Understanding Human Rights Machinery at the United Nations

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International Court of Justice - Wikimedia Images
International Court of Justice - Wikimedia Images
This article presents a clear and concise overview of the bodies and institutions responsible for human rights at the United Nations.

The bodies responsible for human rights at the United Nations exist in a complex network of institutions, organisations and offices. Each body has its own core responsibilities, competencies and duties which together form the operation known as the UN human rights machinery.

In order to understand the function of each of the bodies correctly, it is necessary to appreciate how the network of respective bodies interacts with one another. Primarily, this means an appreciation of the inherent hierarchy of the human rights machinery that is evident within any international organisation.

Office of the High Commissioner for Human Rights (OHCHR)

The Office of the High Commissioner for Human Rights (OHCHR) can be thought of as enjoying the top position in the hierarchy of institutions. The OHCHR represents the world's commitment to human dignity and enjoys a mandate to protect human rights from the international community at large. According to the OHCHR, its priorities include, "greater country engagement, working closely with our partners at the country and local levels, in order to ensure that international human rights standards are implemented on the ground; a stronger leadership role for the High Commissioner; and closer partnerships with civil society and United Nations agencies." (Source: OHCHR)

The OHCHR oversees the work of the Charter-based and treaty-based human rights institutions and provides support and resources to them where necessary.

1. Charter-based Bodies

Human Rights Council (HRC)

The HRC is an intergovernmental body of states which is distinctly separate from the OHCHR and its 47 members are responsible for the protection, promotion and development of human rights around the world. Each member is elected for a period of three years and cannot be elected for more than two consecutive terms. The Council meets in Geneva for ten weeks throughout the year. The Council emerged in 2006 as a replacement of the Human Rights Commission which was criticised and then dissolved for a number of reasons relating to concerns about bias, politicisation and efficiency. The Council brought with it a number of changes to the UN human rights mechanism which included a new Universal Periodic Review which brings all 192 UN member states under review for its human rights provisions. Changes also included an Advisory Committee which can be thought of as a form of human rights think tank and a revised Complaints Procedure which allows individuals and organisations to bring complaints about human rights violations to the attention of the Council.

Special Procedures

Special Procedures is the name given to the mechanisms of the human rights machinery that encompass a range of provisions which address either specific or thematic issues in all parts of the world. Special Procedures can either be an individual who is appointed as a Special Rapporteur/Representative or can be a group of people working together. Those concerned report on their findings and make recommendations which are then presented to the Human Rights Council. These Special Procedures play a vital role in human rights protection worldwide because they are often the only mechanisms alerting the HRC to the true extent of human rights violations.

2. Treaty-based Bodies

The treaty bodies at the UN each monitor an issue provided for by one of the nine core international human rights treaties in operation. The nine core treaties are: the International Covenant on Civil and Political Rights (1966); the International Covenant on Economic, Social and Cultural Rights (1966); the International Convention on the Elimination of All Forms of Racial Discrimination (1965); the Convention on the Elimination of All Forms of Discrimination against Women (1979) and its optional protocol (1999); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1984); the Convention on the Rights of the Child (1989) and its optional protocols (2000); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990); the International Convention on the Rights of Persons with Disabilities (2006); and the International Convention for the Protection of All Persons from Enforced Disappearance (2006). Each of these bodies has a monitoring committee which is aided by the OHCHR.

3. Other UN Bodies

There are a number of other bodies at the United Nations that play an important role in the promotion and protection of human rights globally. The most important ones are listed below.

United Nations General Assembly

The UN General Assembly was established under the 1945 UN Charter and is the main deliberative organ of the UN in that it is responsible for policy-making and making recommendations. It is comprised of one member from every UN member state and each member has one vote in deliberative matters.

International Court of Justice

The International Court of Justice (ICJ) was established by the 1945 UN Charter and is the principal judicial organ of the United Nations. The Court's role is to settle legal disputes in accordance with international law and it receives complaints and questions from States and from the UN institutions and organisations.

Many other organisations are at play within the working of the UN human rights machinery. To find out more, visit the OHCHR website as it gives full guidance as to how the UN bodies operate.

Camilla Barker, © Caroline Brooks, 2011.

Camilla Barker - Camilla is an author, human rights activist and law student based in London, UK.

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