18. As with the ICCPR and ICESCR, these treaties also provide for mechanisms
to monitor State compliance with their obligations. These include State
reporting procedures, inquiries,17 and communication procedures.18 The
latter permit States19 and individuals to submit a complaint alleging
violations of the rights in the respective treaty. The State of Palestine has
not ratified any of the Optional Protocols or made the necessary
declarations which permit the right to individual petition to the UN human
rights treaties.
E. Additional UN Mechanisms to Protect and Promote Human Rights
19. Under the UN Charter, through the UN’s Human Rights Council, Universal
Periodic Review (UPR) has been established.
20. Under UPR, all UN Member States must submit to a 4 yearly audit of human
rights protection within their jurisdictions. The first cycle of this process has
been concluded and therefore all member States of the UN have been
reviewed now at least once.
21. UPR is based on three reports: a national report prepared by the
government; a report by the Office of the High Commissioner for Human
Rights (OHCHR) which includes information from other UN agencies and
programmes and civil society organisations; and an ‘outcome report’ listing
recommendations made to the State under review, including those that it
accepted and which it will have to implement before the next review.
22. UPR is a peer review mechanism. It is a dialogue between Member States
on the Human Rights Council and the State under review. The process is
intended to be cooperative, constructive, non-confrontational and nonpolitical. There is no obligation to accept the recommendations of the
outcome report. There are no punitive measures.
23. As well as the treaty bodies identified above and UPR, the UN has also
developed additional procedures to protect and promote human rights
mandated under the Charter itself. These are important because they are
applicable to all members of the UN without reference to whether they have
become parties to particular treaties.
24. Thematic special rapporteurs, independent experts and working groups
have a broad mandate to investigate and report on the causes and
consequences of the violations of the particular right in question. They thus
attempt to identify commonalities in violations, draw broad conclusions, and
17
Article 20 UNCAT; Article 8 Optional Protocol CEDAW; Article 6, Optional Protocol to the CRPD;
Article 33 ICCPED; Article 11 Optional Protocol, ICESCR; Article 13 Optional Protocol to the UNCRC.
18 Under ICCPR; ICERD; CAT; CEDAW; CRPD; CED and ICESCR. The communication procedures
for the Committee on Migrant Workers and the Committee on the Rights of Child have yet to enter into
force.
19 These have never been used but are available before: CAT, CMW, CED, ICESCR and CRC. There
is a dispute resolution procedure before CERD and the CRPD Committee.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents