“A very good dialogue”?

2020 ◽  
Vol 10 (2) ◽  
pp. 171-193
Author(s):  
Derek Wallace
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Monitoring System ◽  
Children's Rights ◽  
Constructive Dialogue ◽  
Treaty Monitoring ◽  
State Compliance ◽  
The United Nations ◽  
Enforcement Mechanisms ◽  
Oral Component

Abstract This article builds on previous research on the communicational practices of the United Nations human rights monitoring system (Wallace 2017). Treaties such as those responsible for women’s and children’s rights lack direct enforcement mechanisms, so interest falls on the means by which treaty monitoring committees can encourage state compliance. The proceedings are bookended by writing (state reports and committee concluding observations), the focus of my earlier research. However, there is also an oral component, invariably characterized by the committees (but less frequently by the states) as “constructive dialogue” where the objective is “to assist and not to judge.” I explicate the structure and practices of these proceedings and find much that is justifiable, given the communicational context, but also some potential for reconsideration.

scholarly journals THE UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD AND PROTECTION OF CHILDREN’S RIGHTS AT CONSTITUTIONAL LEVEL

2016 ◽  
pp. 0-0
Author(s):  
Марина Шелютто ◽  
Marina SHyelyutto
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Children's Rights ◽  
International Standards ◽  
Children’S Rights ◽  
Cultural Rights ◽  
Rights Of The Child ◽  
United Nations Convention ◽  
The United Nations ◽  
Venice Commission

The adoption of the United Nations Convention on the Rights of the Child in 1989 meant the international recognition of children as autonomous right-holders. The Convention includes practically all traditional human rights: civil, political, economic, social and cultural rights, to which every child is entitled. The Report on the Protection of Children’s Rights: International Standards and Domestic Constitutions adopted by the Venice Commission in 2014 shows that national constitutions of some Council of Europe Member States have implemented the provisions of the Convention in different manner after its adoption. Some constitutions (the Russian Constitution is among them, too) reflect the traditional paternalistic approach (according to which children need protection) but not the rights-based approach. The inclusion in the Constitution of guarantees of rights for everyone may be insufficient to ensure respect for these rights for every child. The recommendations of the UN Committee on the Rights of the Child and the Venice Commission to include in national constitutions the key message that children are holders of human rights and the general principals of the Convention are topical for the Russian Federation.

scholarly journals Ethiopia Before The United Nations Treaty Monitoring Bodies

Afrika Focus ◽  
2007 ◽  
Vol 20 (1-2) ◽  
pp. 49-74
Author(s):  
Eva Brems
Keyword(s):  
Human Rights ◽  
United Nations ◽  
The State ◽  
International Human Rights ◽  
International Convention ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Treaty Monitoring ◽  
International Human ◽  
The United Nations

Ethiopia before the United Nations Treaty Monitoring Bodies Among the many human rights conventions adopted by the UN, seven are known – together with their additional protocols – as the core international human rights instruments: ‒ The International Convention on the Elimination of All Forms of Racial Discrimination; ‒ The International Covenant on Civil and Political Rights; ‒ The International Covenant on Economic, Social and Cultural Rights; ‒ The Convention on the Elimination of all Forms of Discrimination against Women; ‒ The Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment; ‒ The Convention on the Rights of the Child; ‒ The International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families. The main international control mechanism under these conventions is what may be considered the standard mechanism in international human rights protection: state reporting before an international committee. An initial report is due usually one year after joining the treaty and afterwards, reports are due periodically (every four or five years). The international committees examine the reports submitted by the state parties. In the course of this examination they include information from other sources, such as the press, other United Nations materials or NGO information. They also hold a meeting with representatives of the state submitting the report. At the end of this process the committee issues 'concluding observations' or 'concluding comments'. This paper focuses on the experience of one state – Ethiopia – with the seven core human rights treaties. This should allow the reader to gain insights both into the human rights situation in Ethiopia and in the functioning of the United Nations human rights protection system.

