The United Nations Human Rights Treaty System

7/30/2019 The United Nations Human Rights Treaty System

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The United NationsHuman Rights Treaty System

Fact Sheet No.

Rev.1


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The United NationsHuman Rights Treaty System

Fact Sheet No. 30/Rev.1

UNITED NATIONSNew York and Geneva, 2012


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NOTE

The designations employed and the presentation o the material in this pub-

lication do not imply the expression o any opinion whatsoever on the parto the Secretariat o the United Nations concerning the legal status o anycountry, territory, city or area, or o its authorities, or concerning the delimita-tion o its rontiers or boundaries.

*

* *

Symbols o United Nations documents are composed o capital letters com-

bined with gures. Mention o such a gure indicates a reerence to a UnitedNations document.


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CONTENTS

Page

INTRODUCTION ......................................................................1

Chapters

I. DEVELOPING HUMAN RIGHTS STANDARDS: THE TREATIESAND THEIR OPTIONAL PROTOCOLS .....................................3

A. Universal Declaration o Human Rights (1948) ..................3

B. International Convention on the Elimination o All Forms oRacial Discrimination (1965) ..........................................5

C. International Bill o Human Rights ....................................6

D. Convention on the Elimination o All Formso Discrimination against Women (1979) .........................9

E. Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment (1984) .................10

F. Convention on the Rights o the Child (1989) ..................12

G. International Convention on the Protection o the Rightso All Migrant Workers and Members o their Families(1990) ....................................................................14

H. Convention on the Rights o Persons with Disabilities(2006) ....................................................................15

I. International Convention or the Protection oAll Persons rom Enorced Disappearance (2006) ............16

J. Reading the treaties as a whole ....................................18

II. IMPLEMENTATION OF HUMAN RIGHTS STANDARDS:THE TREATY BODIES .........................................................19

A. What are the human rights treaty bodies? ......................19

B. What do the human rights treaty bodies do? ...................21

C. Consideration o State parties reports ...........................21

D. Consideration o complaints rom individuals ...................30


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E. Inquiries ...................................................................32

F. Urgent action and urgent appeals to the GeneralAssembly under the International Convention or theProtection o All Persons rom Enorced Disappearance .....33

G. Early warning and urgent action by the Committee on theElimination o All Forms o Racial Discrimination ...............34

H. Optional Protocol to the Convention against Torture andthe Subcommittee on Prevention o Torture.......................34

I. Inter-State communications ...........................................35

J. General comments .....................................................36

K. Days o general discussion/thematic debates ..................37

L. Meetings o State parties and meetings with Stateparties .....................................................................37

M. Coordination among the treaty bodies ...........................37

III. DEVELOPMENT OF THE UNITED NATIONS HUMAN RIGHTS

TREATY SYSTEM ...............................................................40

A. The expansion o the human rights treaty system and theneed or strengthening it ..............................................40

B. The role and interaction o civil society and nationalhuman rights institutions with the treaty body system ..........43

C. The contribution o the universal periodic review to thework o the treaty bodies .............................................44

D. The contribution o the special procedures to the work othe treaty bodies ........................................................44

E. More inormation about the United Nations human rightstreaty system .............................................................45

Annexes

II. Glossary o technical terms related to the treaty bodies .............47

II. How a State becomes a party to a treaty ..............................58


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INTRODUCTION

This Fact Sheet provides a general introduction to the core international

human rights treaties and the committees, or treaty bodies, that monitortheir implementation by State parties.1 The nine core international humanrights treaties covered in this Fact Sheet set international standards or theprotection and promotion o human rights to which States can subscribe bybecoming a party. These treaties are:

TheInternationalConventionontheEliminationofAllFormsofRacialDiscrimination;

TheInternationalCovenantonEconomic,SocialandCulturalRights;

TheInternationalCovenantonCivilandPoliticalRights;

The Convention on the Elimination of All Forms of Discriminationagainst Women;

The Convention against Torture and Other Cruel, Inhuman orDegrading Treatment or Punishment;

TheConventionontheRightsoftheChild;

The International Convention on the Protection of the Rights of All

Migrant Workers and Members o their Families; TheConventionontheRightsofPersonswithDisabilities;

The International Convention for the Protection of All Persons fromEnorced Disappearance.

Each State party has an obligation to take steps to ensure that everyonein the State can enjoy the rights set out in the treaty. The treaty body helpsthem to do this by monitoring implementation and recommending urther

action. Although each treaty is a separate legal instrument, which Statesmay or may not choose to accept, and each treaty body is a commit-tee o experts independent rom the others, this Fact Sheet presents themas the United Nations human rights treaty system. The extent to whichthe treaties and the treaty bodies can unction together as a system de-pends on two actors: rst, States need to accept all the core internation-al human rights treaties systematically and put their provisions into opera-tion (universal and eective ratication); and, second, the treaty bodies

1 It has become accepted to describe the committees established under the treaties as the humanrights treaty bodies, even though the provisions o each treaty reer exclusively to its com-mittee. It should be noted that the Committee on Economic, Social and Cultural Rights is nottechnically a treaty body, since it was not established directly under the terms o the Covenantbut was created by Economic and Social Council resolution 1985/17.


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need to coordinate their activities so as to present a consistent and sys-tematic approach to monitoring the implementation o human rights at thenational level.

The Oce o the United Nations High Commissioner or Human Rights(OHCHR) has published specic act sheets on most o the internationaltreaties and treaty bodies reerred to here. Those interested in a particulartreaty or treaty body should reer to them (see list at the end). The presentFact Sheet takes a more general approach: surveying all the treaties andtreaty bodies to see to what extent they can, and do, unction together asa single, holistic and integrated system or the promotion and protectiono human rights.

Chapter I presents the nine core international human rights treaties currentlyin orce and their optional protocols. These treaties are the product o morethan hal a century o continuous elaboration since the adoption o the Uni-versal Declaration o Human Rights by the United Nations General Assemblyin 1948.

Chapter II presents the work o the ten2 human rights treaty bodies estab-lished under the terms o these treaties. These treaty bodies monitor theimplementation o the rights set out in the treaties by the States that have ac-

cepted them. The treaty body system constitutes a key mechanism throughwhich States are obliged to engage, at an international orum, in a rigor-ous, but constructive, dialogue on the state o human rights implementationin their countries. All o the treaty bodies are considered together, concen-trating on the common elements o their mandates and working methods,but also outlining some major dierences. Further details on their practicaldierences can be ound in the specic act sheets.

Chapter III surveys the challenges acing the human rights treaty sys-tem. It considers eorts to make the system more eective, in particular

by streamlining the reporting procedure. The implications or the treatysystem o the new emphasis on the creation o and support to national pro-tection systems are also discussed.

A glossary o technical terms is also provided to assist readers with the termi-nology used in relation to the treaties and the treaty bodies.

The Universal Declaration o Human Rights makes it clear that all human rightsare indivisible and interrelated, and equal importance should be attached to

each and every right. All States are committed to promoting respect or the

2 One or each o the nine treaties plus the Subcommittee on Prevention o Torture, establishedby the Optional Protocol to the Convention against Torture.


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rights and reedoms set out in the Declaration and to taking measures, bothnationally and internationally, to secure their universal and eective recogni-tion and observance. The nine international human rights treaties constitute a

comprehensive legal ramework within which States can, with the support othe treaty bodies, meet that commitment.

I. DEVELOPING HUMAN RIGHTS STANDARDS:THE TREATIES AND THEIR OPTIONALPROTOCOLS

In the early twentieth century, the protection o human rights became anissue o concern to the international community. Under the League o Na-tions, established at the end o the First World War, attempts were made todevelop an international legal ramework, along with international monitor-ing mechanisms, to protect minorities. The horrors perpetrated during theSecond World War motivated the international community to ensure thatsuch atrocities would never be repeated and provided the impetus or themodern movement to establish an international system o binding humanrights protection.

A. Universal Declaration o Human Rights (1948)

The Charter o the United Nations o 1945 proclaims that one o thepurposes o the United Nations is to promote and encourage respect orhuman rights and undamental reedoms or all. With the energetic sup-port o Eleanor Roosevelt, alongside gures such as Ren Cassin, CharlesMalik, Peng Chun Chang and John Humphrey, States sought to set outin a single document, or the rst time, the range o undamental rightsand reedoms that belonged to all by virtue o their status as human be-

ings. These eorts resulted in the

Universal Declaration o HumanRights, adopted by the GeneralAssembly on 10 December 1948,henceorth Human Rights Day. Thisdocument, expressed as a com-mon standard o achievement orall peoples and all nations, setsout a wide span o rights cover-ing all aspects o lie. Its article

1 amously describes the idea oundamental human rights: Allhuman beings are born ree andequal in dignity and rights.

