The Role of the UN in Protection of Human Rights 1 – Treaty Body Complaints
Mechanisms and the Right to Health
United Nations – The Treaty Based Bodies
In relation to the core human rights treaties, an expert body composed of between 10 and 23
independent experts (a treaty body) exists to examine progress in implementation of the treaty.
The experts are elected at biannual meetings of the state parties on the basis of their expertise in
human rights
Although nominated by states the experts are not subject to instruction from any government – they
are pro-bono and not an employee of the UN
State Reporting
State parties to treaties undertake to make regular reports on their implementation
Initial reports usually expected within a year of the treaty entering into force. After this periodic
reports are expected, with the timescale varying dependant on the treaty
Generally includes a Treaty Specific Document setting out legal, administrative and judicial measures
taken to give effect to the treaty, and any difficulties in implementation
Common Core Document – to all treaty bodies which a state has to report to, sets out domestic, legal
and constitutional framework for the protection of human rights
Treaty body will then consider the reports and adopt a list of issues base on the information provided
by the reports and other bodies such as NGO’s and sent it to the state party.
Committee Against Torture and Committee on Migrants adopted a system of preparing report of issues
before a state is meant to report so that they can respond to concerns
Consideration of reports an open session with representatives of the state present
Some treaty bodies have systems for follow up on issues raised after they have been told to the
member state which requires a report on follow up action taken as a result
NGO’s often make shadow reports. NGO are often relied upon in compiling the official reports as well.
Reports from states often delayed, especially when all treaties ratified to at once. Some states still yet
to report at all
If continued failed reports state may initiate a review procedure for consideration of the state’s
implementation in the absence of reports
If state still does not reply review will take place in the absence of the state party
General Comments
All treaty bodies produce general comments. These are developed a consultation process often after
informal discussions with states
Adopted by consensus and provide authoritative guidance on general treaty obligations
Inquiries
Only applies to the committees of some treaties
Inquiries can be initiated upon receipt of reliable, well founded indications of serious or systematic
violations by state parties
Confidential procedure an cooperation of state required throughout
A report of the inquiry then published in the committees annual report with the consent of the state
party
Complaints Procedure
States can complain to relevant treaty body if another state is not fulfilling its obligations where both
states concerned have accepted this competence
Known as inter-state complaints mechanisms. Yet to be one
Some treaties have complaints procedures allowing individuals to complain that a state has violated
their convention rights. States must have accepted this competence
Procedure of examination of complaint is quasi-judicial. Written and confidential
A treaty member designated Special Rapporteur decides on the registration of complaints and issues
instructions on how to proceed with new cases
Usually time given for state to reply to claim. If state fails to respond, body will usually assess claim
on facts. They can also issue interim measures of protection in situations of particular urgency to
which the vast majority of states comply with
Mechanisms and the Right to Health
United Nations – The Treaty Based Bodies
In relation to the core human rights treaties, an expert body composed of between 10 and 23
independent experts (a treaty body) exists to examine progress in implementation of the treaty.
The experts are elected at biannual meetings of the state parties on the basis of their expertise in
human rights
Although nominated by states the experts are not subject to instruction from any government – they
are pro-bono and not an employee of the UN
State Reporting
State parties to treaties undertake to make regular reports on their implementation
Initial reports usually expected within a year of the treaty entering into force. After this periodic
reports are expected, with the timescale varying dependant on the treaty
Generally includes a Treaty Specific Document setting out legal, administrative and judicial measures
taken to give effect to the treaty, and any difficulties in implementation
Common Core Document – to all treaty bodies which a state has to report to, sets out domestic, legal
and constitutional framework for the protection of human rights
Treaty body will then consider the reports and adopt a list of issues base on the information provided
by the reports and other bodies such as NGO’s and sent it to the state party.
Committee Against Torture and Committee on Migrants adopted a system of preparing report of issues
before a state is meant to report so that they can respond to concerns
Consideration of reports an open session with representatives of the state present
Some treaty bodies have systems for follow up on issues raised after they have been told to the
member state which requires a report on follow up action taken as a result
NGO’s often make shadow reports. NGO are often relied upon in compiling the official reports as well.
Reports from states often delayed, especially when all treaties ratified to at once. Some states still yet
to report at all
If continued failed reports state may initiate a review procedure for consideration of the state’s
implementation in the absence of reports
If state still does not reply review will take place in the absence of the state party
General Comments
All treaty bodies produce general comments. These are developed a consultation process often after
informal discussions with states
Adopted by consensus and provide authoritative guidance on general treaty obligations
Inquiries
Only applies to the committees of some treaties
Inquiries can be initiated upon receipt of reliable, well founded indications of serious or systematic
violations by state parties
Confidential procedure an cooperation of state required throughout
A report of the inquiry then published in the committees annual report with the consent of the state
party
Complaints Procedure
States can complain to relevant treaty body if another state is not fulfilling its obligations where both
states concerned have accepted this competence
Known as inter-state complaints mechanisms. Yet to be one
Some treaties have complaints procedures allowing individuals to complain that a state has violated
their convention rights. States must have accepted this competence
Procedure of examination of complaint is quasi-judicial. Written and confidential
A treaty member designated Special Rapporteur decides on the registration of complaints and issues
instructions on how to proceed with new cases
Usually time given for state to reply to claim. If state fails to respond, body will usually assess claim
on facts. They can also issue interim measures of protection in situations of particular urgency to
which the vast majority of states comply with