The Committee on Enforced Disappearances: Challenges Ahead

2012 ◽  
pp. 127-168
Author(s):  
Gabriella Citroni ◽  
Maria Giovanna Bianchi
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Convention ◽  
Good Practices ◽  
Treaty Monitoring ◽  
Rules Of Procedure ◽  
The Creation ◽  
The United Nations ◽  
United Nations System ◽  
Nations System

The International Convention for the Protection of All Persons from Enforced Disappearance was adopted on 20 December 2006 by the United Nations and opened for signature in Paris on 6 February 2007. The Convention entered into force on 23 December 2010. A new treaty-monitoring body within the United Nations system, named Committee on Enforced Disappearances , is entrusted with the implementation of the Convention. The establishment of this new human rights mechanism at a time when the whole system of human rights treaty bodies is being reviewed was extensively debated during the negotiations for the Convention. Nevertheless, the position of those that favoured the creation of a new committee eventually prevailed. The article aims at examining the various functions entrusted to the Committee, some of which are of an especially original nature compared to other United Nations treaty-monitoring bodies. Reference is made to good practices developed by other human rights mechanisms (both treaty bodies and special procedures within the United Nations, as well as regional human rights courts) that the Committee on Enforced Disappearance could consider, as well as potential mistakes to be avoided. The article will analyze both substantive matters relating to the interpretation of the provisions of the Convention, and more practical details concerning the functioning of the Committee, its methods of work and rules of procedure.

9. Monitoring, implementing, and enforcing human rights

2019 ◽  
pp. 144-170
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights ◽  
System P ◽  
International Human ◽  
The United Nations ◽  
Enforcement Mechanisms ◽  
The Individual ◽  
Inter State

This chapter examines the monitoring, implementation, and enforcement mechanisms of the United Nations, and discusses the reports system, the inter-State complaints system, and the individual complaints system. It describes the use of rapporteurs and special investigators; ancillary bodies; and some of the problems of the international human rights system.

Dealing with Individual Cases: An Essential Role for National Human Rights Institutions for Children?

2010 ◽  
Vol 18 (3) ◽  
pp. 417-436 ◽  
Author(s):  
Osian Rees
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Essential Role ◽  
Children's Rights ◽  
Children’S Rights ◽  
Rights Of The Child ◽  
National Human ◽  
Essential Function ◽  
The United Nations ◽  
National Human Rights Institutions

AbstractThis article considers whether or not dealing with individual cases by means of an advocacy or investigatory function should be regarded as an essential function for national human rights institutions for children. Based on an analysis of international expectations, particularly the view of the United Nations Committee on the Rights of the Child, and the views and experiences of various institutions in practice, it is argued that the function is essential, due to its importance in addressing individual violations of children's rights, and its potential for bringing about systemic changes. Consideration is also given to the question of whether institutions should have quasi-judicial competence.

Art.36 Consideration of Reports

2018 ◽  
Author(s):  
Combrinck Helene
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights ◽  
Persons With Disabilities ◽  
Social Council ◽  
Human Rights Treaties ◽  
International Monitoring ◽  
Treaty Monitoring ◽  
United Nations Convention ◽  
The United Nations

This chapter examines Article 36 of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), which sets out one of the CRPD’s international monitoring mechanisms, viz the consideration of state reports by the Committee on the Rights of Persons with Disabilities. Every human rights treaty contains certain ‘directives’ for the treaty monitoring body on how to respond to reports from member states. The notion of monitoring human rights implementation through the review of periodic reports had its origins in a 1956 resolution of the United Nations Economic and Social Council which requested states to submit, every three years, reports on progress achieved in advancing the rights set out in the Universal Declaration of Human Rights. By 1977, a reporting requirement had been included into each of the ‘core’ international human rights treaties. This has become a standard feature of all subsequent human rights treaties, including the CRPD.

10. Monitoring, implementing, and enforcing human rights

2017 ◽  
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Human Rights ◽  
System P ◽  
International Human ◽  
The United Nations ◽  
Enforcement Mechanisms ◽  
The Individual ◽  
Inter State

This chapter examines the monitoring, implementation, and enforcement mechanisms of the United Nations, and discusses the reports system, the inter-State complaints system, and the individual complaints system. It describes the use of rapporteurs and special investigators; ancillary bodies; and some of the problems of the international human rights system.

Human Rights Education

2020 ◽  
pp. 697-717
Author(s):  
R. Brian Howe ◽  
Katherine Covell
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Formal Education ◽  
Children's Rights ◽  
Children’S Rights ◽  
Human Rights Education ◽  
Political Commitment ◽  
Normative Framework ◽  
Rights Of The Child ◽  
The United Nations

This chapter discusses the need for and value of children’s human rights education (HRE). It does so within the normative framework of the UN Convention on the Rights of the Child and related human rights instruments. The chapter discusses the growth of an international movement for HRE, models of HRE, and initiatives for children’s HRE in schools and non-formal education. Such initiatives are scattered and limited in scope. However, where comprehensive children’s rights education is provided, the evidence shows its success in teaching children about, through, and for human rights. It suggests also that children’s HRE can provide the framework for building a culture of human rights. In essence, children’s HRE is consistent with the goals of HRE described by the United Nations. The chapter concludes with a discussion of the lack of political commitment as an overarching challenge for HRE.

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