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HUMAN RIGHTS
 
Charter-based Bodies

Human Rights Council

Commission on Human Rights

Advisory Committee

Subcommission on the Promotion and Protection of Human Rights


Treaty-based Bodies

Committee against Torture
Committee on Economic, Social and Cultural Rights
Committee on the Elimination of Discrimination against Women
Committee on the Elimination of Racial Discrimination
Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families
Committee on the Rights of the Child
Human Rights Committee

 
  Introduction

Human rights are recognized as fundamental by the United Nations and, as such, feature prominently in the Preamble of the Charter of the United Nations: "... to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small...". One of the early acts of the General Assembly was to draft and adopt the Universal Declaration of Human Rights (resolution 217 A of 10 December 1948).

As an indication of the continuing importance of this vast field, the General Assembly created the Human Rights Council in 2006. This new body is charged, inter alia, to review and improve the mechanisms of human rights monitoring; UN documentation related to human rights is evolving to reflect the new practices.

The Organization's prominent role in this area is carried out by a number of human rights bodies. When researching human rights issues, a distinction must be made between Charter-based and treaty-based human rights bodies.

Charter-based bodies:

  • derive their establishment from provisions contained in the Charter of the United Nations,
  • hold broad human rights mandates,
  • address an unlimited audience, and
  • take action based on majority voting.

Treaty-based bodies:

  • derive their existence from provisions contained in a specific legal instrument,
  • hold more narrow mandates (i.e., the set of issues codified in the legal instrument involved),
  • address a limited audience (i.e., only those countries that have ratified the legal instrument in question), and
  • base their decision-making on consensus.

Reflecting this distinction, the human rights documentation posted on the website of the Office of the High Commissioner is organized into two databases: Charter-based bodies and Treaty bodies. A third database, the Universal Human Rights Index, provides access to human rights information by country, by rights, or by body.

By resolution 48/141 of 20 December 1993, the General Assembly created the post of United Nations High Commissioner for Human Rights. The Office of the High Commissioner for Human Rights (www.ohchr.org) provides secretariat support for all UN human rights bodies.

  • Each year the High Commissioner reports on the activities carried out by the Office of the High Commissioner; this report is issued as Supplement No. 36 to the Official Records of the General Assembly (e.g., A/62/36). A complete list of the annual reports, can be found in the UN-I-QUE database.

  • Statements made by the High Commissioner can be retrieved through the OHCHR Media Centre.

  • The Office of the High Commissioner also administers the communications/complaints procedures available under the various human rights bodies.



  Charter-based bodies


Human Rights Council

The Human Rights Council was established by General Assembly resolution 60/251 of 15 March 2006. The Council meets at least three times annually and reports to the General Assembly.

  • Working documents are issued under the series symbol A/HRC/-.

  • Summary records of meetings are issued under the series symbol A/HRC/[session]/SR.[meeting number] (e.g., A/HRC/6/SR.27: summary record of the 27th meeting of the 6th session on 11 December 2007).

  • The sessional reports are published as Supplement 53 to the Official Records of the General Assembly (e.g., A/62/53). They provide summaries of the work concluded and contain the texts of resolutions and decisions adopted by the Council. A complete list of the sessional reports (2006 onwards) can be found in the UN-I-QUE database.

  • Resolutions and decisions are not released as separate documents in paper format but may be retrieved as individual items through the Charter-based bodies database.

  • Full text documents of the Council are retrievable from the Charter-based bodies database, UNBISnet, and the Official Document System of the UN (ODS).

  • UN Headquarters press releases for the Council, issued under the series symbol HRC/-, are accessible through the search option at the Press Releases website. Press releases from the Office of the High Commissioner can be retrieved through the OHCHR Media Centre website.

The Council has responsibility for the special procedures originally established by the Commission on Human Rights. The special procedures include special rapporteurs, special representatives, independent experts, and working groups, that investigate, discuss, and report on specific human rights issues under a country mandate or thematic mandate.

