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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
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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
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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
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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
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« « 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
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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
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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
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Concluding observations
StateCivil Society
State reportsShadow reports
Treaty bodies
Supports reportingProcess
Programmessupport State
implementation
Provides its Own inputs
UNCT
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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
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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)
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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))
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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
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