Introduction to the UN human rights treaty system.

• Author: Bayefsky, Anne
• Position: Special Report On International Law

The UN treaty system definitively establishes the legitimacy of international interest in the protection of human tights. It is undisputed that sovereignty is limited with respect to human rights. International supervision is valid and states are accountable to international authorities for domestic acts affecting human rights. The treaty standards are the benchmark for assessment and concern.

Over the last decade ratifications in the treaty system and acceptance of communication procedures have risen exponentially. What began as an assertion of a few, is now a global proclamation of entitlements of the victims of human rights abuse. Furthermore, this participation by states has been voluntary. The obligations of the human rights treaties have been freely assumed. It is the legal character of these rights which places them at the core of the international system of human rights protection. For these rights generate corresponding legal duties upon state actors, to protect against, prevent, and remedy human rights violations.

The Goals

The primary aims of the treaty system are to

* encourage a culture of human rights

* focus the human rights system on standards and obligations

* engage all states in the treaty system

* interpret the treaties through reporting and communications

* identify benchmarks through general comments and recommendations

* provide an accurate, pragmatic, quality end product in the form of concluding observations for each state

* provide a remedial forum for individual complaints

* encourage a serious national process of review and reform through partnerships at the national level

* operationalize standards

* mainstream human rights in the UN system and mobilize the UN community to

--assist with implementation and the dissemination of the message of rights and obligations

The Standards

The human rights treaty system encompasses six major treaties:

* the Convention on the Elimination of all forms of Racial Discrimination (in force 4 January 1969)

* the International Covenant on Civil and Political Rights (CCPR) (in force 23 March 1976)

* the International Covenant on Economic, Social and Cultural Rights (in force 23 March 1976)

* the Convention on the Elimination of Discrimination Against Women (in force 3 September 1981)

* the Convention Against Torture (in force 26 June 1987)

* the Convention on the Rights of the Child (in force 2 September 1990).

The Treaty Bodies

The six treaties are associated with six treaty bodies which have the task of monitoring the implementation of treaty obligations. Five of the six treaty bodies...