In addition, by General Assembly resolution resolution 60/251 of 15 March 2006, the Human Rights Council is mandated to undertake a universal periodic review of each state's fulfillment of its human rights obligations and commitments. The modalities of the universal periodic review were decided in the fifth session of the Council (see A/62/53). The Secretary-General has compiled guidelines on the form and content of reports to be submitted by States parties to the international human rights treaties (HRI/GEN/2/Rev.5, as at August 2008 only English, Russian and Spanish have been issued).


Commission on Human Rights

The Commission on Human Rights was established by Economic and Social Council resolution 5 (I) of 16 February 1946. The Commission met in annual and, when required, special sessions and reported to the Economic and Social Council (ECOSOC). The Commission on Human Rights concluded its 62nd and final session on 27 Mar. 2006; its work is continued by the Human Rights Council.

The Commission had established special procedures: special rapporteurs, representatives or experts and working groups that investigated, discussed and reported on specific human rights issues under a country mandate or thematic mandate. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports on extrajudicial, summary and arbitrary executions). The full text of recent reports can be retrieved from the Charter-based bodies database, UNBISnet and the Official Document System of the United Nations (ODS).


Human Rights Council Advisory Committee

The Human Rights Council Advisory Committee was established by Human Rights Council resolution 5/1 of 18 June 2007; General Assembly resolution 62/219 of 22 December 2007, inter alia, endorses the decision of the Human Rights Council to adopt resolution 5/1 (see A/62/53).

This is a new body and the pattern of documentation has not yet been established. The Advisory Committee supercedes the Subcommission on the Promotion and Protection of Human Rights.


Subcommission on the Promotion and Protection of Human Rights

The Subcommission on the Promotion and Protection of Human Rights was established by the Commission on Human Rights under the authority of Economic and Social Council resolution 9 (II) of 21 June 1946. The name was changed from Subcommission on Prevention of Discrimination and Protection of Minorities by ECOSOC decision 1999/256 of 27 July 1999. The Subcommission met in annual sessions from 1947 - 2006. Prior to 19 June 2006, the Subcommission reported to the Commission on Human Rights; its final report was submitted to the Human Rights Council. A complete listing of the sessional reports (1947-2006) can be found in the UN-I-QUE database. The work of the Subcommission is continued by the Human Rights Council Advisory Committee.

Reports were also presented to the Subcommission by working groups and special rapporteurs. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports on contemporary forms of slavery). The full text of recent reports can be retrieved from the Charter-based bodies database, UNBISnet and the Official Document System of the United Nations (ODS).


 Treaty-based bodies

Committee against Torture

The Committee against Torture was established pursuant to Article 17 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to supervise the implementation of the Convention. The current status of the Convention is posted on the website of the High Commissioner. The Committee meets in two sessions each year in Geneva.

States Parties to the Convention are required by Article 19 to submit an initial report on the measures taken to give effect to their undertakings under the Convention within one year after its entry into force for the State Party concerned and thereafter every four years. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports submitted by Canada). The full text of recent reports as well as report preparation guidelines can be retrieved from the Treaty body database, UNBISnet and the Official Document System of the United Nations (ODS).


Committee on Economic, Social and Cultural Rights

The Committee on Economic, Social and Cultural Rights was established by Economic and Social Council resolution 1985/17 to supervise the implementation of the International Covenant on Economic, Social and Cultural Rights but functions like a treaty body. The current status of the Covenant is posted on the website of the High Commissioner. The Committee currently meets in three sessions each year in Geneva.

States Parties to the Covenant are required by Economic and Social Council resolution 1988/4 to submit an initial report on the measures they have adopted and the progress made in achieving the observance of the rights recognized within the Covenant within two years of its entry into force for the State Party concerned and thereafter every five years. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports submitted by Denmark). The full text of recent reports as well as report preparation guidelines can be retrieved from the Treaty body database, UNBISnet and the Official Document System of the United Nations (ODS).


Committee on the Elimination of Discrimination against Women

The Committee on the Elimination of Discrimination against Women was established pursuant to Article 17 of the Convention on the Elimination of All Forms of Discrimination against Women to supervise the implementation of the Convention. The current status of the Convention is posted on the website of website of the High Commissioner. The Committee meets in two sessions each year. Beginning in 2008, the meetings are held in Geneva; previously all meetings were held in New York.

