The UN System and Human Right:The UN System and Human Right:Conventional mechanismsConventional mechanisms

Office of the High Commissioner for Human RightsOffice of the High Commissioner for Human Rights

OHCHROHCHR 22

I. International Human Rights I. International Human Rights Standards and their Development in Standards and their Development in the UN Systemthe UN System

The UN Charter The UN Charter International Bill of Human Rights International Bill of Human Rights

and other human rights treaties, and other human rights treaties, declarations and principlesdeclarations and principles

OHCHROHCHR 33

Human rights mechanismsHuman rights mechanisms

ConventionalConventional

Treaty-based Treaty-based system set up as a system set up as a result of legally result of legally binding human binding human rights treatiesrights treaties

Extra-ConventionalExtra-Conventional

Charter-based Charter-based bodies set up as a bodies set up as a result of resolutions result of resolutions and decisions of the and decisions of the UN system, e.g. UN system, e.g. Human Rights Human Rights CouncilCouncil

OHCHROHCHR 44

National Protection Systems

UN CharterUN Charter

UDHRUDHR

HRCHRC

ICCPRICCPR ICESCRICESCR

CERD CEDAWCEDAW

CATCATCRCCRC

CMWCMWOther Other International International InstrumentsInstruments Regional

Regimes

Human rights Human rights systemssystems

OHCHROHCHR 55

NEW INSTRUMENTS adopted NEW INSTRUMENTS adopted in 2006in 2006

International Convention on the Rights International Convention on the Rights and Dignity of Persons with Disabilities and Dignity of Persons with Disabilities (to enter into force next month)(to enter into force next month)

International Convention for the Protection of All Persons from Enforced Disappearances

OHCHROHCHR 66

« « Core » TreatiesCore » Treaties

« Hard law » international obligations of States« Hard law » international obligations of States

All set up independent Committees (treaty All set up independent Committees (treaty bodies)bodies)

Main function: Main function: to ensure implementation of to ensure implementation of treaties at national leveltreaties at national level

OHCHROHCHR 77

Treaty Monitoring Bodies Treaty Monitoring Bodies (committees):(committees): Committee on the Elimination of RacialCommittee 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 Committee on the Elimination of Discrimination against

Women (CEDAW)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)

OHCHROHCHR

Treaty Body Treaty Body membershipmembership

10 to 23 experts 10 to 23 experts

elected by secret ballot from a list of persons of elected by secret ballot from a list of persons of “high moral standing and competence in the field “high moral standing and competence in the field covered by the Convention” nominated by States covered by the Convention” nominated by States PartiesParties

Serve 4-year terms Serve 4-year terms

consideration given to equitable geographic consideration given to equitable geographic distribution and representation of different forms of distribution and representation of different forms of civilization and the principal legal systemscivilization and the principal legal systems

serve in their personal capacityserve in their personal capacity

OHCHROHCHR 99

MAIN TREATY BODY MAIN TREATY BODY FUNCTIONFUNCTION CONSIDERATION OF STATE PARTY CONSIDERATION OF STATE PARTY

REPORTSREPORTS Adoption of concluding Adoption of concluding

observations addressed to States observations addressed to States partiesparties

Interpretation of instruments Interpretation of instruments through adoption of general through adoption of general comments/recommendationscomments/recommendations

OHCHROHCHR 1010

Concluding observations

StateCivil Society

State reportsShadow reports

Treaty bodies

Supports reportingProcess

Programmessupport State

implementation

Provides its Own inputs

UNCT

OHCHROHCHR 1111

Value of treaty bodyValue of treaty body processprocess

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

OHCHROHCHR 1212

Other Opportunities – Beyond Other Opportunities – Beyond

ReportingReporting

Individual ComplaintsIndividual Complaints

Other procedures: Other procedures:

Enquiry procedures Enquiry procedures (CAT and CEDAW)(CAT and CEDAW)

Country visits (SPT)Country visits (SPT)

Urgent action Urgent action procedure (CERD)procedure (CERD)

OHCHROHCHR 1313

UN/OHCHR PrioritiesUN/OHCHR Priorities

I.I. Treaty Treaty RatificationRatification – Compliance with – Compliance with Original ObligationsOriginal Obligations

II.II. Compliance with Compliance with ReportingReporting Obligations Obligations Under Treaty (Content & Timeliness)Under Treaty (Content & Timeliness)

III.III. Response to Consideration of Report by Response to Consideration of Report by Treaty Bodies (Treaty Bodies (Follow-upFollow-up))

OHCHROHCHR 1414

For more information, For more information, contact:contact:

- Nathalie ProuvezNathalie Prouvez- nprouvez@ohchr.orgnprouvez@ohchr.org- Tel: 00 41 22 917 9309Tel: 00 41 22 917 9309- Fax: 00 41 22 917 9022Fax: 00 41 22 917 9022

Office of the UN High Office of the UN High Commissioner for Human Commissioner for Human RightsRights

Palais WilsonPalais Wilson