The United Nations system for the promotion and protection of human rights
consists of two main types of body :
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bodies created under the UN Charter, including the Council
(formerly Commission) of Human Rights |
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bodies created under the international human rights treaties, named
treaty bodies |
In 2006, the UN
carried a reform replacing the HR Commission (that hold yearly sessions)
by the HR Council, composed of 47 delegates elected by Member States. The
Council has meetings all year long.
Human Rights Council
On March 15th, 2006, the UN General Assembly voted on a resolution setting
up a new Human Rights Council, to replace the Human
Rights Commission created in 1946. The resolution was adopted by a vote
of 170 in favour with 4 against and 3 abstentions.
The new Council will have 47 members, elected by a majority vote by the
General Assembly, to a 3 year renewable mandate. It will hold more frequent
meetings than the current Commission, and all year round. It will have the
capacity to summon up extraordinary sessions, introducing moreover the principle
of universal periodic examination.
| 61th Commission
Session (March 15th to April 22nd 2005) : texts and comments |
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Secretary-General
Koffi Annan's Speech to the Commission on April 7th 2005 «
Without Reform UN Credibility is at Stake ». |
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«A la Commission des droits de l'homme, désigner les
Etats coupables de violations ne fait plus recette», Article
by Samuel Gardaz in newspaper Le Temps, April 12th 2005. |
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The UN High Commissioner for Human
Rights
The UN High Commissioner for Human Rights, who is the principal UN official
with responsibility for human rights and is accountable to the Secretary-
General, has been given the task of integrating human rights thinking and
standards throughout the work of the Organization. The High Commissioner’s
Office was established in 1993. Mrs Louise Harbour, a Canadian citizen,
has served as High Commissioner since July 2004.
- Louise Harbour : «Mon
mandat est au service des détenteurs des droits» (Fr)
- Interview
of High Commissioner Louise Harbour (Fr) in Le Temps
The High Commissioner’s mandate
The High Commissioner seeks to lead the international
human rights movement by acting as a moral authority and voice for victims
of human rights crises. The work of the High Commissioner’s Office
leans on the Universal Declaration of Human Rights (1948) and on a range
of treaties.
There are seven human rights treaty bodies, that are committees of independent
experts that monitor implementation of the core international human rights
treaties :
There are three main procedures for bringing complaints of violations of
the provisions of the human rights treaties before the human rights treaty
bodies :
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Individual communications |
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State-to-state complaints |
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Inquiries |
Note : not all committees have the right to consider such complaints.
The ability of individuals to complain about the violation of their rights
in an international arena brings real meaning to the rights contained
in the human rights treaties.
| Individual Communications |
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Four of the human rights treaty bodies (HRC, CERD, CAT and CEDAW) may, under
certain circumstances, consider individual complaints or communications
from individuals. Who can complain ?
Any individual who claims that her or his rights have under the
covenant or convention have been violated by a State party to that treaty
may bring a communication before the relevant committee, provided that
the State has recognized the competence of the committee to receive such
complaints. Complaints may also be brought by third parties on behalf
of individuals provided they have given their written consent or where
they are incapable of giving such consent.
Inter-State Complaints
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Several of the human rights treaties contain provisions to allow for State
parties to complain to the relevant treaty body about alleged violations
of the treaty by another State party.
Note : these procedures have never been used.
The Committee Against Torture and the Committee on the Elimination of Discrimination
Against Women may, on their own initiative, initiate inquiries if they have
received reliable information containing well-founded indications of serious
or systematic violations of the conventions in a State party.
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