B. What do the human rights treaty bodies do?
The treaty bodies perform a number of functions aimed at monitoring how the
treaties are being implemented by their State parties. All treaty bodies, with
the exception of the Subcommittee on Prevention of Torture, are mandated to
receive and consider reports submitted periodically by State parties detailing how they are applying the treaty provisions nationally. The treaty bodies
issue guidelines to assist States with the preparation of their reports, draft
general comments interpreting the treaty provisions and organize discussions
on themes related to the treaties. Some, but not all, treaty bodies also perform
a number of additional functions aimed at strengthening the implementation
of the treaties by their State parties. Most treaty bodies may consider complaints or communications from individuals alleging that their rights have been
violated by a State party, provided that State has opted into this procedure.
Some may also conduct inquiries and consider inter-State complaints.
The following surveys the activities undertaken by the treaty bodies in accordance with their mandates. Although the ten treaty bodies listed above
are presented together as part of a coordinated treaty monitoring system,
it should be noted that each treaty body is an independent committee of
experts, which has a mandate related to a specific treaty. The treaty bodies
nevertheless continue their efforts to coordinate their activities, even if their
procedures and practices may differ as a result of variations in their individual mandates under the relevant treaty or optional protocol.6
C. Consideration of State parties’ reports
The primary mandate of all the committees, except the Subcommittee on
Prevention of Torture, is to review the reports submitted periodically by State
parties in accordance with the treaties’ provisions. Within this basic mandate, the treaty bodies have developed practices and procedures that have
proved remarkably effective in scrutinizing the extent to which States have
met their obligations under the human rights treaties to which they are a party
and encouraging further implementation. The following presents the essential
common features of the consideration of State reports by the treaty bodies:
The State’s obligation to report
In addition to their obligation to implement the substantive provisions of the
treaty, each State party is also under an obligation to submit regular reports
to the relevant treaty body on how the rights are being implemented.
More precise information relating to a specific treaty body’s procedures can be found in the
relevant fact sheet for that committee. Most committees’ working methods are also posted on
the OHCHR website (www.ohchr.org).
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