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Human Rights Treaty Bodies
Human Rights Committee (ICCPR)
Committee on Economic Social and Cultural Rights (ICESCR)
CEDAW Committee
CERD Committee
CAT Committee
CRC Committee
Migrant Workers’ Committee
Committe on Rights of Persons with Disabilities
Established by Article 28 ICCPR
18 independent experts
Fair geographic split
Nominated/elected by States
Independent (compare Human Rights Council)
4 year terms (half elected every 2 years)
- treaty bodies are not courts
- decisions not legally binding
- authoritative interpretations
- indicative of good faith
- source of shame/embarrassment
Reporting function (all Committees)
- periodic and emergency reports
- macro view of State's performance
- examined in open dialogue with relevant Committee
- Concluding Observations
- engages State and NGOs in dialogue over State's overall treaty performance
- are problems with procedural and substantive compliance
- reforms are easing reporting workloads (slowly)
General Comments (all Committees)
Expanded interpretations of rights in relevant treaty
Sometimes deal with other issues, such as advice on compiling reports, reservations
Interstate Complaints (some)
- First Optional Protocol to ICCPR
- Article 14 CERD
- Article 22 CAT
- OP CEDAW
- OP CPRD
- (OP ICESCR)
Quasi-Judicial Body
Example: the Human Rights Committee
Sarah Joseph
Functions of Treaty Bodies
Individual Complaints (some)
Miscellaneous
Admissibility
Merits
Interim measures
Follow-up
Committees issue ‘views’
If violation found, may recommend:
Compensation
Repeal of legislation
Other form of reparation for victim
Views are not legally binding but:
Non-compliance is reported, and is embarrassing
Time requirements
Must be a victim (no complaints in the abstract)
Territorial/jurisdictional requirements
Cannot be simultaneously before another international complaints system (eg ECHR)
Exhaustion of Domestic Remedies
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