implementation. To do this, they have a
number of tools at their disposal.
Three of the most central tools are:
•
Standard setting, whereby new human
rights treaties or other less binding
texts are negotiated and agreed on by
States. This is how the UN Convention
against Torture and its Optional Protocol came to exist.
•
The system of Special Procedures,
whereby the Human Rights Council, through the use of independent
experts, monitors thematic and country-specific human rights situations
through desk-based research and
country visits. The independent experts will submit regular reports to the
Human Rights Council, which can then
decide to act on them or not. The UN
Special Rapporteur on Torture is part
of this system.
•
The Universal Periodic Review, whereby all UN member States are subjected
to a review of their national human
rights situation by the other member States. Here, States can make
comments, ask questions and issue
recommendations to the State under
review during an oral session at the
UN in Geneva. IRCT’s practical guide
to the UPR is available at www.irct.org.
The common feature of all of these tools is
that States are central actors and decision
makers both at the international level and
for the national implementation of standards and recommendations. Except for the
legally binding treaties, most output from
these mechanisms will be of a political nature, and it thus gains legitimacy from the
political weight of the source — individual
States, groups of States or all UN member
States.
Expert bodies
The UN treaty bodies are established by
individual human rights treaties with a
mandate to monitor and promote States’
implementation of their obligations under the respective treaty. The Committee
against Torture (CAT) and the Subcommittee
on Prevention of Torture (SPT) are among
these, and IRCT guides to these mechanisms are available at www.irct.org. Each
body is composed of independent experts
and carries out its functions through a variety of means. The three most common are:
•
The State reporting procedure,
whereby each State that has ratified the relevant treaty will have its
implementation record reviewed by
the treaty body at regular intervals
through a mixed written and oral procedure.
•
Issuance of General Comments,
whereby the treaty body will outline
its interpretation of one or more provisions of the treaty it is mandated to
monitor. This takes place through deliberations between the treaty body
experts often over several years.
•
Deciding on individual communication, whereby the treaty body will
take a court-like function and issue its
views on individual complaints submitted to it from persons claiming to
be victims of violations of the relevant
treaty by States that have ratified it.
In the treaty bodies, the decision-making
power is shared between the independent
experts and the States. The independent
experts are in charge of monitoring and
making recommendations. States are responsible for the national implementation
efforts. Compared to the political bodies,
Engaging with UN Human Rights Mechanisms: An Introduction
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