One optional protocol – the Optional Protocol to the Convention against Torture (OPCAT) – establishes an additional treaty body in order to undertake a regime of visits
to places of detention or places where persons may otherwise be deprived of their
liberty. This treaty body is called the Sub-Committee on Prevention of Torture (SPT) and
it consists of 25 independent experts elected by States parties to OPCAT. It cooperates
with national mechanisms for the prevention of torture established in each State party.
ICESCR assigns responsibility for monitoring implementation of the Covenant to the
Economic and Social Council which has chosen to create a committee of independent
experts – the Committee on Economic Social and Cultural Rights (CESCR) – to assume
its monitoring functions. CESCR is modelled on the other treaty bodies but differs
from them in two important regards: it is not formally a treaty body since it owes its
existence to a resolution of ECOSOC rather than the Covenant and its members are
elected by the members of ECOSOC rather than States Parties. Nevertheless, the
Committee is generally considered to be one of the human rights treaty bodies.
What is the relationship between the treaty bodies
and the United Nations?
Although the treaty bodies are not formally United Nations bodies established under
the Charter, they are considered an integral part of the United Nations human rights
system. The treaties themselves were adopted by the General Assembly; however,
their legal force comes from their acceptance as legally-binding multilateral treaties
by their States parties. The provisions of the treaties nevertheless envisage a close
relationship between the treaty bodies and the United Nations.
In practical terms, the relationship between the treaty bodies and the United Nations
is formalized in three important and related aspects: (1) the treaties provide for
the treaty bodies to meet at United Nations Headquarters in New York or Geneva
05