thereby contributing to the development of an
international jurisprudence of human rights.
The work of the Committee on the Elimination of
Discrimination against Women, the Committee
on the Rights of the Child and the Human Rights
Committee is cited most frequently throughout
the Commentary. However, it is important to
acknowledge that most of the human rights
treaty-based bodies – including the Committee
on Economic, Social and Cultural Rights, the
Committee against Torture, the Committee
on the Elimination of Racial Discrimination
and the Committee established under the
Migrant Workers Convention – now regularly
raise trafficking and related issues in their
consideration of States parties’ reports.
2.7.2. THE WORK OF THE UNITED NATIONS
SPECIAL PROCEDURES
The United Nations investigatory mechanisms
or “special procedures” are charged with
monitoring, advising and publicly reporting on
a human rights situation in a specific country
(country mandates) or on a particular issue
(thematic mandates). The term encompasses
special rapporteurs, individual experts and
working groups. The mandate holders of all
special procedures serve in their personal
capacity. They report annually to the United
Nations main political body concerned with
human rights, the Human Rights Council, and,
less frequently, to the General Assembly. All
thematic and country-specific mechanisms are
authorized to receive information relevant to their
mandate from a variety of sources (including
intergovernmental and non-governmental
organizations), and to make recommendations
on preventing or redressing violations. Some
mechanisms are empowered to respond to
allegations of violations by, for example,
establishing a dialogue with complainants
and Governments, or even engaging in actual
investigation of allegations. The reports of
the special procedures can be an important
source of information on and insight into human
rights norms and standards. Because special
procedures are dealing with real situations, they
are often able to identify the practical measures
required by States to protect, respect and fulfil a
certain human right.
The special procedures cited most commonly in
this Commentary are: the Special Rapporteur
on trafficking in persons, especially women and
children; the Special Rapporteur on violence
against women, its causes and consequences;
the Special Rapporteur on torture; and the
Special Rapporteur on the sale of children,
child prostitution and child pornography. Other
relevant special procedures are the Working
Group on Arbitrary Detention and the recently
established Special Rapporteur on contemporary
forms of slavery.
2.7.3. ADDITIONAL SOURCES OF
INFORMATION AND AUTHORITY
The Commentary uses a range of other
materials to supplement the sources cited above.
Interpretive texts that have been developed
in connection with specific treaties, such as
commentaries, travaux préparatoires and
legislative guides, are particularly important
in relation to identifying key obligations under
those instruments. Academic writings provide
additional insight but it is important to note that
such writings cannot create law and are at best
of evidential weight.22
Martin Dixon, Textbook on International Law, 6th ed.
(2007), p. 47.
22
COMMENTARY
31
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