REPORTING TO THE UNITED NATIONS HUMAN RIGHTS TREATY BODIES TRAINING GUIDE: Part I — Manual
Elaboration of general comments
(a) A general comment could be adopted by one Treaty Body or more, jointly.
(b) The decision to draft a general comment would be made in plenary.
(c) A note describing the consultation process for general comments would be shared with State
parties and made publicly available for other stakeholders (national human rights institutions,
civil society, academia, international organizations).
(d) Each time a Treaty Body initiated the drafting of a general comment, a working group
composed of Treaty Body members or a rapporteur would be appointed and entrusted with
the process of drafting the comment.
(e) Advance versions of draft general comments would be shared with other Treaty Bodies and
with relevant special procedures mandate-holders for input, comment or feedback, with a
view to strengthening the coherence of treaty law interpretation.
(f) Advance versions of draft general comments would be posted on the OHCHR website to
make them accessible to State parties and a broad range of stakeholders.
(g) Input, comment or feedback received from State parties, special procedures, national human
rights institutions, civil society organizations and other stakeholders would be given due
consideration by the Treaty Body, as appropriate.
(h) The Treaty Body would lead the consultation process and decide on the content and
adoption of the general comment.
Implementation of human rights instruments, Note by the Secretary-General, A/70/302, 2015,
available at: https://goo.gl/88t2Dd
TABLE 3 THE HUMAN RIGHTS TREATY BODY SYSTEM
Treaty Body
14
Founding treaty
(or instrument)
Optional protocol(s) to
founding treaty
Functions of the Treaty Body
Number
of
experts
Human Rights
Committee
(HRCttee)
International
Covenant
on Civil and
Political Rights
(ICCPR, 1966)
• Optional Protocol to
the ICCPR (1966)
• Second Optional
Protocol to the
ICCPR aiming at
the abolition of the
death penalty (1989)
• Monitoring the
implementation of the treaty
by reviewing the State
parties’ reports (Art. 40)
• Considering individual
complaints (OP)
• Handling inter-State
complaints (Art. 41)
18
Committee
on Economic,
Social and
Cultural Rights
(CESCR)
International
Covenant on
Economic,
Social and
Cultural Rights
(ICESCR, 1966)
ECOSOC
Resolution
1985/17
Optional Protocol to the
ICESCR (2008)
• Monitoring the
implementation of the treaty
by reviewing the State
parties’ reports (Art. 16)
• Considering individual
complaints (OP)
• Conducting inquiries (OP)
• Handling inter-State
complaints (OP)
18
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