States Parties to the Convention are required by Article 18 to submit an initial report on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of the Convention within one year after its entry into force for the State Party concerned and thereafter every four years. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports submitted by Costa Rica). The full text of recent reports as well as report preparation guidelines can be retrieved from the website, the Treaty body database, UNBISnet and the Official Document System of the United Nations (ODS).


Committee on the Elimination of Racial Discrimination

The Committee on the Elimination of Racial Discrimination was established pursuant to Article 8 of the International Convention on the Elimination of All Forms of Racial Discrimination to supervise the implementation of the Convention. The current status of the Convention is posted on the website of the High Commissioner. The Committee meets in two sessions each year in Geneva.

States Parties to the Convention are required by Article 9 to submit an initial report on the legislative, judicial, administrative or other measures which they have adopted and which give effect to the provisions of the Convention within one year after its entry into force for the State Party concerned and thereafter every two years. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports submitted by Botswana). The full text of recent reports as well as report preparation guidelines can be retrieved from the Treaty body database, UNBISnet and the Official Document System of the United Nations (ODS).


Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

The Committee on the Protection of the Rights of All Migrant Worker and Members of Their Families was established pursuant to Article 72 of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families to supervise the implementation of the Convention. The current status of the Convention is posted on the website of the High Commissioner. The Committee meets in Geneva.

States Parties to the Convention are required by Article 73 to submit an initial report on measures adopted which give effect to the rights recognized therein and on the progress made on the enjoyment of those rights within one year of its entry into force for the State Party concerned and thereafter every five years. A complete listing of these reports can be found in the UN-I-QUE database (e.g., report submitted by Mali). The full text of recent reports as well as provisional guidelines on report preparation can be retrieved from the Treaty body database, UNBISnet and the Official Document System of the United Nations (ODS).


Committee on the Rights of the Child

The Committee on the Rights of the Child was established pursuant to Article 43 of the Convention on the Rights of the Child to supervise the implementation of the Convention. The current status of the Convention is posted on the website of the High Commissioner. The Committee meets in three sessions each year in Geneva.

States Parties to the Convention are required by Article 44 to submit an initial report on measures adopted which give effect to the rights recognized therein and on the progress made on the enjoyment of those rights within two years of its entry into force for the State Party concerned and thereafter every five years. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports submitted by Thailand). The full text of recent reports as well as report preparation guidelines can be retrieved from the Treaty body database, UNBISnet and the Official Document System of the United Nations (ODS).


Human Rights Committee

The Human Rights Committee was established pursuant to Article 28 of the International Covenant on Civil and Political Rights. The current status of the Covenant is posted on the website of the High Commissioner. The Committee meets in three sessions each year in New York and Geneva.

States Parties to the Covenant are required by Article 40 to submit an initial report on the measures they have adopted which give effect to the rights recognized within the Covenant and on the progress made in the enjoyment of those rights within one year of its entry into force for the State Party concerned and thereafter every five years. A complete listing of these reports can be found in the UN-I-QUE database (e.g., reports submitted by Jordan). The full text of recent reports as well as report preparation guidelines can be retrieved from the Treaty body database, UNBISnet and the Official Document System of the United Nations (ODS).

The Committee also considers communications under the Optional Protocol received from individuals who assert that their rights (as enumerated in the Covenant) have been violated without domestic redress. The texts of the Committee's final decisions under the Protocol are included in its annual reports (e.g., A/61/40 (Vol. II)), as well as periodically cumulated on a selective basis.


  Human Rights Documentation


A more comprehensive listing of United Nations documents and publications on human rights issues can be identified through the UNBISnet database. UNBISnet provides links to the full text of recent documentation. Subject terms which might prove useful in conducting a search are: arbitrary detention; capital punishment; economic, social and cultural rights; genocide; human rights in armed conflicts; human rights violations; religious intolerance; right to development; right to food; right to peace; torture and other cruel treatment; war crimes; etc. Additional descriptors may be indentified through the UNBIS Thesaurus. Proper names (e.g., Declaration on a Culture of Peace; Expert Seminar on Human Rights and Extreme Poverty) may also be used for constructing subject searches.


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