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 Universal Declaration of Human Rights (UDHR) - 1948
 Covenant on Economic, Social and Cultural Rights
(ICESCR) - 1966
• Optional Protocol (individual complaints) – 2008 (not yet in force)
 Covenant on Civil and Political Rights (ICCPR) - 1966
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1 st Optional Protocol (individual complaints) -1966
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2 nd Optional Protocol (abolition of the death penalty)-1989

Treaties addressing specific phenomena
 The International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD), 1965
 The Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment (CAT),
1984
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Optional Protocol to CAT (inspections of places of deprivation of liberty)
(OPCAT)- 2002
 The Convention on Enforced Disappearances , 2006

Treaties protecting specific groups
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The Convention on the Elimination of All Forms of
Discrimination against Women ( CEDAW ), 1979
•
Optional Protocol (communications)
The Convention on the Rights of the Child ( CRC ), 1989
•
OP on the sale of children, child prostitution and child pornography
• OP on the involvement of children in armed conflict
•
Optional Protocol (on communications in the making)
The International Convention for the Protection of the Rights of All Migrant Workers and Members of Their Families ,
1990
The Convention on the Rights of Persons with
Disabilities , 2006
• Optional Protocol (communications)

Common features of the Treaties
• Agreements concluded among States, adopted by the UN General
Assembly
• Establish normative framework for human rights and legal obligations of States under international law
• Establish monitoring mechanisms and procedures
• Require States parties to report periodically to the treaty bodies
(generally every 2 to 5 years)
• Allow possibility for individuals to submit complaints (ICCPR/OP,
ICESCR/OP, ICERD, CAT, CEDAW/OP, CRPD/OP, ICRMW )
• Some have inquiry procedures ( CAT, CEDAW/OP, CRPD/OP, CED)
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Establish procedures for States parties to submit complaints against other States parties (ICCPR, CERD, CAT, CMW, CED)

Incorporation of treaties into domestic law
 Treaty is considered superior to domestic law
(MONISM) ( non self-executing treaties still require incorporation )
 Treaty has no domestic legal effect unless it is formally incorporated into domestic law by the appropriate legislative process (DUALISM)
 (self-executing treaties can be implemented even if not specifically incorporated into domestic order)

Status of ratification of the nine core human rights treaties
3 May 2011
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Screening of the DVD on the treaty body system

 Established under the respective treaties
 Most consist of 18 experts, (CAT has 10 and SPT has 25 experts)
 Independent experts serving in their personal capacity
 Serve 4-year terms (renewable (only once in the case of CRPD and CED)
 Equitable geographic distribution
 Meet in sessions 2 or 3 times per year in Geneva
(HRC, and CEDAW also in New York)
 Serviced by the UN Secretariat (OHCHR)

 Monitors the implementation of the treaties
- Examination of periodic reports by States parties (all, except for
SPT)
- Examination of individual complaints/communications ( HRC,
CERD, CAT, CEDAW, CRPD, CED, CESCR and CMW )
- Inquiries into specific human rights situations
(CAT, CEDAW, CRPD, CED)
 Normative interpretation and clarification of treaties
- General comments (and statements)
 Cooperate with UN organs/organizations and NGOs
 SPT ( conducts on-site visits to places of deprivation of liberty in
State parties )

The UN HR treaty system

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States must report periodically to the treaty bodies, according to the reporting guidelines
The treaty body conducts a preliminary review in presessional working group , usually ask supplementary questions (List of Issues)
State party submits its answers , usually in writing
A Government delegation and the treaty body engage in a face-to-face « constructive dialogue
» over 1 or 2 days, as TB members seek to understand the actual level of enjoyment of the rights
TB issues concluding observations
Info on follow-up to the concluding observations usually expected in the next report to be submitted, (for some TBs also within one or two years from the adoption of the COs –(see follow-up procedures)).

Reporting Cycle
Submission of the report
Follow up on implementa-tion
List of issues and questions
Adoption of
Concluding
Observations
Constructive dialogue
State replies to list of issues and questions
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Periodicity of the reporting procedures
Treaty
ICERD
ICESCR
ICCPR
CEDAW
CAT
CRC
ICRMW
CRC-OPSC
CRC-OPAC
Initial report within
1 year
2 years
1 year
1 year
1 year
2 years
1 year
2 years
2 years
Periodic reports every
2 years
5 years
4 years
4 years
4 years
5 years
5 years
5 years or with next CRC report
5 years or with next CRC report
CRPD
CED
2 years
2 years
4 years
Additional information as requested by CED
(art. 29(4))
[1] With a two year periodicity specified in the treaty, ICERD allows for merging two reports in one (i.e. de facto periodicity of four years).
2 Article 17 of the Covenant does not establish a reporting periodicity, but gives ECOSOC discretion to establish its own reporting programme.
[2] Article 17 of the Covenant does not establish a reporting periodicity, but gives ECOSOC discretion to establish its own reporting programme.
[3] Article 41 of the Covenant gives the Human Rights Committee discretion to decide when periodic reports shall be submitted. In general, these are required every four years.