The Declaration as customaryinternational law?

It is widely accepted that some o theDeclarations provisions are now ruleso customary international law. Exam-ples include the bans on torture and onracial discrimination. These are normswhich, through the practice o States,have come to be seen as legally bind-ing rules, well beore their incorpora-tion in specic treaties. Indeed, somecommentators argue that the entireDeclaration possesses this status.


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Te

Unte

Natons

um

anrg

tstreatysys

tem

InternationalConv

entionon

theEliminationofA

llFormsof

RacialD

iscrimination(1965)

InternationalCovenant

onEconomic,Socialand

CulturalRights(1966)

InternationalC

ovenant

onCivila

ndPolitical

Rights(1966)

CommitteeontheE

limination

ofRacialDiscrim

ination

CommitteeonEconomic,

Sociala

ndCulturalRights

Committeeonthe

Eliminationof

Discriminationagainst

Women

Com

mitteeagainst

Torture

Committeeonthe

RightsoftheChild

CommitteeontheProtection

oftheRig

htsofAllMigrant

Workers

andMembersof

The

irFamilies

CommitteeontheRights

ofPersonswith

Disabilities

CommitteeonEnforced

Disappearances

Subcommittee

onPrevention

ofTorture

ConventionontheRights

ofPersonswith

Disabilities(2006)

Conventiononthe

RightsoftheChild

(1989)

Optional

Protocol

(1999)

Optional

Protocol

(2008)

Optional

Protocol

(1966)

Optional

Protocol

(1989)

Optional

Protocol

(2002)

Optional

Protocol

(2011)

Optional

Protocol

(2000)

Optional

Protocol

(2006)

Conventionagainst

Torture

andOtherCruel,

InhumanorDegrading

T

reatmentor

Punishment(1

984)

Conventiononthe

EliminationofAllFormsof

Discriminationagainst

Women(1979)

Internatio

nalConventionon

theProtec

tionoftheRightsof

AllMigrantW

orkersand

MembersoftheirFamilies

(1990)

InternationalConvention

fortheProtectionofAll

PersonsfromEnforced

Disappearance(2006)

Human

Rights

Comm

ittee

Optional

Protocol

(2000)


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Ater setting out a general prohibition o discrimination, the Declarationenumerates specic groups o rights: civil, cultural, economic, political andsocial. Articles 3 to 21 describe classic civil and political rights (including

the right to asylum and the right to property). Articles 22 to 28 guaranteea range o economic, social and cultural rights, with the important recog-nition in article 28 that: Everyonehas the right to a social and interna-tional order in which the rights andreedoms set orth in this Declara-tion can be ully realized.

While the Declaration is, as its

name suggests, not a directly le-gally binding treaty, its importanceshould not be underestimated. It iso high moral orce, representingas it does the rst internationallyagreed denition o the rights oall people, adopted in the shadowo a period o massive violationso the rights it describes. The Dec-

laration also laid the groundworkor the treaty structure that emergedin the ollowing decades. More-over, by comprehensively draw-ing together the dierent types orights, the Declaration emphasizesthe commonality, interrelatednessand interdependence o all rights,

a undamental point rearmedmany years later in the 1993Vienna Declaration o the WorldConerence on Human Rights.

B. International Convention on the Elimination o All Formso Racial Discrimination (1965)

When the Universal Declaration o Human Rights was adopted, broad

agreement already existed that the rights it contained should be translatedinto legal orm as treaties, which would directly bind those States that agreedto their terms. This led to extended negotiations in the Commission on HumanRights, a political body composed o State representatives, which until 2006

Non-discrimination in theenjoyment o human rights

All the core human rights treaties refectthe general principle o the UniversalDeclaration o Human Rights that therights they set out should be enjoyedwithout distinction o any kind. Article2 o the Declaration sets out a non-exhaustive list o prohibited grounds ordiscrimination:

Raceorcolour;

Sex;

Language;

Religion;

Politicalorotheropinion;

Nationalorsocialorigin;

Property,birthorotherstatus.

The same list is included in article 2o both Covenants. Subsequent treatieshave expanded the list urther. Threeare specically aimed at eliminatingcertain orms o discrimination: racial

discrimination, discrimination againstwomen and discrimination against per-sons with disabilities.


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met annually in Geneva to discuss a wide variety o human rights issues.3Given the political imperatives o the day arising rom the apartheid regimein South Arica, the rst treaty to be agreed, the International Convention on

the Elimination o All Forms o Racial Discrimination, dealt with the specicphenomenon o racial discrimination. It was adopted by the General As-sembly in December 1965.

Ater dening racial discrimination, the Convention sets out in six detailedarticles the obligations o State parties to combat this scourge. As well as theobvious requirements that the State itsel, at all levels, must rerain rom such

acts, the Convention also requires aState to take appropriate measuresagainst racial discrimination rooted

in society, including the propaga-tion o racist ideas advocated bygroups and organizations. TheConvention also sets out an ex-tensive series o specic humanrightsin the civil and political andin the economic, social and culturalspheres, most o which are enumer-ated in the Declarationthat must

be guaranteed without distinctionon racial grounds. Finally, the Convention establishes as a basic right aneective remedy, whether through the courts or other institutions, against actso racial discrimination.

The Convention, in part II, requires all State parties to report periodically tothe Committee on the Elimination o Racial Discrimination on the measuresthey have taken to give eect to the Convention. Under article 14, Statesmay also choose to recognize the Committees competence to consider com-

plaints rom individuals, while a system o inter-State complaints is set out inarticles 11, 12 and 13.

C. International Bill o Human Rights

As the International Convention on the Elimination o All Forms o RacialDiscrimination was being agreed, negotiations were continuing on twoother major treaties: the International Covenant on Economic, Social andCultural Rights and the International Covenant on Civil and Political Rights.The process o drating a legally binding instrument enshrining the rights othe Universal Declaration o Human Rights had started immediately ater

3 The Commission has since been replaced by the Human Rights Council, which meets threetimes a year (General Assembly resolution 60/251).

What is racial discrimination?

Any distinction, exclusion, restrictionor preerence based on race, colour,descent, or national or ethnic originwhich has the purpose or eect o nul-liying or impairing the recognition, en-joyment or exercise, on an equal oot-ing, o human rights and undamentalreedoms in the political, economic, so-cial, cultural or any other eld o publiclie (art. 1).


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the Declarations adoption in 1948. Initially, a single covenant encompass-ing all human rights was envisaged. However, ater long discussion, theGeneral Assembly requested the Commission on Human Rights to draw up

two separate covenants, speciying that the two instruments should containas many similar provisions as possible to emphasize the unity o the aimin view.4 The two Covenants were ultimately adopted by the General As-sembly in December 1966 and entered into orce in 1976. Together withthe Universal Declaration, the Covenants are reerred to as the InternationalBill o Human Rights.

The two Covenants have a similar structure and some o their articles adoptthe same, or very similar, wording. The preambles to both recognize the in-terdependence o all human rights, stating that the human rights ideal can be

achieved only i conditions are created whereby everyone may enjoy theireconomic, social, cultural, civil and political rights. Part I o both Covenants,on the right o all peoples to sel-determination and to reely dispose o theirnatural wealth and resources, is identical. In both, part II sets out generalprovisions prohibiting discrimination and asserting the equal rights o menand women with regard to the enjoyment o the rights set orth in eachCovenant, as well as the permissible limitations on such enjoyment. Part IIIo each Covenant contains the substantive provisions, which elaborate onrights contained in the Universal Declaration o Human Rights.

