Selected principal United Nations bodies
relevant to law enforcement
General Assembly
Economic and Social Council
Commission on Human Rights
Sub-Commission on the Promotion and Protection
of Human Rights
Periodic Congresses on the Prevention of Crime
and the Treatment of Offenders
flict (including the four Geneva Conventions of 1949
and the two Protocols additional to the
Conventions). All of these instruments are fully
legally binding on States that are party to them.
4. Who makes the rules?
The international legal system, as outlined in the
Charter of the United Nations, is built around a community of States. The law governing that system is
therefore law for, by and about States. It is the States
themselves who make the rules, through the development of custom, the development of treaties and the
development of international declarations, guidelines
and bodies of principles. States agree on the content of
these sources and agree to be bound by them. In the
case of human rights, while it is individuals and groups
who are protected, it is the conduct of States (and State
actors) that is regulated.
5.
6.
Who monitors human rights?
Of course, merely listing a set of rules is not enough to
ensure their application. Accordingly, the implementation of human rights standards is closely watched at
several levels. At the national level, human rights are
monitored by:
●
●
Where are the rules made?
Human rights standards are developed and codified in
various international forums through a process whereby representatives of States members of those forums
meet, usually repeatedly over a period of years, to work
out the form and content of international human rights
instruments, article by article and line by line. In
United Nations forums, all States are invited to attend
and participate in the drafting so as to ensure that the
final document reflects the views and experience of all
regions of the world and all major legal systems.
Whether for a binding treaty or for an authoritative declaration, every proposal is closely scrutinized and
debated until a final text is agreed on. Even then, in the
case of treaties, a State is not bound by the instrument
until it has signed and ratified (or acceded to) it.
Instruments of universal application are drafted and
adopted in United Nations bodies, especially the
General Assembly, the Economic and Social Council,
the Commission on Human Rights and the periodic
United Nations Congresses on the prevention of crime.
Additionally, expert studies on various human problems, which may lead to the development of new
human rights standards, are undertaken each year by
the United Nations Sub-Commission on the Promotion
and Protection of Human Rights. Lastly, a number of
important regional human rights instruments have been
developed by the major regional organizations, which
are the Council of Europe, the Organization of
American States and the Organization of African Unity.
●
Concerned government agencies and services,
including the police;
National human rights institutions (such as a
human rights commission or an ombudsman);
Human rights and other non-governmental
organizations (NGOs);
●
The courts;
●
Parliament;
●
The media;
●
Professional organizations (such as lawyers,
doctors, etc.);
●
Trade unions;
●
Religious organizations; and
●
University centres.
At a second level, regional organizations have
developed mechanisms to monitor human rights within the relevant countries. Such mechanisms include the
Inter-American Commission on Human Rights, the
Inter-American Court of Human Rights, the African
Commission on Human and Peoples’ Rights, the
European Commission of Human Rights, the
European Court of Human Rights and the Committee
of Ministers of the Council of Europe. At the international (global) level, human rights are monitored by a
number of international NGOs and by the United
Nations.
Within the United Nations, four principal types of
monitoring are carried out. The first is “conventional”
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