Over the past several months, supranational human rights bodies have announced a flurry of joint events and agreements, highlighting some specific rights challenges and the increasing importance of technical collaboration. Between September and November 2019, the African Commission on Human and Peoples’ Rights (ACHPR), the European Court of Human Rights (ECtHR), the Inter-American Commission on Human Rights (IACHR), the Inter-American Court of Human Rights (IACtHR), the United Nations Office of the High Commissioner for Human Rights (OHCHR), and the United Nations Education, Scientific and Cultural Organization (UNESCO) were among the bodies that entered into cooperation agreements or hosted events to formalize and enhance collaboration in the implementation of human rights instruments. While there are many other examples over the past decade, it is noteworthy that these collaborations appear to be happening with increasing frequency, formality, and transparency.
Category Archives: Universal system
In November, universal and regional human rights bodies and experts will assess States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Five United Nations treaty bodies and one pre-sessional working group will hold sessions to assess States’ progress regarding women’s rights, civil and political rights, the prevention of torture, and the elimination of racial discrimination. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Ten UN special procedures will conduct country visits in November. Additionally, two UN Working Groups will hold sessions in Geneva, Switzerland. Of the regional bodies, the Inter-American Court of Human Rights (IACtHR), the Inter-American Commission on Human Rights (IACHR), the African Commission on Human and Peoples’ Rights (ACHPR), and the African Court on Human and Peoples’ Rights (AfCHPR) will be in session.
To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
In a new report, the United Nations Special Rapporteur on human rights and hazardous substances has laid out 15 principles to guide States and businesses in preventing and remedying workers’ exposure to toxics. [OHCHR Press Release] In September 2019, the Special Rapporteur, Baskut Tuncak, presented the principles to the UN Human Rights Council, which adopted a resolution calling on States and non-State actors to implement them. See UN Human Rights Council, Resolution 42/21, Protection of the rights of workers exposed to hazardous substances and wastes, UN Doc. A/HRC/RES/42/21, 8 October 2019. The principles center workers’ human rights, and emphasize that both States and employers must act to prevent workers’ exposure to toxic substances, that these obligations extend beyond national borders, and that workers’ access to information and to effective remedies are critically important. See Report of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes, UN Doc. A/HRC/42/41, 17 July 2019. The report, which is the culmination of 25 years of work under the Special Rapporteur’s mandate, is grounded in and builds on the UN Guiding Principles on Business and Human Rights, International Labour Organization conventions, and multilateral agreements on toxic wastes. See id. at paras. 8, 12.
As oversight bodies call for restraint amid ongoing protests in Haiti, the United Nations is ending its 15-year peacekeeping mission in the country. [IACHR Press Release; UN News: Protests] On October 16, 2019, a special political mission, the United Nations Integrated Office in Haiti (BINUH), replaced the United Nations Mission for Justice Support in Haiti (MINUJUSTH), shifting the UN’s focus from law enforcement to governance. [UN News: Security Council] The UN Secretary General appointed Helen Meagher La Lime, a citizen of the United States, as the Special Representative for Haiti to head the BINUH, which is charged with promoting and strengthening political stability and peaceful relations, good governance, and human rights. [UN Press Release] The MINUJUSTH and its predecessor, the UN Stabilization Mission in Haiti (MINUSTAH), leave behind a mixed legacy, marred with controversies ranging from sexual abuse to a cholera epidemic. The new special political mission will begin its work in the midst of an economic crisis, fuel and food shortages, and ongoing violent protests against President Jovenel Moïse that have resulted in at least 30 deaths since September 2019. [Washington Post; UN News: Security Council]
In her latest report to the United Nations General Assembly, the UN Special Rapporteur on violence against women, its causes and consequences outlined a human rights-based approach to the violence and mistreatment that many women suffer in reproductive health services, focusing specifically on childbirth and obstetric care. See Report of the Special Rapporteur on violence against women, its causes and consequences on a human rights-based approach to mistreatment and violence against women in reproductive health services with a focus on childbirth and obstetric violence, UN Doc. A/74/137, 11 July 2019. Noting a “lack of respect for women’s equal status and human rights,” the report highlights a number of human rights violations that women experience during childbirth and outlines the root causes of mistreatment during childbirth and obstetric violence. See id. It further calls on States to: collect reproductive health-related data, apply human rights and World Health Organization standards to maternity care, and to establish complaint and accountability mechanisms, among other recommendations. See id. at paras. 8-11, 81. While the report does not assert new or expanded interpretations of the relevant rights or obligations, it does synthesize many of the issues and adds to the growing body of international human rights guidance on ensuring informed consent in all reproductive health services. See id. at para. 14.
