Professional Documents
Culture Documents
SYSTEM
GENERAL ASSEMBLY
Initiates studies or make
recommendations for the promotion and
protection of human rights
Issues Declarations which, though not
legally binding but have moral force being
an indicia of a global opinion
Provide logistical support to states
Receive reports from treaty monitoring
bodies and Economic and Social council
INTERNATIONAL COURTS
1. International Court of Justice original
world court established by the UN
Charter
2. International Criminal Court
established by a separate statute in 2002
Supervisory Mechanisms
under the United Nations
System
THEMATIC PROCEDURE
- CHR appoints Special
Rapporteurs, special
representatives, experts, working
groups and other envoys who
study particular HR violations
around the world
DUTIES OF SPECIAL
RAPPORTEURS et. al.,
Undertake fact finding missions
Report annually to the HR Council
Present reports or recommendations to
the HR Council
Reports are authoritative sources of
information
REPORTING PROCEDURES
STAGES OF REPORTING
PROCEDURES
1. The Submission of the States Report Each
state party to a UN HR instrument must
prepare its national report following the
respective guidelines and must submit it for
examination within a given timeframe;
2. List of Issues Prior to committee session, a
few members of the committee meet to identify
in advance the questions that will constitute
the principal focus of discussion with State
representatives during the constructive
dialogue;
(cont. of stages)
3. The Constructive Dialogue States
are encouraged to a present at the
meeting when their reports are
examined;
4. The Concluding Observation The
final phase of the examination of a
state report is the drafting and
adoption of the Committees
Concluding Obervation.
INTER-STATE COMPLAINT
PROCEDURES
Some HR instruments allow state parties to
initiate a procedure against another state party
that is considered not to be fulfilling its
obligations under rights instruments.
In most cases, such a complaint may only be
submitted if both the claimant and the defendant
states have recognized the competence of the
supervisory body to receive this type of
complaint
INDIVIDUAL COMPLAINTS
PROCDURES
This mechanism is included in some HR treaties
of their optional protocols and allows individuals
under the jurisdiction of the state to bring a
complaint to the supervisory body claiming that
their rights under the relevant treaty have been
violated
Determine whether the state has ratified the
treaty in question
Ascertain if supervisory body can receive
individual complaints and
Ascertain if state has attached a reservation to
the right in question
CONCERNS AND
SHORTCOMINGS RE: TREATY
BASED MECHNISM
Large backlog and delay in review of
country reports
Inconsistencies in the approach of
different committees
Heavy reporting requirements of states
No monetary compensation on the part of
member states in making the reports