1. International Covenanton Economic, Social andCultural Rights (1966)

The International Covenant on Eco-nomic, Social and Cultural Rightsdevelops the corresponding rightsin the Universal Declaration in

considerable detail, speciying thesteps required or their ull realiza-tion. For example, on the right toeducation, it mirrors the languageo the Universal Declaration o Hu-man Rights, but devotes articles 13and 14 to its dierent dimensions,speciying the obligation to securecompulsory primary education ree

o charge and to take steps towardsachieving ree secondary and

4 Resolution 543 (VI), para. 1.

Key economic, social andcultural rights:

Righttonon-discrimination

Righttowork

Justandfavourableconditionsofwork

Tradeunionrights Righttosocialsecurity

Protectionofthefamily

Righttoanadequatestandardofliving

Righttohealth

Righttoeducation

Righttoparticipateinculturallife


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higher education. The right to health, which the Declaration covers as parto an adequate standard o living, has a separate article in the Covenant:article 12 recognizes the right to the highest attainable standard o physical

and mental health, and includes specic health-related issues such as envi-ronmental hygiene and epidemic and occupational diseases. Article 6 onthe right to work is complemented by article 7, elaborating the right to justand avourable conditions o work, providing or health and saety at work,equal opportunities or promotion and remuneration or public holidays.

One notable dierence between the two Covenants is the principle o pro-gressive realization in part II o the International Covenant on Economic,Social and Cultural Rights. Its article 2 (1) species that a State party un-dertakes to take steps, [] to the maximum o its available resources, with

a view to achieving progressively the ull realization o the rights recognizedin [the Covenant]. The principle o progressive realization acknowledgesthe nancial constraints State parties may ace. However, it also imposesan immediate obligation to take deliberate, concrete and targeted stepstowards the ull realization o the rights o the Covenant. The Covenant alsorecognizes the wider role o the international community (arts. 2 (1), 11 (2),15 (4), 22 and 23), building on the principles in articles 22 and 28 o theUniversal Declaration o Human Rights.

Part IV requires all State parties to report periodically to the Economic andSocial Council. In 1985, the Council created the Committee on Economic,Social and Cultural Rights to receive reports rom State parties on the mea-sures they have taken to give eect to the Covenant and the progress theyhave made.5

Its Optional Protocol, o 2008, enables State parties to accept additionalprocedures. It establishes a ully fedged complaint procedure, including in-dividual petitions, inquiries and inter-State complaints.

2. International Covenant on Civil andPolitical Rights (1966)

The International Covenant on Civil and Political Rights, like the InternationalCovenant on Economic, Social and Cultural Rights, elaborates the civil andpolitical rights set out in the Declaration, with the exception o the right toproperty and the right to asylum (which was covered separately in the 1951Convention relating to the Status o Reugees). It also includes additionalrights, such as the rights o detainees (art. 10) and the protection o minori-

ties (art. 27).

5 Resolution 1985/17.


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In addition to articles 2 (1) and 3 on non-discrimination (which are mirroredin arts. 2 (2) and 3 o the International Covenant on Economic, Social andCultural Rights), article 26 ensures equality beore the law and non-discrimi-

natory protection o the law generally in orce in a State. In addition, like theInternational Convention on the Elimination o All Forms o Racial Discrimina-tion, article 2 provides or the right to an eective remedy or violations oCovenant rights, including an independent and impartial orum beore whichallegations o such violations can be brought. The Covenant then covers thekey civil and political rights and reedoms. Its article 25 guarantees the rightreely to take part in public aairs, particularly through air and periodicelections.

The Covenant, in part IV, requires all State parties to report periodically tothe Human Rights Committee.

Two Optional Protocols supplement the Covenant and allow State parties toaccept additional obligations. The rst Optional Protocol, o 1966, providesor a right to individual petition; the second, o 1989, promotes the abolitiono the death penalty.

D. Convention on the Elimination o All Formso Discrimination against Women (1979)

In 1979, the international community adopted a new treaty to address dis-crimination against women on the basis o sex. Sex discrimination, like ra-cial discrimination, is proscribed under the two Covenants in general terms.However, the Convention on the Elimination o All Forms o Discriminationagainst Women sets out in more detail what is meant by sex discriminationrom the perspective o equality between women and men. It addresses arange o programmatic and policy aspects.

The Conventions ormat was mod-elled on that o the InternationalConvention on the Elimination oAll Forms o Racial Discrimination,but contained a number o innova-tions, refecting developments in the15 years since the latter had beenadopted. The Convention on theElimination o All Forms o Discrimi-

nation against Women, too, beginsby dening discrimination on the ba-sis o sex. The initial articles obligeState parties both to rerain rom

What is discrimination againstwomen?

Any distinction, exclusion or restrictionmade on the basis o sex which has theeect or purpose o impairing or nulliy-ing the recognition, enjoyment or ex-ercise by women, irrespective o theirmarital status, on a basis o equality omen and women, o human rights and

undamental reedoms in the political,economic, social, cultural, civil or anyother eld (art. 1).


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sex-based discrimination in their own dealings and to take measures towardsachieving actual as well as legal equality in all spheres o lie, includingby breaking down discriminatory attitudes, customs and practices in society.

Article 6 explicitly requires them to suppress all orms o tracking in womenand exploitation o prostitution, even though these phenomena may implicitlyall within the prohibition o slavery and orced labour covered by otherinstruments. Articles 7 and 8 detail obligations to ensure equal participationo women and men in public and political lie. Articles 9 and 10 expandon equality in relation to nationality and education, while articles 11, 12and 13 elaborate on womens rights to employment, health and other ar-eas o economic and social lie. Applying general principles to a particularsituation, article 14 is the only provision in human rights treaties to address

the particular problems aced by women in rural areas. Articles 15 and 16expand on the right to equality beore the law and in marriage and amilyrelations.

The Convention, in part V, requires all State parties to report periodically tothe Committee on the Elimination o Discrimination against Women on themeasures they have taken to give eect to the Convention.

Its Optional Protocol enables State parties to accept individual petitions andinquiry procedures.

E. Convention against Torture and Other Cruel, Inhumanor Degrading Treatment or Punishment (1984)

In 1984, another treaty was adopt-ed to deal with torture and otherill-treatment. Article 7 o the Interna-tional Covenant on Civil and Politi-cal Rights already banned torture

and cruel, inhuman or degradingtreatment or punishment, but theConvention goes much urther anddevelops a legal scheme aimed atboth preventing and punishing thesepractices. Ater dening torture, theConvention against Torture andOther Cruel, Inhuman or Degrad-ing Treatment or Punishment makes

clear that no circumstances o anykind, including orders rom a supe-rior, can justiy an act o torturetheban is absolute. Closely related to

What is torture?

Any act by which severe pain orsuering, whether physical or men-tal, is intentionally inficted on aperson or such purposes as ob-taining rom him or a third personinormation or a conession, pun-ishing him or an act he or a thirdperson committed or is suspected ohaving committed, or intimidatingor coercing him or a third person,or or any reason based on discrimi-nation o any kind, when such painor suering is inficted by or at theinstigation o or with the consentor acquiescence o a public ocialor other person acting in an ocialcapacity (art. 1).


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this is the key provision, in article 3, on non-reoulement: i there are substan-tial grounds or believing that an individual will be tortured in a country, thatperson cannot be extradited, deported or otherwise returned to that country.

A State party must criminalize torture and punish it appropriately.As acts o torture need to be punished even i the perpetrators have fedabroad, articles 4 to 9 establish a scheme whereby a State in which tortureis committed or whose nationals are involved as perpetrators or victims hasjurisdiction over the crime. Such a State can ask or the extradition o the al-leged oender rom any other country, which must itsel submit the alleged o-ender or prosecution i it turns down the request or extradition. The aim is toensure that there is no place to hide or the perpetrators o the acts prohibitedby the treaty. Articles 10 and 11 cover the education o law enorcement

personnel and the systematic review o their methods to prevent torture. In-stead o a general right to an eective remedy or violations, as containedin other treaties, the Convention against Torture sets out, in articles 12 to 14,rights to prompt and impartial investigations o allegations o torture, withair and adequate compensation as well as ull rehabilitation being due to avictim. According to article 15, evidence gathered through torture cannot beused in court. Finally, article 16 requires State parties to prevent acts o cruel,inhuman or degrading treatment or punishment that do not amount to torture.

The Convention, in Part II, requires each State party to report periodically tothe Committee against Torture. Under articles 21 and 22, States may alsochoose to accept the Committees competence to consider complaints romother State parties and rom individuals.

