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

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

3. ”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”

4. Who sits in the Charter bodies?

5. General Assembly

6. 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

7. Security Council

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

9. OHCHR

10.
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

11. ICJ

12. 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