Human Rights in the context of the
UN Reform
and
The HR Protection Systems
Session 1
Session objectives
• To provide information about the key milestones and
influence of the human rights agenda in UN reform
• To explain the relevance of human rights protection
systems and the value they bring to country analysis
and the UNDAF
• To introduce the distinction between human rights
and human rights-based approach
Human rights in the UN
...To achieve
international
cooperation…in
promoting and
encouraging respect
for human rights and
for fundamental
freedoms…
--UN Charter, art. 1
UN Charter
UDHR
Cold War
Development
Human Rights
Peace & Security
humanitarian action
Copenhagen
Cairo
UN Reform
Agenda
Vienna
Beijing
1997/2010
The linkage between …
Human development
… and Human rights
• Process of enhancing
people’s capabilities
• Expand choices and
opportunities
• Lead a life of respect and
value
• Claims to be protected from
abuses and deprivations
• Secure the freedom for a
life and dignity
• Requires capacity that
development makes
possible
Milestones of
HR Mainstreaming in UN
2002
Action 2
2000
1997ongoing
UN
Reform
Millennium
Declaratio
n
UN Reform
2005
2005
“In Larger
Freedom”
World Summit MDGs Review
Outcome
2010
Summit
UN system’s responses
 Agency policies and Guidelines integrate human rights
 Common Understanding on HRBA (2003)
 Updated CCA/UNDAF Guidelines
 Increasing no. of UNCTs adopting an HRBA
 Action 2 interagency plan (2003-2008)
 Delivering as One
 UN Integrated Missions/PKOs
 Resident Coordinators & Humanitarian Coordinators
• Secretary-General:
– Policy Committee decision on HR and Development (2008)
UNDG Human Rights
Mainstreaming Mechanism (UNDG-HRM)
Senior-level UNDG mechanism to institutionalize support to
RC/UNCTs on HR
Objectives:
• Policy and operational coherence on human rights and
development
• Support to RC and UNCT Leadership on human rights
• Strengthen UNCT support to national capacity building efforts
on human rights
• Promoting system-wide advocacy on human rights
Opportunities and challenges
HRBA can contribute to:
Strengthening normative and operational
linkages
Increasing coherence at country level
Increasing UN’s effectiveness, impact and
added value
Three concepts:
1. Rights
2. Human rights
3. Global, Regional and National
Protection systems
What is a right?
“That which a person is entitled to have, to do,
or to receive from others, and which is
enforceable by law.”
What are human rights?
•
•
•
•
Universal legal guarantees
Civil, cultural, economic, political and social
Protect human values (freedom, equality, dignity)
Inherent to individuals and, to some extent,
groups
• Grounded in international norms and standards
• Legally binding on States
“Protection systems”
“Legal frameworks, institutions, procedures
and actors to ensure that international human
rights norms and standards are promoted,
respected, protected and fulfilled”
Human rights instruments
ICCPR
ICESCR
CERD
CEDAW
OPs
CRC
Other International
Instruments
(humanitarian,
specialized agencies)
UN Charter
UDHR
CRPD
Fundamental Labour
Conventions
CAT
CMW
CPED
National
Constitutions
and Laws
Regional
instruments
Origin
Mechanism
Composition Coverage
Periodicity
Treaties
Treaty Bodies
Experts
States
Parties
4 Years
Experts
Universal
State
representatives
Universal
4 Years
Fundamental ILO Committee of Experts
Labour
on Application of Conv and
Conventions Recom
Experts
States
Parties
2 Years
Other
universal
instruments
of
specialized
agencies
State
representatives
States
Parties
4 Years
(Committees)
Charter
HRC
Special procedures
(Special Rapporteurs,
Working Groups...)