The Optional Protocol to the Convention against Torture and Other Cruel,Inhuman or Degrading Treatment or Punishment was adopted in 2002and entered into orce in June 2006. It provides or a system o regular visitsby international and national mechanisms to prevent torture and other cruel,inhuman or degrading treatment or punishment o people who are deprivedo their liberty. It establishes the Subcommittee on Prevention o Torture as theinternational preventive mechanism with a global remit and requires eachState party to set up, designate or maintain one or several national preven-tive mechanisms or visiting bodies or the prevention o torture and othercruel, inhuman or degrading treatment or punishment. As provided or underarticle 11, the Subcommittee:

(a) Visits places where people are or may be deprived o their liberty;

(b) Advises and assists State parties establishing national preventivemechanisms, when necessary; maintains direct contact with thesemechanisms in evaluating the needs and the means necessary to im-prove saeguards against ill-treatment; and makes recommendations


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and observations to State parties with a view to strengthening thecapacity and mandate o the national preventive mechanisms; and

(c) Cooperates with relevant United Nations bodies as well as interna-

tional, regional and national bodies or the prevention o ill-treatment.

F. Convention on the Rights o the Child (1989)

The rst treaty to deal comprehensively with the rights o children was theConvention on the Rights o the Child. While children, as human beings

under 18 years o age, o courseenjoy all o the human rights set

out in the other treaties, restatingthese rights in a single compre-hensive document with emphasison the particular circumstanceso children and the conditionsrequired or them to enjoy theirrights provided an opportunity todevelop additional provisions rel-evant to them.

Both article 24 o the Internation-al Covenant on Civil and PoliticalRights and article 10 o the Inter-national Covenant on Economic,Social and Cultural Rights providethat children are entitled to anyspecial measures o protection thatthey require as children. The Con-

vention on the Rights o the Childsets out these measures in muchgreater detail. For example, par-ticular provisions cover the childsright to an identity (arts. 7 and 8),separation rom parents (art. 9),amily reunication (art. 10), theillicit transer o children (art.11),protection rom abuse (art. 19)

and adoption (art. 21). Article 22addresses the particular situationo child reugees. Recognizing theparticular vulnerabilities o chil-

Four general principles or

implementing childrens rightsThe Committee on the Rights o theChild has identied our general prin-ciples contained in the Conventionwhich should guide the way States im-plement childrens rights:

1. Non-discrimination: the obliga-tion o States to respect and ensurethe rights set orth in the Convention to

each child within their jurisdiction with-out discrimination o any kind (art. 2);

2. The best interests o the child: thatthe best interests o the child should bea primary consideration in all actionsconcerning the child (art. 3);

3. The right to lie, survival and de-velopment: the childs inherent right tolie and State parties obligation to en-

sure to the maximum extent possible thesurvival and development o the child(art. 6);

4. The views o the child about hisor her own situation: the childs rightto express his or her views reely inall matters aecting the child, thoseviews being given due weight in ac-cordance with the age and maturity othe child (art. 12).

For more inormation, see the Commit-tees general comment No. 5 (2003).


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dren, the Convention explicitly stipulates their protection rom economicexploitation (art. 32), drug abuse (art. 33), sexual exploitation (art. 34),and abduction, sale and tracking (art. 35). Article 23 provides particu-

larly or the care o children with disabilities. Article 38 rearms Statesobligations in armed confict under international humanitarian law, andrequires them not to recruit and, where possible, not to use children under15 years o age as soldiers in confict.

Beyond the provisions that assert childrens rights in terms o protection, theConvention broke new ground by elaborating the childs perspective withregard to the classic civil and political rights and economic, social and cul-tural rights set out in the two Covenants. The Convention recognizes children

as subjects o rights capable o exercising their own rights in accordancewith their evolving capacity, age and maturity. For example, children haveull rights to reedom o expression (art. 13), to reedom o thought, con-science and religion (art. 14), to ree association and peaceul assembly(art. 15), to privacy (art. 16), to access to inormation (art. 17), as well asto health (art. 24), social security (art. 26) and an adequate standard oliving (art. 27).

The Convention, in part II, requires all State parties to report periodically to

the Committee on the Rights o the Child.The involvement o children in armed confict, the sale o children, child pros-titution and child pornography are covered in more detail in two optionalprotocols to the Convention, adopted in 2000.

The Optional Protocol on the involvement o children in armedconictcomplements article 38 o the Convention as well as internationalhumanitarian law. It establishes that no person under the age o 18 shallbe subject to compulsory recruitment into regular armed orces (art. 2) andimposes an obligation on States to raise the minimum age or voluntaryrecruitment urther (art. 3). Upon ratication o, or accession to, the Op-tional Protocol, State parties must deposit a binding declaration statingtheir minimum age or voluntary recruitment and the saeguards in place toensure that recruitment is voluntary. State parties to the Protocol shall alsoensure that members o their armed orces under 18 years o age do nottake a direct part in hostilities (art. 1). In addition, armed groups distinctrom the armed orces o a State should not, under any circumstances,

recruit or use in hostilities persons under the age o 18. State parties arerequired to take all easible measures to prevent the recruitment and useo children by such groups, including the criminalization o such practices(art. 4).


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The Optional Protocol on the sale o children, child prostitution and child por-nographyextends the measures that State parties must take to protect chil-dren rom these violations o their human rights. The Optional Protocol not

only denes the sale o children, child pornography and child prostitution(art. 2), but also provides a non-exhaustive list o acts and activities thatState parties must criminalize (art. 3). This criminalization should also coverattempts to commit such acts or activities and complicity and participation inthem. Articles 4 and 5 set orth the basis or State parties to assert jurisdictionover actionable practices relating to the sale o children, child prostitutionand child pornography (including extraterritorial legislation) and provides orthe extradition o alleged oenders. Based on the principle o the best inter-ests o the child, the Optional Protocol also sets orth provisions or protecting

and assisting child victims during all stages o the criminal justice process(art. 8). In addition, preventive measures against the sale o children, childprostitution and child pornography, as well as redress, rehabilitation and re-covery o child victims, are oreseen in articles 8 and 9. For the implementa-tion o all these provisions, the Optional Protocol asks or close collaborationamong State parties (arts. 6 and 10).

Finally, the Optional Protocol on a communications procedure was adoptedby the General Assembly in December 2011 and will be open or signaturein 2012. It establishes the right to individual petition, inquiries and inter-Statecomplaints.

G. International Convention on the Protection o the Rightso All Migrant Workers and Members o their Families(1990)

The International Convention on the Protection o the Rights o All MigrantWorkers and Members o their Families) was adopted in December 1990.It applies to the entire migration process, rom preparation or migration,

departure and transit to the total period o stay and remunerated activity inthe State o employment and the return to the State o origin or o habitualresidence. Most rights are relevant to the receiving State, although the send-ing State also has specic obligations.

The Convention begins with the prohibition o discrimination in the enjoymento the Conventions rights. It then sets out the rights, rst, o allmigrant work-ers and members o their amilies, irrespective o their migration status, and,second, the additional rights o documentedmigrant workers and their ami-

lies. In dening the civil and political rights o migrant workers, the Conven-tion ollows the language o the International Covenant on Civil and PoliticalRights very closely. Some articles restate the rights o the Covenant takinginto account the particular situation o migrant workers, such as consular


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notication rights upon arrest and specic provisions concerning breacheso migration law, the destruction o identity documents and the prohibitiono collective expulsion. In addition, the Convention mentions the right to

property, originally protected in the Declaration although not contained inthe Covenant.

The Convention denes the economic, social and cultural rights o migrantworkers in the light o their particular situation. For example, at a minimum,urgent medical care must be provided, as it would be provided to a na-tional, and the children o migrant workers have the basic right o access toeducation, irrespective o their legal status. Additional rights exist or workerswho are properly documented and to particular classes o migrant workers,such as rontier, seasonal, itinerant and project-tied workers.

The Convention, in part VII, requires all State parties to report periodicallyto the Committee on the Protection o the Rights o All Migrant Workersand Members o their Families, established to review its application. Ar-ticles 76 and 77 also provide or a right o complaint by a State par-ty against another State party or by individuals, provided the State partyconcerned accepts the Committees competence in this regard.

H. Convention on the Rights o Persons with Disabilities(2006)

The Convention on the Rights o Persons with Disabilities entered into orcein 2008. Its purpose is to promote, protect and ensure the ull and equalenjoyment o all human rights and undamental reedoms by all persons withdisabilities, and to promote respect or their inherent dignity.

