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9 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Main Functions of Treaty-Bodies
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1. Examine periodic reports Submitted by states parties
2. Consider interstate complaints 3. Consider individual complaints 4. Investigate apparent systematic violations 5. Issue general Comments |
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Main Activities of Special Procedures
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1. Standard-setting activities
2. Promotional Activities 3. Investigatory activities 4. Urgent Appeals |
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Common Criticisms
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-Lack of Enforcement Power
All of these bodies rely on the belief that states will listen, that states will care They have no power to reprimand those that do not listen -Selectivity (Double Standard); In many of these examinations it is perceived that larger powers (and their friends) are not treated as harshly as the smaller ones. They get away with more human rights violations -Vague Provisions Vagueness allow different interpretations -Too many different Agencies -Credibility of the bodies Who makes the judgments? The committees are made up of government bodies. So which government is good, which is bad? |
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Key characteristics of treaty-bodies:
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a. Bilateral: Matters only for states parties
b. Formal dialogue with government officials a. Treaty bodies are somewhat passive. They relay and receive information c. Dependent on reports by governments and NGOs d. Comprehensive and sustained examination of relevant human rights issues to reach some judgment |
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Key characteristics of charter-bodies:
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a. Multilateral: Concerns all UN members
b. Flexible investigation of any situations a. They do more active investigations and actions c. More sophisticated fact-finding activities including on-the-spot visits d. Focus on face-elucidation and information-disseminations, not judgment |
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Special Procedure
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"Special procedures" is the name given to the mechanisms established by the former United Nations Commission on Human Rights and continued by the Human Rights Council to monitor human rights violations in specific countries or examine global human rights issues.
-Various activities can be undertaken by special procedures, including responding to individual complaints, conducting studies, providing advice on technical cooperation, and engaging in promotional activities. |
Special procedures can be either individuals (called "Special Rapporteurs")--who are leading experts in a particular area of human rights
-or working groups usually composed of five members. -Special procedures also include Working Groups made up of legal experts who monitor and investigate specific human rights concerns. |
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When Cold War Ended... 1990s
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-Human Rights Commission and Human Rights SubCommission (Commissions which were relatively successful for 50 years) “suddenly” ended when the Cold War ended.
-HR Commission had 54 state members; The big powers did not like the democracy of the HRC, because “horrible” countries managed to be elected into the 54 states |
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New: Human Rights Counsel
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-In this new counsel, everyone can/ is able to talk: all countries, NGOs, all states, etc
1. The Big powers did not want democracy, but aristocracy 2. The democratic nature of human rights has not been replaced in the new Human Rights Counsel aristocracy. |
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[More...]
1503 Procedure |
The Subcommission could call any country, exactly like a criminal, to appear in front of the Subcommission and defend your procedure, answering questions that are pelted at you.
And if they were to find you guilty, the SubCommission would call the HRCommission, and then all the way to the Security Counsel = Bad news. -This experience is terrible for a country |
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