. 33) Who is involved? Usually CSOs *SPs needs to recognize the competence of the TB, except for ICPPED

Urgent action/ Early warning What does this function entail? CERD: Decisions, statements and recommendations to SP, GA, and SC through the SG, for action to prevent serious violations of the Convention, in particular those that could lead to ethnic conflict, violence and even genocide CED: ensure that the State party take, as a matter of urgency, all necessary measures to seek and find a disappeared person Which Treaty Bodies exercise it? - CERD, CED (urgent action only) Legal basis: developed by CERD on basis of GA resolution 47/120 (an Agenda for Peace: Early Warning mechanisms) CED art. 30 Who is involved? - CSOs, NHRI, UNCT, UN and SP

General Comments/Recommendations What does this function entail? The interpretation of an international human rights treaty Aim: assist SPs in implementing treaty obligations and the development of international human rights law The outcome of a day of discussion usually leads to draft a GC/GR Which Treaty Bodies exercise it? All Who is involved? SPs, CSOs, NHRIs, UN agencies, etc.