The Convention does not dene persons with disabilities. It instead identiesthat persons with disabilities include those who have long-term physical,

mental, intellectual or sensory impairments which in interaction with variousbarriers may hinder their ull and eective participation in society on an equalbasis with others. It thereore views disability as the result o an interactionbetween an individuals condition and an inaccessible society. The barriersconronting persons with disabilities are manyor example, they might beenvironmental such as a staircase, or attitudinal such as a belie that personswith disabilities cannot learn. Such barriers can obstruct the enjoyment orights. The Convention thereore identies these barriers as discriminatory andrequires their removal. In adopting a rights-based approach to disability, the

Convention moves away rom viewing disability as a sickness inherent in theindividual requiring either a medical intervention (medical approach) to xthe person, or a charitable intervention (charity approach) based on voluntaryassistance rather than individual right.


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The Convention sets out general principles, including respect or inherentdignity and reedom o choice and independence; non-discrimination; par-ticipation and inclusion; respect or dierence and diversity; equality o op-

portunity; accessibility; equality between men and women; and respect orthe evolving capacities o children.

It recognizes that all persons with disabilities enjoy civil, cultural, economic,political and social rights on an equal basis with others. In this sense, it doesnot recognize new rights or persons with disabilities but states that per-sons with disabilities should enjoy rights without discrimination. In addition,the Convention sets out a series o obligations on States to enable personswith disabilities to enjoy their rights, in diverse areas such as access to jus-tice, awareness-raising, accessibility, data and statistics and international

cooperation. It also has specic provisions on women with disabilities andchildren with disabilities.

The Convention establishes the Committee on the Rights o Persons with Dis-abilities, to which State parties report periodically on the measures they havetaken to give eect to the Convention.

The Optional Protocol to the Convention entered into orce in 2008. It givesthe Committee the authority to receive communications rom individuals al-

leging violations o any o the provisions o the Convention. It also allowsthe Committee to undertake inquiries when it receives reliable inormationindicating grave or systematic violations o the Convention.

I. International Convention or the Protection oAll Persons rom Enorced Disappearance (2006)

The International Convention or the Protection o All Persons romEnorced Disappearance was adopted by the General Assembly in De-

cember 2006 and entered into

orce our years later. The Conven-tion is unique in that it combinestraditional human rights provisionswith international humanitarianand criminal law provisions.

In article 1, the Conventiondenes the non-derogable rightnot to be subjected to an enorced

disappearance and arms theprohibition o enorced disappear-ance as a non-revocable provi-sion:

What is enorceddisappearance?

The arrest, detention, abduction orany other orm o deprivation o libertyby agents o the State or by personsor groups o persons acting with theauthorization, support or acquiescenceo the State, ollowed by a reusal toacknowledge the deprivation o libertyor by concealment o the ate or where-abouts o the disappeared person,which place such a person outside theprotection o the law (art. 2).


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No exceptional circumstances whatsoever, whether a state o war or a threato war, internal political instability or any other public emergency, may beinvoked as a justifcation or enorced disappearance.

The Convention also arms that enorced disappearance constitutes acrime against humanity when practised in a widespread or systematicmanner (art. 5).

Among the measures intended to prevent enorced disappearances, theConvention mentions the express prohibition o secret detention and themaintenance o ocial registers o persons deprived o their liberty. It alsoestablishes that, when an alleged perpetrator o an enorced disappear-

ance is present in any territory under the jurisdiction o a State party, thatState shall take the necessary measures to establish its jurisdiction overthe oence.

Article 24 includes, in the denition o a victim o enorced disappear-ance, the disappeared person and any individual who has suered harmas the direct result o an enorced disappearance, such as amily mem-bers. The same article also establishes the right to the truth regarding thecircumstances o the enorced disappearance, the progress and results o

the investigation and the ate o the disappeared person. Although thisright had been recognized in humanitarian law and by some internationalbodies, the Convention is the rst international human rights instrument toexpressly state it.

The Convention requires State parties to criminalize acts o enorced dis-appearance, to conduct investigations and to take eective legislativeand other measures to prevent such acts rom happening (arts. 617, 25).

The Convention also accords special protection to children who are directvictims o enorced disappearance, whose parents or legal guardians aresubjected to enorced disappearance, or who are born during the captiv-ity o a mother subjected to enorced disappearance (art. 25).

The Convention establishes under article 26 the Committee on EnorcedDisappearances, to which State parties must periodically report on themeasures they have taken to give eect to the Convention.

Individuals may submit complaints to the Committee, provided that therelevant State has accepted the competence o the Committee underarticle 31. Article 32 gives competence to the Committee to entertaininter-State complaints.


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As explained in more detail in chapter II, the Committee may also takeurgent action i it receives urgent requests that a disappeared person shouldbe sought and ound. It may conduct inquiry procedures into a State party

i it receives reliable inormation about serious violations o the Conventionand may bring these to the urgent attention o the General Assembly i theyare widespread or systematic.

Finally, article 27 oresees that the State parties will assess the unctioning othe Committee and may decide to transer its unctions to another monitoringbody.

J. Reading the treaties as a whole

To understand a States obligations under these treaties ully, it is necessaryto read all the human rights treaties to which a State has become a partytogether. Although separate and ree-standing, the treaties also complementeach other, with a number o principles binding them together. Each laysdown, explicitly or implicitly, the basic principles o non-discrimination andequality, eective protection against violations, special protection or theparticularly vulnerable, and an understanding o the human being as an ac-tive and inormed participant in the public lie o the State where he or she islocated and in decisions aecting him or her, rather than a passive object o

the authorities decisions. All the treaties based on these common principlesare interdependent, interrelated and mutually reinorcing, so that no right canbe ully enjoyed in isolation, but depends on the enjoyment o all the otherrights. This interdependence is one reason why the human rights treaty bod-ies are crating a more coordinated approach to their activities, in particularby encouraging State parties to see implementation o the provisions o allthese treaties as a single objective.

These treaties do not purport to be a denitive catalogue o a States human

rights obligations. Many States, beyond their participation in the United Na-tions human rights treaty system, are also a party to regional human rights in-struments, which may urther expand the protection oered to persons withintheir jurisdiction. In addition, other treaties, including the Convention relatingto the Status o Reugees and the conventions o the International LabourOrganization (ILO), such as ILO Conventions No. 138 concerning MinimumAge or Admission to Employment and No. 182 concerning the Prohibitionand Immediate Action or the Elimination o the Worst Forms o Child Labour,or ILO Convention No. 169 concerning Indigenous and Tribal Peoples in

Independent Countries, are instruments with obvious and important humanrights dimensions. All these international legal obligations should be con-sidered together when evaluating a States responsibility to protect humanrights.


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II. IMPLEMENTATION OF HUMAN RIGHTSSTANDARDS: THE TREATY BODIES

The treaty bodies are the committees o independent experts that review thereports by the State parties on their application o the provisions o the corehuman rights treaties. Chapter II sets out to explain their work and why it isrelevant to the lives o people around the world.

A. What are the human rights treaty bodies?

The international human rights treaties described in chapter I create legalobligations on State parties to promote and protect human rights at the

national level. When a country accepts a treaty through ratication, ac-cession or succession, it assumes a legal obligation to implement the rightsset out in it. But this is only the rst step, because recognizing rights onpaper does not guarantee that they will be enjoyed in practice. Whenthe rst treaty was adopted, it was recognized that State parties wouldrequire encouragement and assistance in meeting their international obli-gations to put in place the necessary measures to ensure the enjoyment othe rights provided in the treaty by everyone under their jurisdiction. Eachtreaty thereore creates an international committee o independent experts

to monitor, by various means, the implementation o its provisions.

The application o the human rights treaties listed in chapter I is monitored bythe ollowing committees:

1. The Committee on the Elimination o Racial Discrimination, the rsttreaty body to be established, has reviewed the application o theInternational Convention on the Elimination o All Forms o Racial Dis-crimination since 1969. It has 18 members.

2. The Committee on Economic, Social and Cultural Rights was createdin 1985 to carry out the unctions o the Economic and Social Councilunder the International Covenant on Economic, Social and CulturalRights. It has 18 members.

3. The Human Rights Committee was created in 1976 to review theapplication o the International Covenant on Civil and Political Rights.It has 18 members.

4. The Committee on the Elimination o Discrimination against Womenhas reviewed the application o the Convention on the Elimination oAll Forms o Discrimination against Women by its State parties since1981. It has 23 members.


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5. The Committee against Torture, created in 1987, reviews the ap-plication o the Convention against Torture and Other Cruel, Inhu-man or Degrading Treatment or Punishment. It has 10 members.