Universal Periodic
Review
E.g., UNESCO Committee
on Conv and Recomm/Ex
Board/General Conference
Treaty bodies
Treaty bodies monitor and facilitate the implementation of the
treaties through:
Reviewing State Party reports and additional sources of
information
Adopting observations and recommendations
Adopting General Comments on HR Standards contained in
the treaty
Examining individual complaints (some of them)
Making confidential inquiries (some of them)
Main Functions
Mechanism
Issue country
Recommendations
Further define the
content of standards
Treaty Bodies
Concluding observations
General comments
Special Procedures
Mission reports
Thematic reports
Universal Periodic
Review
UPR recommendations
-----
ILO Committees
Observations and direct
requests/Conclusions
General observations/
and general
surveys/digest of
decisions
Other mechanisms under
specialized agencies (e.g.
UNESCO Committee on
Conventions and
Recommendations
Reports
-----
Human Rights Council
(Charter-based bodies)
• Promotes universal
protection
• Addresses and prevents
violations
• Develops international law
• Reviews compliance of
Member States
• Respond to emergencies
• International forum for
dialogue
Universal
Periodic Review
Special
Procedures
Advisory
Committee
Complaint
Procedures
Special procedures
Thematic mandates (33)
Country mandates (8)
• Burundi
• Cambodia
• DPRK
• Haiti
• Myanmar
• Palestinian territories
• Somalia
• Sudan
►Adequate housing ►African decent ►Arbitrary
detention ►Sale of Children ►Cultural rights
►Discrimination against women in law and
practice ►Education ►Enforced Disappearances
►Extrajudicial executions ►Extreme poverty
►Food ►Foreign debt ►Freedom of peaceful
assembly & association ►Freedom of opinion
& expression ►Freedom of religion ►Health
►Human rights defenders ►Independence of
judges and lawyers ►Indigenous people
►Internally displaced persons ►Mercenaries
►Migrants ►Minority issues ►Racism ►Slavery
►International solidarity ►Terrorism ►Torture
►Toxic waste ►Trafficking in persons
►Transnational corporations and business
►Water and sanitation ►Violence against
women
Universal Periodic Review
• Review the fulfillment of the human rights
obligations of all countries
• All Member States will be reviewed within 4
years (48 States per year)
• Review will be carried out by “peers” (groups
of three Member States)
Provides its
Own input
State reports
Civil society/NHRIs reports
Recommendations
UNCT
Supports
reporting
Process
Programmes
support State
implementation
State
Civil Society
Awareness raising
Regional human rights systems
Instruments
Mechanisms
• European Convention for the
Protection of Human Rights and
Fundamental Freedoms
• American Convention on
Human Rights and San Jose Pact
on Economic, Social and
Cultural Rights
• African Charter on Human and
People’s Rights
• Arab Charter on Human Rights
• European Court on Human Rights
• Inter-American Commission on
Human Rights
• Inter-American Court on Human
Rights
• African Commission on Human
and People’s Rights
• African Court on Human and
People’s Rights
• Arab Committee of HR Experts
• ASEAN intergovernmental
Commission on HR (AICHR)
National protection system
Ensuring sustainable respect for human rights requires:
• Constitutional and legal framework
• Effective institutions (parliament, government, judiciary,
public administration, human rights institutions)
• Procedures and processes including effective remedies
• Policies and programmes, including awareness raising
• Vibrant civil society and free media
Human rights obligations
Duty-bearers
Right to water
Respect
Do not disconnect supply
without due process
Refrain from
interfering with the
enjoyment of rights
Protect
Pro-poor price regulation when
supply is privatized
Prevent others from
interfering with the
enjoyment of rights
Fulfill
Ensure, over time, everyone
is connected
Adopt appropriate
measures towards
full realization of
rights
Links between national, regional and
international protection systems
Global & regional
protection are
complementary
Int’l
Global & regional
norms require national
implementation
Regional
National
National norms should be
consistent with global and
regional standards
Check on….
…Status of ratification
…Whether a Country’s pledge to the HRC exists
…Recent UPR & Treaty Body recommendations
…Recent UPR reports & State reports to Treaty Bodies
…Recent visits of Special Rapporteurs or statements and
communications on the country
…Calendar of upcoming events and SP country visits
…Recent outputs of monitoring mechanisms of specialized
agency instruments (e.g. ILO supervisory bodies)
www.ohchr.org/EN/Countries/Pages/HumanRightsintheWorld.aspx