INTERNATIONAL HUMAN RIGHTS MECHANISMS TREATY AND NONTREATY MECHANISMS

INTERNATIONAL HUMAN RIGHTS MECHANISMS: TREATY AND NON-TREATY MECHANISMS

Treaty Articles CCPR Arts. 28 -45 Human Rights Committee International treaties CESCR Arts. 16 -22 CERD Arts. 8 -15 Arts. 17 -22 TREATY CEDAW Body Regional treaties Committee on Economic, Social and Cultural Rights Covered Committee on the Elimination of Racial Discrimination already Committee on the Elimination of Discrimination Against Women CRC Arts. 42 -45 Committee on the Rights of the Child CAT Arts. 17 -24 Committee Against Torture (also SPT under OPCAT) CRPD Arts. 34 -39 Committee on the Rights of Persons with Disabilities CRMW Arts. 72 -75 Committee on Migrant Workers CPED Arts. 26 -36 Committee on Enforced Disappearance

Treaty Articles CCPR Arts. 28 -45 CESCR Arts. 16 -22 CERD Arts. 8 -15 Arts. 17 -22 TREATY CEDAW CRC Arts. 42 -45 CAT Arts. 17 -24 CRPD Arts. 34 -39 CRMW Arts. 72 -75 CPED Arts. 26 -36 Composition, election and membership Tools 1 2

Who sits on the committees?

Composition and Members Example: Human Rights Committee; CCPR, Art. 28 • The ”Human Rights Committee … shall consist of eighteen members. ” • “The Committee shall be composed of nationals of the States Parties to the present Covenant. ” • ”The Committee shall be … persons of high moral character and recognized competence in the field of human rights. ” • ”[C]onsideration [should be] given to the usefulness of the participation of some persons having legal experience. ” • ”The members … shall serve in their personal capacities. ”

What tools do treaty bodies possess? Periodic Reports & Concluding Observations Inter-State Complaints General Comments Inquiry Procedures Individual Complaints Statements

Purpose: Periodic Reports To institute a sincere&and Concluding Observations constructive dialogue Current problems State reports and shadow reports Failure to submit reports State reports and Concluding Observations are published in full text Failure to comply with Concluding Observations «Treaty body strengthening process» – to be discussed later Reform issues: • Standardizing reports • Single reports

CEDAW CCPR CMW CERD CESCR CRPD CRC CAT CED General Comments A treaty body’s general interpretation of convention provisions Sometimes GCs give easily uncertain accessible, legal basis, and fairly but there authoritative, has never beeninformation any opposition

Ratione personae CCPR CMW CERD CRC CAT CESCR Ratione loci Ratione temporis CEDAW CRPD CED Jurisdiction Individual Complaints Ratione materiae Procedural Opt-in / opt-out Substantive requirements Collective complaints? Admissibility criteria Committee’s «views» States’ duty to comply

SPT If a Committee receives well-founded indications of serious or systematic violations of the conventions in a State party • Established by OPCAT 2002/2006 • Operational 2007 • Mandate: • Operational function • Advisory function Inquiry Procedures CAT CRC CEDAW Confidential Opt-in / opt-out procedures

Similar function as General Comments: Statements give easily accessible, and fairly authoritative, information “With a view to assisting States parties to the Covenant, the Committee adopts statements to clarify and confirm its position with respect to major international developments and issues bearing upon the implementation of the Covenant. ” Statements CESCR CEDAW (CAT)

The treaty body strengthening process Non-exhaustive list of proposals

Time for discussion, if time allows • Consider the following statement: «Regional and international human rights treaty bodies are unable to respond adequately to systematic and large-scale human rights violations. » True or false?

Conflicts of norms • Conflicts between norms in different treaties: Read Article 14 CRPD (http: //ohchr. org/EN/HRBodies/CRPD/Pages/Convention. Rights. Pers ons. With. Disabilities. aspx#14) and Article 9 ICCPR (http: //ohchr. org/EN/Professional. Interest/Pages/CCPR. aspx). Can persons with a mental illness be deprived of their liberty for the purpose of forced treatment/medication or because they represent a danger to themselves or to others? • Conflicts between norms in the same treaty: Read Article 8 and 10 ECHR (http: //echr. coe. int/Documents/Convention_ENG. pdf). Can a tabloid paper publish paparazzi photos of a celebrity wedding against the celebrity’s will? Read the ECt. HR’s judgment in Lillo. Stenberg and Sæther v. Norway (http: //hudoc. echr. coe. int/eng? i=001 -140015) (or the more high profile cases relating to Princess Caroline of Monaco, but those cases are a bit longer, see e. g. von Hannover v. Germany (no. 2), http: //hudoc. echr. coe. int/eng? i=001 -109029).