6. The Subcommittee on Prevention o Torture held its rst session inFebruary 2007. Its mandate is twoold: to visit all places o de-tention in State parties; and to provide assistance and advice toboth States parties and their independent national bodies or theprevention o torture and other cruel, inhuman or degrading treat-ment or punishment, the national preventive mechanisms. It has25 members.

7. The Committee on the Rights o the Child has, since 1991, re-

viewed the application o the Convention on the Rights o theChild, as well as its Optional Protocols relating to the involvemento children in armed confict and to the sale o children, childprostitution and child pornography, by their State parties. It has18 members.

8. The Committee on Migrant Workers held its rst session in March2004 and reviews the application o the International Convention onthe Protection o the Rights o All Migrant Workers and Members otheir Families. It has 14 members.

9. The Committee on the Rights o Persons with Disabilities, establishedin November 2008, held its rst session in February 2009. It has 18members.

10. The Committee on Enorced Disappearances was created in June2011 ollowing the entry into orce on 23 December 2010 o theInternational Convention or the Protection o All Persons rom EnorcedDisappearance. It has 10 members.

Each committee is composed o independent experts o recognized compe-tence in human rights, who are nominated and elected or xed, renewableterms o our years by State parties. Elections or hal the members takeplace every two years. The terms o the members o the newest treaty bodies(Subcommittee on Prevention o Torture, Committee on the Rights o Personswith Disabilities and Committee on Enorced Disappearances) are renew-able only once.

The treaty bodies generally meet at the United Nations Oce at Geneva,

although the Human Rights Committee and the Committee on the Elimina-tion o Discrimination against Women usually hold one o their sessions inNew York every year. All the treaty bodies receive support rom the HumanRights Treaties Division o OHCHR in Geneva.


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B. What do the human rights treaty bodies do?

The treaty bodies perorm a number o unctions aimed at monitoring how thetreaties are being implemented by their State parties. All treaty bodies, with

the exception o the Subcommittee on Prevention o Torture, are mandated toreceive and consider reports submitted periodically by State parties detail-ing how they are applying the treaty provisions nationally. The treaty bodiesissue guidelines to assist States with the preparation o their reports, dratgeneral comments interpreting the treaty provisions and organize discussionson themes related to the treaties. Some, but not all, treaty bodies also perorma number o additional unctions aimed at strengthening the implementationo the treaties by their State parties. Most treaty bodies may consider com-plaints or communications rom individuals alleging that their rights have been

violated by a State party, provided that State has opted into this procedure.Some may also conduct inquiries and consider inter-State complaints.

The ollowing surveys the activities undertaken by the treaty bodies in ac-cordance with their mandates. Although the ten treaty bodies listed aboveare presented together as part o a coordinated treaty monitoring system,it should be noted that each treaty body is an independent committee oexperts, which has a mandate related to a specic treaty. The treaty bodiesnevertheless continue their eorts to coordinate their activities, even i their

procedures and practices may dier as a result o variations in their indi-vidual mandates under the relevant treaty or optional protocol.6

C. Consideration o State parties reports

The primary mandate o all the committees, except the Subcommittee onPrevention o Torture, is to review the reports submitted periodically by Stateparties in accordance with the treaties provisions. Within this basic man-date, the treaty bodies have developed practices and procedures that haveproved remarkably eective in scrutinizing the extent to which States have

met their obligations under the human rights treaties to which they are a partyand encouraging urther implementation. The ollowing presents the essentialcommon eatures o the consideration o State reports by the treaty bodies:

The States obligation to report

In addition to their obligation to implement the substantive provisions o thetreaty, each State party is also under an obligation to submit regular reportsto the relevant treaty body on how the rights are being implemented.

6 More precise inormation relating to a speciic treaty bodys procedures can be ound in therelevant act sheet or that committee. Most committees working methods are also posted onthe OHCHR website (www.ohchr.org).


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The idea o monitoring human rights by reviewing such State reports origi-nated in a 1956 resolution o the Economic and Social Council, whichrequested United Nations Member States to submit periodic reports on

progress made in the advancement o human rights.

7

The model was in-corporated into the 1965 International Convention on the Eliminationo All Forms o Racial Discrimination, the two International Covenants o1966, and every core international human rights treaty since. In order tomeet its reporting obligation, each State party must submit a comprehensiveinitial report within one or two years o the treaty entering into orce or it (seetable). It must then continue to report periodically, usually every our or ve

years, in accordance with the provisions o the treaty on urther measurestaken to implement it (with the exception o the International Convention orthe Protection o All Persons rom Enorced Disappearance). The reports mustset out the legal, administrative and judicial measures taken by the State togive eect to the treaty, and should also mention any actors or dicultiesencountered in implementing the rights. In order to ensure that reports con-tain adequate inormation to allow the committees to do their work, eachcommittee issues guidelines on the orm and content o State reports. Theseguidelines are issued in a compilation document (HRI/GEN/2), which isupdated regularly.

7 Resolution 624 B (XXII).


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Reporting

periodicities

Treaty

Initialreportwithin

Periodicreportsevery

InternationalConventionontheElimin

ationoAllFormso

RacialDiscrimination

1year

2years

InternationalCovenantonEconomic,

SocialandCultural

Rightsa

2years

5years

InternationalCovenantonCivilandP

oliticalRights

1year

4yearsb

ConventionontheEliminationoAllF

ormsoDiscrimination

againstW

omen

1year

4years

ConventionagainstTortureandOtherCruel,Inhumanor

Degradin

gTreatmentorPunishment

1year

4years

ConventionontheRightsotheChild

2years

5years

Op

tiona

lP

rotoco

lon

thesa

leo

fchil

dren

,c

hil

dprost

itu

tion

andch

ildpornography

2years

5yearsorwithnextreport

undertheConvention

Op

tiona

lP

rotoco

lon

the

invo

lvemen

to

fc

hil

dren

inarme

d

confict

2years

5yearsorwithnextreport

undertheConvention

InternationalConventionontheProtectionotheRightsoAll

MigrantWorkersandMembersotheirFamilies

1year

5years

ConventionontheRightsoPersonsw

ithDisabilities

2years

4years

InternationalConventionortheProtectionoAllPersonsrom

Enorced

Disappearance

2years

A

dditionalinormationasrequestedby

theCommittee(art.29

(4))

aArticle17

otheCovenantdoesnotestablishareportingperiodicity,butgivestheEconomicandSocialCouncildiscretiontoestablishitsownreportingprogramme.

bArticle40

otheCovenantgivestheHumanRig

htsCommitteediscretiontodecidew

henperiodicreportsshallbesubmitted.Ingeneral,thesearerequiredeve

ryouryears.


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The purpose o reporting

State parties are encouraged to see the process o preparing their reports orthe treaty bodies not only as the ullment o an international obligation, butalso as an opportunity to take stock o the state o human rights protectionwithin their jurisdiction or the purpose o policy planning and implementa-tion. The preparation oers an occasion or each State party to:

(a) Conduct a comprehensive review o the measures it has taken toharmonize domestic law and policy with the provisions o the interna-tional human rights treaties to which it is a party;

(b) Monitor progress made in promoting the enjoyment o the rights set

orth in the treaties in the context o the promotion o human rights ingeneral;

(c) Identiy problems and shortcomings in its approach to the implementa-tion o the treaties;

(d) Assess uture needs and goals or more eective implementation othe treaties; and

(e) Plan and develop appropriate policies to achieve these goals.8

Seen in this way, the reporting system is an important tool or a State toassess what it has achieved and what more it needs to do to promote andprotect human rights in the country. The reporting process should encourageand acilitate, at the national level, public participation, public scrutiny oState policies, laws and programmes, and constructive engagement withcivil society in a spirit o cooperation and mutual respect, with the aim oadvancing the enjoyment by all o the rights protected by the relevant treaty.Some States incorporate comments and criticism rom NGOs in their reports;others submit their reports to parliamentary scrutiny beore submitting them tothe Secretary-General o the United Nations or consideration by the relevanttreaty body.

8 HRI/MC/2004/3, para. 9. A ull explanation o the objectives o reporting can be oundin general comment No. 1 (1989) o the Committee on Economic, Social and Cultural Rights.


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How does each treaty body examine a State partys report?

Although there are variations in the procedures adopted by each committeein considering a State partys report, the ollowing basic stages are commonto all treaty bodies.

1. Submission o the initial report

The report must be submitted to theSecretary-General (represented byOHCHR) in one o the six ociallanguages o the United Nations.

