Monitoring Mechanisms Treaty bodies June 27 th 2017 5 pm Geneva 3 pillars of the UN system Security Human rights Development What is a treaty body Its a body established by mandate of a human rights ID: 1029343
Download Presentation The PPT/PDF document "Webinar on UN Human Rights" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
1. Webinar on UN Human Rights Monitoring Mechanisms Treaty bodiesJune 27th 2017 – 5 pm Geneva
2. 3 pillars of the UN systemSecurityHuman rightsDevelopment
3. What is a treaty body?It’s a body established by mandate of a human rights treatyMain function is to monitor the implementation of its corresponding human rights treaty in the States parties
4. TREATY BODIES (COMMITTEES) IN THE UN HUMAN RIGHTS SYSTEM:Committee on the Elimination of all Forms of Racial Discrimination – CERD CommitteeCivil and Political Rights – Human Rights CommitteeCommittee on Economic, Social and Cultural Rights – CESCRCommittee Against Torture – CATSub-Committee on the Prevention of Torture – SPTCommittee on the Elimination of all forms of Discrimination Against Women – CEDAW CommitteeCommittee on the Rights of the Child – CRC CommitteeCommittee on the Rights of all Migrant Workers and their Families – CMW CommitteeCommittee on the Rights of Persons with Disabilities – CRPD CommitteeCommittee on Enforced Disappearances – CED Committee
5. MANDATE AND COMPOSITIONMandate is to monitor the implementation of a human rights treaty in the States PartiesUsually comprised of 18 to 23 independent experts, nationals of States Parties, who serve in their personal capacity, recognized competence and experience in the field.Experts are elected by the Conference of States PartiesIndependent experts serve 4-year terms
6. FUNCTIONS:Review of States parties’ reports Initial reports Periodic reports under simplified reporting procedure (SRP)
7. FUNCTIONS:Individual communications All TBs (but SPT) present this opportunity, usually in OPs (ex. CRPD, CEDAW, now CESCR)Individuals may submit complaints to the TB alleging violation(s) of rights recognized in the treaty. Procedure can take long! Main requirement: exhaustion of domestic remedies available. There are exceptions!The decision is a recommendation (not legally binding, but with high moral authority!). Also depends on national legal system.
8. FUNCTIONS:Inquiry procedures6 TBs, usually in OPs (CAT, CRPD, CEDAW, CESCR, CED and CRC). State parties have to separately and additionally recognize Committee´s competenceThe committee might initiate if has received “reliable information containing well-founded indications of serious, grave or systematic violations of rights”The process is confidential. (info. exchange with the State, appointment of 1 or more members to report to the Committee, findings and recommendations sent to the State.A summary of the outcome may be published it the Committee´s annual report. If the State agree, the report and State`s response might be published.
9. FUNCTIONS:General comments Elaborates on the content of the rights, clarifying States’ obligations and providing guidance for implementation Authoritative position by the expert UN TB on the subjectSpecific article (gc 1 Art 12 CRPD) or specific topic or group (CESCR, gc 5 on persons with disabilities)Compile existing practice and further develop. Room for innovation.
10. FUNCTIONS:Statements and guidelinesStatements reflect the position of the Committee on very important issues it want to address. Ex. Addressing disabilities in large-scale movements of refugees and migrants Guidelines usually relate to the reporting process (ex. Guidelines on periodic reporting, including under the simplified reporting procedure)Both count with the moral authority of the Committee and can provide further insights on specific issues (ex. Guidelines on independent monitoring frameworks and their participation in the work of the Committee, elaborates on the notion of independence under Article 33 of CRPD)
11. PARTICIPATION OF OPDS AND OTHER CSOs IN THE WORK OF CRPD COMMITTEE AND OTHER HR MONITORING MECHANISMSAlternative reporting – situations of the rights of PWDOral presentations (Geneva or Videoconference)Consider appropriate timing and deadlines
12. RATIFICATIONInitial State report InteractivedialoguePeriodic report Committee’s List of issuesConcluding observations (recommendations)Implementation of recommendations by state incl for short term follow upGovernment’s written repliesReporting process in brief
13. Opportunities for OPDsRATIFICATIONInitial report InteractivedialogueCommittee’s List of issuesConcluding observations (recommendations)Government’s written replies to List of issuesConsultation for state party reportDPOs’ parallel reportList of issues written submission - private meeting w/ Committee in GenevaDPO replies to to list of issuesPrivate meeting b/w DPOs & Committee in GenevaImplementation of recommendations by stateAdvocate for implementation of recommendationsIncl short termPeriodic report
14. HUMAN RIGHTS COUNCILUniversal periodic review: Comprehensive HR report – more superficialreview by States (“among peers”)More politically charged process4 years cycleStates under reviewed accept or note recommendations by other States
15. HUMAN RIGHTS COUNCILSpecial rapporteursIndependent experts appointed by the HRCMandate of 3 years (renewable for one time) Their mandate is THEMATICProduce thematic reportsDo country visits Some receive individual complaints
16. Thank you for your attention!
17. Do you have any question or comment?