What are the core international human rights instruments?
ICCPR – International Covenant on Civil and Political Rights
ICESCR – International Covenant on Economic, Social and Cultural Rights
CRC – Convention on the Rights of the Child
CEDAW – Convention on the Elimination of All Forms of Discrimination against Women
CERD – Convention on the Elimination of All Forms of Racial Discrimination
CRPD – Convention on the Rights of Persons with Disabilities
CRMW – Convention on the Rights of Migrant Workers
CPED – International Convention for the Protection of All Persons from Enforced Disappearance
What does the ICCPR guarantee in comparison with the Indian Constitution?
Equality before law , Prohibition against discrimination , Freedom of speech , Right to assembly, Protection of life/liberty
When was the UN Convention on the Rights of the Child adopted and what is its objective?
protects children’s civil, political, economic, social, and cultural rights regardless of race, religion, or ability.
Who is a child under CRC?
Article 1: Every person below the age of 18.
What commitments do states undertake under CEDAW?
Abolish discrimination via setting up of courts/agencies defending women’s rights, prohibit discriminatory behavior via policies, integrate gender equality into law, repeal discriminatory laws, pass equality-promoting laws.
How does CERD define racial discrimination?
Any distinction/exclusion/restriction based on race, colour, descent, national or ethnic origin that nullifies equal enjoyment of rights.
What does CERD mandate states to do?
All member states must enact and uphold anti-discrimination laws/policies, safeguard rights, combat discrimination.
What is the aim of CRPD?
To reaffirm that all persons with all types of disabilities enjoy all rights/freedoms, and promote inclusivity and equality.
What are treaty bodies?
Committees of independent experts monitoring implementation of human rights treaties. Supported and assisted by OHCHR.
Name the UN human rights treaty bodies.
CERD, CESCR, HRC (ICCPR), CEDAW, CAT, CRC, CMW, CRPD, CED.
What are the functions of treaty bodies?
Review state reports, issue recommendations on individual complaints, adopt general comments/recommendations.
What must states submit under treaty body/state reporting?
Two documents: Treaty-specific document (legal/admin/judicial actions to follow treaty and challenges faced) and Common Core Document (state’s general legal and constitutional framework for HR and how common treaty prov. are implemented across multiple treaties )- both help in ensuring laws and policies meet int. standards of HR, track progress, spot issues etc.
UN high Comissionser for HR advises setting up of national reporting system to make this process easier
What happens after submission of a state report?
It is translated into committee’s 3 working languages, reviewed, and followed by ‘concluding observations’ highlighting progress since last report and issues, with recommendations to improve implementations.
What role do NGOs and NHRIs play in reporting?
They provide input and follow-up, supplementing state reports with independent information.
What challenges exist in state reporting?
Backlogs and delay in submitting reports, implementation gaps of teh recommendation due to political/fin. constraints, lack of expertise/resources (fin. or otehrise) in some states makes it difficult to prepare detailed reports.
What are general comments/recommendations?
Interpretations of treaty provisions published by committees, offering guidance. Not legally binding but used by states, courts, complainants.
What can individuals complain about under treaty bodies?
Violations of civil/political rights (ICCPR), torture and other cruel Innhuman or degrading treatment or punishment (CAT), racial discrimination (CERD), sex discrimination (CEDAW).
What are the admissibility criteria for individual complaints?
Must be an individual, victim, exhaust local remedies (unless ineffective), not already decided/submitted to another Int. HR body or court.
When can treaty bodies initiate inquiries?
If they receive reliable evidence of serious or widespread violations of conventions by a state or when state agrees to an investigation- committee can quickly appoint members to carry out a confidential review and report their findings.
What role do treaty bodies play in human rights enforcement?
They monitor compliance, provide guidance, adress violations.