It is then processed by the Secre-tariat, and translated into the com-mittees working languages. Onceprocessed, the report is scheduledor consideration by the committeeat one o its regular sessions. It maytake time beore a report can beconsidered, as some treaty bod-ies ace a two-year backlog. Most

committees try to give priority to ini-tial reports or to reports rom Statesthat have not reported or a longtime.

What is a common coredocument?

State reports consist o the commoncore document and a treaty-specicdocument.

The common core document con-tains general and actual inormationrelating to the implementation o thetreaties which may be o relevance toall or several treaty bodies (see HRI/MC/2006/3). A treaty body may re-quest that the common core documentbe updated i it considers that the inor-mation it contains is out o date.

The treaty-specic document containsinormation relating to the implemen-tation o the treaty which the relevantcommittee monitors.

Considerationo the report

Implementationand follow-up

Preparation ofthe report

Preparation forreview

Considerationof the report

Concludingobservations


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2. List o issues/list o themes

Beore the session at which it will ormally consider a report, a committeedraws up a list o issues, which is submitted to the State party. This listprovides an opportunity or the committee to request rom the State partyany additional inormation, which may have been omitted rom the reportor which members consider necessary or the committee to assess the stateo implementation o the treaty in the country concerned. The list o issuesalso enables the committee to begin the process o questioning the Stateparty in more detail on specic issues raised by the report which are oparticular concern to members. Many State parties nd the list o issuesa useul guide to the line o questioning they are likely to ace when their

report is ormally considered. This enables their delegations to preparethemselves and makes their dialogue with the committee more constructive,inormed and concrete.

Lists o issues are drated beore the session at which a report will be con-sidered. Depending on the treaty body, they are drated either in a pre-sessional working group convened immediately beore or ater a regularsession or during the plenary session. Most committees appoint one or moreo their members to act as country rapporteurs to take the lead in drating thelist o issues or a specic country.

The Committee on the Elimination o Racial Discrimination has adopted theso-called list o themes, to which no responses are required. The country rap-porteur will send a State party a short list o themes with a view to guidingand ocusing the dialogue between its delegation and the Committee duringthe consideration o the State partys report.

3. Written response to list o issues

The written responses to the list o issues supplement the report, and areespecially important i it has taken a committee a long time to take up thereport.

4. List o issues prior to reporting

In 2007, the Committee against Torture adopted a new optional report-ing procedure (the so-called list o issues prior to reporting) which con-sists in the adoption o lists o issues to help State parties to prepare their

periodic reports.

The State partys response to this list o issues constitutes its periodicreport under article 19 o the Convention against Torture.


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The procedure does not apply to initial reports. The Committee is o theview that this procedure will assist State parties to prepare and submit moreocused reports, guiding their content, acilitating the reporting process and

strengthening State parties capacity to ull their reporting obligations in atimely and eective manner.

During 2009, the Human Rights Committee also decided to use listso issues prior to reporting as an optional reporting procedure or Stateparties.

5. Other sources o inormation

In addition to the State parties reports, the treaty bodies may receive inorma-

tion on a countrys human rights situation rom other sources, including UnitedNations agencies, other intergovernmental organizations, national humanrights institutions (NHRIs), non-governmental organizations (NGOs), bothinternational and national, and proessional groups and academic institu-tions. Most committees allocate specic plenary time to hearing submissionsrom United Nations agencies and most also receive NGOs. Depending onwhen the inormation is submitted, issues raised by these organizations maybe incorporated in the list o issues or inorm the questions that members askthe State delegation. In the light o all the inormation available, the commit-

tee examines the report.

A number o treaties provide or a special role or specic United Nationsbodies in the consideration o reports. Article 45 o the Convention onthe Rights o the Child specically mentions the role o the United Na-tions Childrens Fund (UNICEF),along with other United Nationsagencies and bodies. Article 74o the International Convention on

the Protection o the Rights o AllMigrant Workers and Memberso their Families similarly providesor the participation o the Inter-national Labour Oce/Organi-zation. Article 38 o the Conven-tion on the Rights o Persons withDisabilities and article 28 o theInternational Convention or the

Protection o All Persons rom En-orced Disappearance also pro-vide or active cooperation withrelevant United Nations bodies.

Ofcial languages andworking languages

While the ocial United Nations

languages are Arabic, Chinese, En-glish, French, Russian and Spanish, thecommittees generally choose to workin only some o these languages, de-pending on their membership and inorder to cut costs in relation to docu-mentation. Core documents, such asconcluding observations, rules o pro-cedure and reporting guidelines, arealways translated into all six.

The working languages o the Sec-retariat at Geneva are English andFrench.


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6. Formal consideration o the report: constructive dialogue between thetreaty body and the State party

All treaty bodies have developed the practice, pioneered by the Com-mittee on the Elimination o Racial Discrimination, o inviting State partiesto send a delegation to attend the session at which the committee willconsider their report in order to allow them to respond to members ques-tions and provide additional inormation on their eorts to implement theprovisions o the relevant treaty. This procedure is not adversarial and thecommittee does not pass judgement on the State party. Rather, the aim is toengage in a constructive dialogue in order to assist the State in its eortsto implement the treaty as ully and eectively as possible. The notion oconstructive dialogue refects the act that the treaty bodies are not judicialbodies, but were created to monitor the implementation o the treaties andprovide encouragement and advice to States. I a State party does notsend a delegation, a committee may nevertheless proceed with the consid-eration o that State partys report.

7. Concluding observations and recommendations

The examination o a report culminates in the adoption o concluding ob-servations intended to give the reporting State practical advice and encour-

agement on urther steps to implement the rights contained in the treaty. In itsconcluding observations, a treaty bodies will acknowledge the positive stepstaken by the State, but also identiy areas o concern, where more needs tobe done to give ull eect to the treatys provisions. The treaty bodies seek tomake their recommendations as concrete and practicable as possible. Statesare required to publicize the concluding observations within the country soas to inorm public debate on how to move orward.

8. Implementation o concluding observations and submission o the next

periodic reportA committees adoption o its concluding observations brings the ormal con-sideration o a report to a close; but the process does not end there. Theimplementation o the rights contained in the treaties requires continuouseort on the part o States. Ater the submission o their initial reports, Statesare required to submit urther reports to the treaty bodies at regular intervals.These are reerred to as periodic reports. Periodic reports are normallynot as long as the more comprehensive initial report, but must contain all

inormation necessary or a committee to continue its work o monitoring theongoing implementation o a treaty in the country concerned. An importantelement o any periodic report will be reporting back to the committee onconcrete measures taken by a State party to implement the treaty bodys


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recommendations in the conclud-ing observations on the previousreport, so as to close the reporting

cycle.The importance o ollow-up to trea-ty body recommendations

Treaty bodies have no means oenorcing their recommendations.Nevertheless, most States take thereporting process seriously, and thecommittees have proved successul

in raising concerns relating to theimplementation o the treaties inmany States.

In order to assist States in imple-menting their recommendations,the treaty bodies have begun tointroduce procedures to ensure e-ective ollow-up to their concluding

observations. Some (Committee onthe Elimination o Racial Discrimi-nation, Human Rights Committee,Committee on the Elimination oDiscrimination against Women andCommittee against Torture) request,in their concluding observations,that States report back to the country rapporteur or ollow-up rapporteur with-in one year (sometimes two (Committee on the Elimination o Discriminationagainst Women)) on the measures taken in response to specic recommen-dations or priority concerns that are rapidly implementable. The rapporteurthen reports back to the committee.

Some members o treaty bodies have undertaken visits to State parties, attheir invitation, in order to ollow up on the report and the implementation oconcluding observations.

What happens i a State party does not report?

Reporting to the treaty bodies can be a considerable challenge. A Statethat has ratied all nine core international human rights treaties is expectedto produce more than 20 human rights reports over a ten-year period:that is one every six months. States must also produce responses to lists o

The review procedure review o implementationwithout a report

According to this procedure, a commit-tee may proceed with the examinationo the state o implementation o therelevant treaty by the State party eventhough it has not received any Statereport. The committee may ormulatea list o issues and questions or theState party, which is invited to send adelegation to attend the session. Inor-mation may be received rom UnitedNations partners and NGOs and, onthe basis o this inormation and thedialogue with the State party, the com-mittee will issue its concluding observa-tions including recommendations. Thereview may proceed even i the Stateparty declines to send a delegationto the session. The review procedureis used only in exceptional cases; invery many cases, notication by thecommittee that it intends to consider thesituation in a country in the absenceo a report is sucient to persuade theState party to produce a report withina short period o time.


