Pre-Seminar : UNHCHR Materials
Part 4 of 4 | Previous
What are Treaty Bodies?
Each major international human rights treaties has established a "treaty
body" to monitor the implementation of the human rights provisions contained within
the associated treaty.
Who are the experts of the treaty bodies?
- Committees are composed of independent experts who are of recognised competence in the
field of human rights.
- Experts are nominated and elected by State parties.
What are the obligations of states after ratifying a treaty?
- Implement the provisions of that treaty at a national level
- Periodic reporting to the treaty body on the measures taken to ensure the enjoyment of
the rights provided in the treaty
- Undertake necessary measures to implement the recommendations of the treaty bodies.
What do treaty bodies do?
- Examine reports of the state parties with reference to information submitted from other
sources (NGOs, UN agencies, individuals)
- Adopting concluding observations which make specific recommendations to the State party
for future action
- Adopt general comments about specific articles in the treaties
Can treaty bodies investigate human rights violations?
The Committee against Torture and the Committee on the Elimination of Discrimination
against Women may carryout confidential inquiries when they receive information indicating
systematic violations of human rights contained in their respective treaties are taking
place.
Can individuals make complaints to a treaty body?
Yes, but only for certain treaties. These are:
- International Covenant on Civil and Political Rights;
- Convention on the Elimination of All Forms of Discrimination against Women;
through State ratification of the associated Optional Protocol, and
- Convention against Torture and other Cruel, Inhuman or Degrading Treatment or
Punishment;
- International Convention on the Elimination of All Forms of Racial Discrimination;
through specific declarations made by States provided for in the treaty itself.
Other criteria which must be fulfilled before a complaint can be examined:
- Domestic remedies must have been exhausted
- Complaint must not be anonymous
- Complaint must be submitted personally by alleged victim, a duly authorized
representative or another person who justifies his/her authority to act on behalf of the
alleged victim
- Complaint must be about a violation of a specific right provided for in the treaty under
which it is submitted
- The complaint is not under examination by any other international procedure of
investigation
Who assists the work of the treaty bodies?
With the exception of the Committee on the Elimination of Discrimination against Women,
which is serviced by the Division for the Advancement of Women in New York, all of the
Committees are serviced by the Office of the High Commission for Human Rights.
Return to top |
