Materials : Basic Documents : UN Human Rights systemThe UN Human Rights
System
Text version of a Powerpoint presentation.
Slide 1
"Creatures" of the UN Human Rights System
- INTER-GOVERNMENTAL - Representing states
- EXPERT - "personal capacity;" chosen by inter-governmental body
- JUDICIAL - the judge
- INTERNALIONAL "CIVIL SERVICE" - UN agencies
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Intergovernmental
- Security Council
- General Assembly
- Commission on Human Rights
(studies, drafts, sends investigators, resolutions)
Experts
- Treaty Bodies
(examine written State reports, interprets treaties)
- Special Rapporteurs/Working Groups
(visit countries, urgent appeals, recommendations)
- Sub-Commission
(studies, drafts Instruments)
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Judicial
- International Criminal Court
- Adhoc International Criminal Tribunals
(Former Yugoslavia and Rwanda)
'International Civil Service'
- Office of the High Commissioner for Human Right
- Funds and Programs
(eg. UNDP, UNICEF, WFP…)
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Core human rights treaties and their monitoring bodies
| ICCPR (1976) |
International Covenant on Civil and Political Rights |
Human Rights Committee |
| ICESCR (1976) |
International Covenant on Economic, Social and Cultural Rights |
Committee on Economic, Social and Cultural Rights |
| CERD (1969) |
Convention on the Elimination of All Forms of Racial Discrimination |
Committee on the Elimination of of Racial Discrimination |
| CEDAW (1981) |
Convention on the Elimination of All Forums of Discrimination against
Women |
Committee on the Elimination of Discrimination against Women |
| CAT (1987) |
Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment |
Committee Against Torture |
| CRC (1990) |
Convention on the Rights of the Child |
Committee on the Rights of the Child |
| MWC (2003) |
Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families |
Yet to be established |
| In the future |
Convention on the rights of people with disabilities |
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Human Rights Treaty Bodies
- 10-23 individual experts
- Meet 2-3 times per year for 2-3 weeks, in Geneva or New York
- Functions:
- Examine state party reports every 4-5 years and make "concluding observations"
- Make "general comments" that explain meaning of articles
- Some receive individual complaints
- CEDAW/CAT can investigate "systematic" violations
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UN Commission on Human Rights
- Principal UN human rights body
- 53 member states elected every two years
- Meets six weeks every year, March-April, in Geneva
It:
- Debates/passes resolutions on countries & themes
- Drafts international human rights treaties/declarations
- Sends fact-finders to countries (Special Rapporteurs)
- Appoints Thematic Experts to study subjects, make recommendations
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Resolutions of the Commission
The Commission on Human Rights has made several resolution relating to people with
disabilities.
Resolution 2003/49 refers to the work of OHCHR, Governments, civil society,
intergovernmental organisations, treaty bodies and Special Rapporteurs, DESA, Ad hoc
Committee and the General Assembly.
Resolutions were also made by the Commission in 1994, 1996, 1998, 2000 and 2002.
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Thematic Experts of the Commission
- 27 themes - newest is on right to health
- Individual Experts (Special Rapporteurs, Special Representatives and Independent
Experts) or Working Groups - five experts for one mandate
- Part-time, unpaid. Personal capacity. Usually 3 year mandate
- Functions:
- visit countries and write reports
- write annual reports with studies/recommendations
- some receive complaints and send urgent appeals
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Thematic Experts of the Commission
| Vulnerable Groups |
Civil and Political |
Economic, Social and Cultural |
- Violence against women
- Human rights defenders
- Internally displaced persons
- Mercenaries
- Migrants
- Indigenous people
- Extreme poverty
- Racism
- Sale of children, child prostitution
and child pornography
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- Arbitrary detention
- Disappearances
- Extrajudicial executions
- Torture
- Religion and belief
- Expression and opinion
- Independence of judges and lawyers
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- Right to development
- Food
- Health
- Education
- Adequate housing
- Toxic products
- Structural adjustment
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Experts and Disabilities
The experts on the following issues made reference to disabilities in their annual
report to the 2003 Commission on Human Rights:
- Education
- Adequate housing
- Health
- Independence of judges and lawyers
- Mercenaries
- Migrant workers
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Country Experts of the Commission
- Special Rapporteurs and Special Representatives of the S-G
- Current country mandates:
- Afghanistan
- Burundi
- Cambodia
- Haiti
- Iraq
- Myanmar
- Somalia
- Bosnia and Herzegovina and the Federal Republic of Yugoslavia
- Democratic Republic of the Congo (ex-Zaire)
- Palestinian territories occupied since 1967
- Functions:
- fact-finding on human rights situation in the country
- making recommendations to the government and the Commission on Human Rights
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Special Rapporteur for disability
Special Rapporteur for disability
- Appointed by and reports to the Commission for Social Development
- Invited to address Commission on Human Rights
Ms. Sheikha Hessa is the current Special Rapporteur for disability.
Functions:
- monitor the implementation of the Standard Rules
- to advance the status of people with disabilities throughout the world.
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