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issues and prepare to attend treaty body sessions, and will then perhapsneed to submit urther reports on ollow-up to concluding observations. Inaddition, States might also have obligations at regional level. This adds

up to a considerable reporting burden, so it is perhaps not surprising thatStates can all behind in their reporting schedules or, in some cases, ailto report at all.

The treaty bodies recognize these diculties and have been consideringways o acilitating the task o State parties (see chap. III below). Neverthe-less, the obligation to report, like the other obligations arising rom the rati-cation o these treaties, is an international legal obligation, reely enteredinto by the State. The treaty bodies seek to encourage States to report in atimely manner. States may seek technical assistance rom OHCHR i theyace particular diculties. But, i a State has ailed to report over a longperiod and has not responded to a committees requests to report, the com-mittee considers the situation in the country without a reportsometimesreerred to as the review procedure (see box).

D. Consideration o complaints rom individuals

Except or the Subcommittee on Prevention o Torture, the treaty bodies listedin section A above may, under certain circumstances, consider complaints or

communications rom individuals who believe their rights have been violatedby a State party:

TheCommitteeontheEliminationofRacialDiscriminationmaycon-sider individual communications brought against State parties thathave made the requisite declaration under article 14 o the Conven-tion;

The HumanRights Committee may consider individual communica-

tions brought against State parties to the rst Optional Protocol to theCovenant;

TheCommitteeontheEliminationofDiscriminationagainstWomenmay consider individual communications brought against State par-ties to the Optional Protocol to the Convention;

TheCommitteeagainstTorturemayconsiderindividualcommunica-tions brought against State parties that have made the requisite dec-laration under article 22 o the Convention;

TheCommitteeontheRightsofPersonswithDisabilitiesmayconsiderindividual communications brought against State parties to the Op-tional Protocol to the Convention;


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TheCommitteeonEnforcedDisappearancesmayconsiderindividu-al communications brought against State parties that have made therequisite declaration under article 31 o the Convention;

TheInternationalConventionontheProtectionoftheRightsofAllMigrant Workers and Members o their Families,9 the OptionalProtocol to the International Covenant on Economic, Social andCultural Rights10 and the Optional Protocol to the Convention onthe Rights o the Child on a communications procedure11 also con-tain provisions or individual communications to be considered bytheir respective committees, but these are not yet operative.

The procedure is optional or State parties: a treaty body cannot consider

complaints relating to a State party unless that State has expressly recognizedthe treaty bodys competence in this regard, either by a declaration underthe treatys relevant article or by accepting the relevant optional protocol. Al-though in some respects the procedure is quasi-judicial, the decisions can-not be enorced directly by the committees. In many cases, however, Stateparties have implemented the committees recommendations and granted aremedy to the complainants.

Who can complain?

Any individual who claims that her or his rights under a treaty have beenviolated by a State party to that treaty may bring a communication beorethe relevant committee, provided that the State has recognized the compe-tence o the committee to receive such complaints. Complaints may also bebrought by third parties i the individuals themselves have given their writtenconsent or are incapable o giving such consent.

How do I lodge a complaint?

Detailed inormation about the treaty bodies individual complaints proce-dures, including advice and instructions on how to complain, can be oundin Fact Sheet No. 7 and on the OHCHR website.

9 To come into eect, the procedure under article 77 on individual communications requires aminimum o 10 State parties to make the requisite declaration.10 The Optional Protocol was adopted by the General Assembly in December 2008 andopened or signature in 2009. It requires ten State parties to enter into orce.11 The Optional Protocol on a communications procedure was adopted by the GeneralAssembly in December 2011. It will be open or signature in 2012. It, too, requires ten Stateparties to enter into orce.


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E. Inquiries

Five treaty bodiesthe Committee against Torture, the Committee on theElimination o Discrimination against Women, the Committee on the Rights o

Persons with Disabilities, the Committee on Enorced Disappearances, andthe Committee on Economic, Social and Cultural Rights and the Committeeon the Rights o the Child (when the relevant optional protocols enter intoorce)may initiate inquiries i they receive reliable inormation containingwell-ounded indications o serious, grave or systematic violations o the con-ventions in a State party.

Which States may be subject to inquiries?

With the exception o inquiries by the Committee on Enorced Disappear-ances, or which State parties automatically accept the Committees compe-tence when they ratiy the Convention, inquiries may be undertaken by theother committees only with respect to State parties that have separately andadditionally recognized their competence in this regard. At the time o signa-ture, ratication or accession, State parties to the Convention against Torturemay opt out by making a declaration under article 28. State parties to theOptional Protocol to the Convention on the Elimination o All Forms o Discrimi-nation against Women may similarly exclude the competence o the Commit-

tee by making a declaration under article 10. State parties to the OptionalProtocol to the Convention on the Rights o Persons with Disabilities may alsoopt out by making a declaration under article 8 at the time o signature, rati-cation or accession. Any State which opts out o the procedure in this waymay decide to accept it at a later stage.

Inquiry procedure

The Convention against Torture (art. 20), the Optional Protocol to the Con-

vention on the Elimination o All Forms o Discrimination against Women(arts. 89), the International Convention or the Protection o All Persons romEnorced Disappearance (art. 33), the Optional Protocols to the Conventionon the Rights o Persons with Disabilities (arts. 67), to the International Cov-enant on Economic, Social and Cultural Rights (art. 11) and to the Conven-tion on the Rights o the Child (art. 13) set out the ollowing basic procedureor their committees to undertake urgent inquiries:

1. The procedure may be initiated i a committee receives reliable inorma-

tion indicating that the rights contained in the treaty are being system-atically violated by a State party. For inquiries under the Conventionagainst Torture, the inormation should contain well-ounded indicationsthat torture is being systematically practised in the territory o the State


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party; or inquiries under the Convention on the Elimination o All Formso Discrimination against Women, the inormation should indicate graveor systematic violations o the rights set orth in the Convention by a State

party;2. A committee rst invites the State party to cooperate in the examination

o the inormation by submitting observations;

3. A committee may, on the basis o the State partys observations and otherrelevant inormation available to it, decide to designate one or more oits members to make a condential inquiry and report to the committeeurgently. The procedures under the Convention on the Elimination o AllForms o Discrimination against Women, the International Convention

or the Protection o All Persons rom Enorced Disappearance and theConvention on the Rights o Persons with Disabilities specically autho-rize a visit to the territory o the State concerned, i warranted and withthe States consent; visits are also envisaged by the procedure under theConvention against Torture;

4. The ndings o the member(s) are then examined by the committee andtransmitted to the State party together with any appropriate comments orsuggestions/recommendations;

5. The procedures under the Convention on the Elimination o All Formso Discrimination against Women and the Convention on the Rights oPersons with Disabilities set a six-month deadline or the State party torespond with its own observations on the Committees ndings, commentsand recommendations and to inorm the Committee o the measures tak-en in response to the inquiry i the Committee invites it to do so;

6. A committee may decide, in consultation with the State party, to include asummary account o the results o the proceedings in its annual report. I

the State party agrees, the ull inquiry and the State partys response maybe made public;

7. The cooperation o the State party must be sought throughout the pro-ceedings.

F. Urgent action and urgent appeals to the GeneralAssembly under the International Convention or theProtection o All Persons rom Enorced Disappearance

As briefy mentioned in chapter I, the International Convention or the Pro-tection o All Persons rom Enorced Disappearance enables its Committeeto take urgent action. Under article 30, the Committee may receive urgent


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requests rom relatives o a disappeared person or their legal representatives,their counsel or any person authorized by them, as well as by any other per-son having a legitimate interest, that a disappeared person should be sought

and ound. The Committee will transmit the communication to the State partyconcerned, requesting it to provide observations and comments within a timelimit set by the Committee.

Moreover, i the violations amount to widespread or systematic acts (i.e.,crimes against humanity), the Committee may, ater seeking rom the Stateparty concerned all relevant inormation on the situation, bring the matterto the urgent attention o the United Nations General Assembly through theSecretary-General under article 34.

G. Early warning and urgent action by the Committee onthe Elimination o All Forms o Racial Discrimination

Although not provided or in the Convention, in 1993 th

Documents

The United Nations Human Rights Treaty System