The UN System and Human Right: Conventional mechanisms Office of the High Commissioner for Human Rights.

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Presentation transcript:

The UN System and Human Right: Conventional mechanisms Office of the High Commissioner for Human Rights

OHCHR2 I. International Human Rights Standards and their Development in the UN System The UN Charter The UN Charter International Bill of Human Rights and other human rights treaties, declarations and principles International Bill of Human Rights and other human rights treaties, declarations and principles

OHCHR3 Human rights mechanisms Conventional Treaty-based system set up as a result of legally binding human rights treaties Treaty-based system set up as a result of legally binding human rights treatiesExtra-Conventional Charter-based bodies set up as a result of resolutions and decisions of the UN system, e.g. Human Rights Council Charter-based bodies set up as a result of resolutions and decisions of the UN system, e.g. Human Rights Council

OHCHR4 National Protection Systems UN Charter UDHRHRC ICCPRICESCR CERDCEDAW CATCRC CMW Other International Instruments Regional Regimes Human rights systems

OHCHR5 NEW INSTRUMENTS adopted in 2006 International Convention on the Rights and Dignity of Persons with Disabilities (to enter into force next month) International Convention on the Rights and Dignity of Persons with Disabilities (to enter into force next month) International Convention for the Protection of All Persons from Enforced Disappearances

OHCHR6 « Core » Treaties « Hard law » international obligations of States « Hard law » international obligations of States All set up independent Committees (treaty bodies) All set up independent Committees (treaty bodies) Main function: to ensure implementation of treaties at national level Main function: to ensure implementation of treaties at national level

OHCHR7 Treaty Monitoring Bodies (committees): Committee on the Elimination of Racial Committee on the Elimination of Racial Discrimination (CERD) Discrimination (CERD) Human Rights Committee (ICCPR Committee) Human Rights Committee (ICCPR Committee) Committee on Economic, Social Committee on Economic, Social and Cultural Rights (CESCR) and Cultural Rights (CESCR) Committee against Torture (CAT) Committee against Torture (CAT) Sub-Committee on Prevention of Torture (SPT) Sub-Committee on Prevention of Torture (SPT) Committee on the Elimination of Discrimination against Women (CEDAW) Committee on the Elimination of Discrimination against Women (CEDAW) Committee on the Rights of the Child (CRC) Committee on the Rights of the Child (CRC) Committee On Migrant Workers (CMW) Committee On Migrant Workers (CMW)

Treaty Body membership Treaty Body membership  10 to 23 experts  elected by secret ballot from a list of persons of “high moral standing and competence in the field covered by the Convention” nominated by States Parties  Serve 4-year terms  consideration given to equitable geographic distribution and representation of different forms of civilization and the principal legal systems  serve in their personal capacity

OHCHR9 MAIN TREATY BODY FUNCTION CONSIDERATION OF STATE PARTY REPORTS CONSIDERATION OF STATE PARTY REPORTS Adoption of concluding observations addressed to States parties Adoption of concluding observations addressed to States parties Interpretation of instruments through adoption of general comments/recommendations Interpretation of instruments through adoption of general comments/recommendations

OHCHR10 Concluding observations State Civil Society State reports Shadow reports Treaty bodies UNCT Provides its Own inputs Programmes support State implementation Supports reporting Process

OHCHR11 Value of treaty body process Opportunity to advance national dialogue on human rights issues Reporting process has inherent value Outcome of process to be used as basis for national programme Importance of follow-up to TB recommendations

OHCHR12 Other Opportunities – Beyond Reporting Individual Complaints Other procedures: Enquiry procedures (CAT and CEDAW) Country visits (SPT) Urgent action procedure (CERD)

OHCHR13 UN/OHCHR Priorities I. Treaty Ratification – Compliance with Original Obligations II. Compliance with Reporting Obligations Under Treaty (Content & Timeliness) III. Response to Consideration of Report by Treaty Bodies (Follow-up)

OHCHR14 For more information, contact: - Nathalie Prouvez - - Tel: Fax: Office of the UN High Commissioner for Human Rights Office of the UN High Commissioner for Human Rights Palais Wilson Palais Wilson