scholarly journals The 2020 United Nations human rights treaty body review process: prioritising resources, independence and the domestic state reporting process over rationalising and streamlining treaty bodies

Author(s):  
Jeremy Sarkin
Author(s):  
Andrew Clapham

How are human rights put into practice? What does it mean when governments announce that their foreign policy is concerned with promoting and protecting human rights? Where is the enforcement of these rights? ‘Human rights foreign policy and the role of the United Nations’ considers human rights in terms of foreign policy and international law and examines the UN’s Universal Periodic Review process and the Office of the High Commissioner for Human Rights. It is only recently that governments have actively involved themselves in how another state treats its nationals, but enthusiasm for human rights in foreign policy ebbs and flows.


2020 ◽  
Vol 12 (1) ◽  
pp. 185-192
Author(s):  
Kate Fox Principi

Abstract The United Nations human rights treaty bodies are independent bodies of experts tasked with monitoring the implementation by states parties of human rights treaties. These bodies monitor the implementation of treaties, inter alia, by making decisions on allegations of individual human rights violations under the individual complaints procedures (these decisions are officially referred to as ‘Views’). The number of complaints to the treaty bodies has increased exponentially since the first complaint was examined by the Human Rights Committee in 1977 and is expected to continue to rise. At the same time, a backlog in cases has increased, as resources have never matched the rise in cases to be considered. In addition, decisions in which the treaty bodies find violations of human rights are not always implemented—that is, states do not necessarily grant the victim of the violation the remedy prescribed by the treaty body examining the case. This current situation is taking place against a global backdrop of increased criticism of human rights: a global pushback against human rights, including from states which have been heretofore human rights supportive. Surely, the response from supporters of human rights should be to reinforce the importance and universality of the treaties as the foundation of human rights norms. This article seeks to demonstrate one way to do so by focusing on implementation of treaty body decisions in individual cases.


1996 ◽  
Vol 9 (2) ◽  
pp. 479-501 ◽  
Author(s):  
James Sloan

In a recent article lamenting the perception of partiality created by an activist judge of the International Criminal Tribunal for the former Yugoslavia (ICTY), one commentator observed the general lack of scrutiny to which the ICTY is being held in its treatment of the rights of the accused. He noted that it “is a court without legal critics: no complaint about its conduct may be made to the Human Rights Committee in Geneva or to the European Court [of Human Rights], and human rights lobbies have tended to look the other way.” Indeed, it is in a position that many governments, fatigued by what many of them consider to be cumbersome reporting obligations and troublesome individual complaints procedures under the United Nations treaty body system, would envy.


2017 ◽  
Vol 10 (5) ◽  
pp. 310-322
Author(s):  
Gayatri Patel

Purpose In 2006, the United Nations’ Human Rights Council was tasked to establish a new human rights monitoring mechanism: the universal periodic review process. The purpose of this paper is to examine the nature of discussions held in the process, over the two cycles of review in relation to women’s rights to access health care services. Design/methodology/approach This investigation is a documentary analysis of the reports of 193 United Nations’ state reports, over two cycles of review. Findings The primary findings of this investigation reveal that despite an apparent consensus on the issue, a deeper analysis of the discussions suggests that the dialogue between states is superficial in nature, with limited commitments made by states under review in furthering the protection of women’s right to access health care services in the domestic context. Practical implications Considering the optimism surrounding the UPR process, the findings reveal that the nature of discussions held on women’s rights to health care services is at best a missed opportunity to make a significant impact to initiate, and inform, changes to practices on the issue in the domestic context; and at worst, raises doubts as to whether the core aim of the process, to improve the protection and promotion of all human rights on the ground, is being fulfilled. Originality/value Deviating from the solely technocratic analysis of the review process in the existing literature, this investigation has considered the UPR process as a phenomenon of exploration in itself, and will provide a unique insight as to how this innovative monitoring mechanism operates in practice, with a particular focus on women’s right to access health care services.


Author(s):  
Egan Suzanne

This chapter studies the initiatives mounted over the years by the United Nations to reform the operation of the treaty body system to respond to persistent difficulties. These have proceeded through a series of distinct initiatives which include the expert reports produced by Professor Philip Alston between 1989 and 1997; the ‘Unified Standing Treaty Body’ proposal championed by the former UNHCHR, Louise Arbour; and the so-called ‘Dublin process’ spearheaded by her successor to the post, Navanethem Pillay, which itself prompted the initiation of an inter-governmental process on treaty body reform. The chapter then traces the outcomes of the reform agenda as it has unfolded over the years, highlighting the nature of the processes adopted and culminating in a cautious prognosis for the future.


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