Annex 1
One of the main functions of the Committees
is to consider state reports. State reporting is
a mechanism to monitor the implementation
of human rights by the states parties. When a
country ratifies one of the treaties, it assumes
a legal obligation to submit regular reports to
the monitoring Committee on how the rights
in this particular treaty are being implemented
in the country. It is the responsibility of the
government to prepare the state reports but
the reports should be the result of an inclusive process involving civil society and the
NHRI. In addition, the Committees encourage
civil society and NHRIs to provide additional
information. Reports from other institutions
than the government of the state in question
are commonly referred to as shadow reports.
Furthermore, information is gathered from
public sources, other United Nations agencies
and other international organizations.
The actual examination of a state party takes
place at a public meeting of the Committee
in question. Here the government presents
its report and then submits to questioning by
the Committee members. Several Committees encourage the NHRI of the state party to
make its own presentation. Civil society may
give information at informal meetings between
the formal sessions. Based on this dialogue
with government and the other information
available, the Committee at a private session
discusses and adopts its concluding observations, containing its concerns and recommendations. The concluding observations are
made publicly available online.
Ideally, the relationship between the Committees and NHRIs should be one of mutual benefit. NHRIs help bring national human rights concerns to the knowledge of the Committees, and
the NHRIs can then use the pronouncements
by the Committees in their national work. Given
the Committees’ legal mandate to help assure
adherence to the various treaties and monitor
their implementation, the Committees’ pronouncements, in whatever way they are made,
have considerable legal standing even though
they are not strictly speaking legally binding.
Consequently, using the concluding observations and other statements of the Committees
only strengthens the hand of NHRIs.
In addition to their role in state reporting, the
Committees issue general comments or general recommendations. Whereas some of these
general comments deal with formal matters,
for example related to state reporting, most of
them provide interpretation and other assistance
to states on how to implement the treaty in
question. An example of this is General Recommendation No. 24 of the Committee on the
Elimination of all Forms of Discrimination against
Women from 1999 on women and health.
Six of the treaty bodies (Human Rights Committee, Committee on the Elimination of All
Forms of Discrimination against Women,
Committee on Elimination of Racial Discrimination, Committee against Torture, Committee on the Rights of Persons with Disabilities,
and Committee on Enforced Disappearances3)
can consider individual complaints if the country in question has either ratified an optional
protocol or made a specific declaration.
The purpose of this Annex is to provide an
overview of the pronouncements on matters
relating to reproductive rights made by the
treaty bodies. With respect to the concluding observations, the analysis covers all the
treaty bodies in the period 2005-2012.4
3 CMW will also get this function once the necessary numbers of declarations have been made
4
Including June 2012
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