rights norms. If the State has never carried out such a review, it might request an institution to do so. (An institution might also do so as part of its overall efforts to monitor the
country’s human rights situation, but this is discussed separately in chapter VII.)
Rather than be responsible for the review itself, an institution might sit on a broader
review committee. Alternatively, it might provide advice and recommendations to the
State or an established review committee on important legislative issues as an independent, external watchdog.
5. Beyond legislation to implementation
While legislation is an important first step in the process of meeting international standards, it is not generally sufficient for a State party to meet its obligations. States also
have to put laws into practice. For example, the Human Rights Committee issued general comment No. 3 (1981) on implementation at the national level:
The Committee notes that article 2 of the Covenant generally leaves it to the States parties
concerned to choose their method of implementation in their territories within the framework set out in that article. It recognizes, in particular, that the implementation does not
depend solely on constitutional or legislative enactments, which in themselves are often not
per se sufficient.
An NHRI may be able to advise the Government on other measures which could or
should be taken to fulfil the State’s international obligation such as modifications to
fiscal or monetary policy; changes to priorities and practices in the provision of social
services; the establishment of reporting machinery within and between ministries, and
the implementation of affirmative action programmes and public education activities.
An NHRI can familiarize itself with these less direct and often overlooked implementation mechanisms (usually called “instruments” or “policy instruments”) and, through
its advisory function, ensure that the Government is aware of the scope and extent of
the State’s existing or potential international obligations.
Moreover, actual practice may or may not reflect formal norms and plans. The mechanisms or processes through which human rights legislation or policy is implemented
may have a more profound and direct impact on the enjoyment of human rights than
comments on the legislation itself. National human rights institutions should, therefore,
closely examine the actual practice on the ground.
6. Advice on treaty body reports
At present the following United Nations treaties and treaty bodies require regular reports:
■■
The International Covenant on Civil and Political Rights (Human Rights Committee);
■■
The International Covenant on Economic, Social and Cultural Rights (Committee on
Economic, Social and Cultural Rights);
■■
The International Convention on the Elimination of All Forms of Racial Discrimination
(Committee on the Elimination of Racial Discrimination);
■■
The Convention on the Elimination of All Forms of Discrimination against Women
(Committee on the Elimination of Discrimination against Women);
■■
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment (Committee against Torture);
■■
The Convention on the Rights of the Child (Committee on the Rights of the Child):
■■
The International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families (Committee on Migrant Workers);
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