III. INTERNATIONAL CONVENTION
FOR THE PROTECTION OF ALL PERSONS
FROM ENFORCED DISAPPEARANCE
Before the creation of specific international instruments to address
enforced disappearance, jurisprudence from international bodies, such as
the United Nations Human Rights Committee, the Inter-American Court
of Human Rights, the European Court of Human Rights and the Human
Rights Chamber for Bosnia and Herzegovina, helped further normative
principles relating to enforced disappearance.1
In 2001, the Commission on Human Rights requested an independent
expert to examine the existing international criminal and human rights
framework for the protection of persons from enforced or involuntary
disappearance and to identify gaps in order to ensure full protection.2
In his report, the independent expert concluded that the right not to be
subjected to enforced disappearance was not established in any universal
treaty and that there were many gaps regarding measures of prevention
and effective remedies and reparation for victims. These gaps in the
international legal framework justified the drawing-up of a new treaty. 3
Following the report of the independent expert, the Commission on
Human Rights decided in 2003 to draw up such a treaty. Over 70 States,
as well as numerous NGOs, associations of families of the disappeared
and experts participated in the three-year negotiation process. The
International Convention for the Protection of All Persons from Enforced
Disappearance was finally adopted by the General Assembly in December
2006. It will enter into force once 20 countries have ratified it.
Unlike the Declaration, the Convention is a legally binding instrument.
It draws extensively on the provisions of the Declaration, but includes
For further information on this case law, see “Civil and political rights, including questions
of: disappearances and summary executions: Report submitted by Mr. Manfred Nowak,
independent expert charged with examining the existing international criminal and human
rights framework for the protection of persons from enforced or involuntary disappearances,
pursuant to paragraph 11 of Commission resolution 2001/46” (E/CN.4/2002/71); and Tullio
Scovazzi and Gabriella Citroni, The Struggle against Enforced Disappearance and the 2007
United Nations Convention (Leiden, Martinus Nijhoff Publishers, 2007).
2
E/CN.4/2002/71.
3
The Inte.r-American Convention on Forced Disappearance of Persons entered into force in
1996
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