 Practice of Human Rights Committee, CERD and CESCR
 States parties with long overdue reports are selected for review, without a report from the
State party, based on information from other sources (United Nations, other international or regional organizations, NGOs)

 Optional reporting procedure
 Consists in the adoption of lists of issues to assist States parties to prepare their periodic reports
 The State party's response to this list of issues constitutes the State party's periodic report
 Practice of CAT, HRC, CMW
 One of the tools to assist non-reporting states to fullfil their reporting obligations

 Formal procedures to monitor more closely the implementation of specific concluding observations in between two reporting cycles
 Consists in requesting States to provide a written report within one or two years from the adoption of the Cos
 Practice of HRC, CAT, CEDAW, CERD

:
 Regular monitoring of the situation of each right and all disadvantaged groups
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 Establishing a basis for comparison of future progress
Engaging int’l experts in an objective review of strengths and weaknesses
 Facilitating info exchange among
States, int’l cooperation

 Enable Governments to know their own national situations through:
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Legislative review
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Meaningful data collection
 Raise awareness among, enlist assistance from civil society
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Create an opportunity for national dialogue
Enable countries to benefit from the experience of international experts

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 Encourage governments to make a comprehensive and accurate report
 Encourage participation of all concerned in particular the disadvantaged and marginalized groups
 Publish fact that report on human rights is being prepared

Forms of NGO participation in the
Committee’s work (cont’d)
 Information can be submitted in written form
(« parallel report ») or orally to the Secretariat of the Committees
 Written information can be provided at all times prior to the examination of the report
 Oral presentations: at « lunchtime briefings » held during Committee session
 Continued contact with Committee members during the session and inter-sessionally

 Prepare an alternative report – coordinated consolidated report
 Focus attention on urgent issues
 Provision of concise and up-to-date country information to complement the State report
 Attendance at Committee sessions
 Interaction with Committee members insession

 Awareness – raising, at national level, of the
Covenant and of Committee activities (though use of the media and human rights education)
 follow – up to concluding observations of the
Committee at the national level
 Interaction and cooperation with the
Government or with national institutions for the promotion and protection of human rights

 OPTIONAL - HRC, CERD, CAT, CEDAW, , CRPD,
CED, CESCR and CMW
 DEMONSTRATES REAL COMMITMENT of Govts to protect human rights
 ADMISSIBILITY CRITERIA
• Cannot be anonymous
• Cannot be under examination by another int’l body
• Cannot be abusive
• Must relate to specific occurrences, alleging violation of specific rights
• Domestic remedies must be exhausted

 THE PROCEDURE
• Individual submits a written complaint to relevant treaty body
• State party is requested to comment on the complaint - petitioner and concerned State party has opportunity to reply to every relevant fact that emerges
• Committee issues its “views” on the complaint
• Committee follows up with concerned State party about implementation of its views

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Commonalities:
UPR process is complementary to TBs’ work and vice versa
 Potentially efficient follow-up procedure on recommendations of both organs
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Differences:
TBs – Independent bodies of experts, bind only
States parties
UPR – Universal Charter-based, States driven diplomatic mechanism

CHART OF UPR RECOMMENDATIONS ON
REPORTING TO THE TREATY BODIES
Enjoy the support
To be tailored to the State party
No clear position idem

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Commonalities:
Special Procedures are complimentary to TBs’ work and vice versa
Potentially efficient follow-up procedure on recommendations of both organs
Independent mechanisms
Differences:
TBs bind only States parties,
SPs –Universal Charter-based mechanisms
SPs – effective rapid reaction and early warning mechanisms,
SPs - no strong periodicity of review mechanism, but depends on good will cooperation of UN member States

 Implementation - establish national systems for the protection of human rights (laws, rules, procedures, national institutions etc) and for providing remedy to victims
 Continuous self-monitoring of the nat’l HR situation, measure progress over time
 Reporting to treaty bodies periodically
 Monitoring compliance by other States parties

 Determining the composition of treaty bodies - nominate and elect members
 Engaging in int’l dialogue - express and exchange views with treaty bodies and others

 Website www.ohchr.org
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Treaty Bodies’ Concluding Observations, GCs, Statements
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Treaty Bodies’ sessions, press releases
Chairpersons’ meetings and Inter-Committee meetings
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HRTD Newsletter (quarterly)
Status of ratifications, reservations and declarations
 Website www.universalhumanrightsindex.org
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Access and search Treaty Body, Special Procedure and (soon)
UPR recommendations through several categories
 Fact sheet No. 30 on ‘United Nations Human Rights Treaty
System’ (being revised)
 OHCHR Civil Society Handbook (Chapter IV)