The United Nations Human Rights Committee has announced changes that will generally reduce the frequency and comprehensiveness of its review of States parties’ implementation of the International Covenant on Civil and Political Rights (ICCPR). With its first Predictable Review Cycle, the Committee will review all 173 States parties to the ICCPR between 2020 and 2027. See OHCHR, The Predictable Review Cycle. The changes mean that each State party will be reviewed every eight years (instead of approximately every five years), the cycle will begin with a list of issues prepared by the Committee for the State to address (unless the State opts to submit a comprehensive report first), and each State will be reviewed even if the State does not participate. These are the latest developments in the Committee’s ongoing efforts to implement the UN General Assembly Resolution 68/268 on “Strengthening and enhancing the effective functioning of the human rights treaty body system” and, more specifically, the Committee’s Decision on the Human Rights Committee on additional measures to simplify the reporting procedure and increase predictability. See id. The changes are also a response to challenges facing the Committee, including limited resources, a growing backlog of State reports, and lack of State compliance with recommendations and reporting deadlines. States that wish to opt-out of simplified reporting must notify the Committee’s Secretariat by December 31, 2019. See id.
In October, universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Four United Nations treaty bodies and two pre-sessional working groups will hold sessions to assess States’ progress regarding enforced disappearances; economic, social, and cultural rights; women’s rights; children’s rights; and civil and political rights. Nine UN special procedures will conduct country visits in October. Additionally, three UN Working Groups will hold sessions in Geneva. Of the regional bodies, the African Commission on Human and Peoples’ Rights (ACHPR), European Committee on Social Rights (ECSR), Inter-American Commission on Human Rights (IACHR), and Inter-American Court of Human Rights (IACtHR) will all be in session. The European Court of Human Rights (ECtHR) will hold a Grand Chamber hearing.
The UN treaty body sessions may be watched via UN Web TV. The public hearings of the IACtHR, IACHR, and ECtHR may be viewed via the IACtHR’s Vimeo page, the IACHR’s YouTube page, and the ECtHR’s website, respectively.
To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar.
The United Nations Committee Against Torture (CAT) issued its first decision against the State of Bosnia and Herzegovina, finding that rape and other acts of sexual violence constitute torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention), and ordering the State to pay “fair and adequate compensation” and provide free medical and psychological care to the victim. See Committee Against Torture, Mrs. A v. Bosnia and Herzegovina, Communication No. 854/2017, Views of 22 August 2019, UN Doc. CAT/C/67/D/854/2017. This decision, which concerns the rape of a Bosnian woman in the early 1990s during the Bosnian war, is the first CAT decision to examine a State’s responsibilities with respect to sexual violence committed during a period of internal armed conflict. [Trial International] In deciding Mrs. A’s complaint, the Committee applied the standards set out in earlier general comments and concluding observations, and clarified that States must ensure redress – including compensation – for victims of torture, regardless of an individual perpetrator’s ability to pay or statutes of limitation on such claims. See Mrs. A v. Bosnia and Herzegovina, Views of 22 August 2019, paras. 7.5-9.
In September, universal and regional human rights bodies and experts will review States’ compliance with their human rights obligations through the consideration of State and civil society reports and country visits. Three United Nations treaty bodies and one pre-sessional working group will hold sessions to assess States’ progress regarding the rights of persons with disabilities, children, and migrant workers. The Human Rights Council will consider the overall human rights situations in 14 countries. Nine UN special procedures will conduct country visits in September. Additionally, the UN Working Group on enforced or involuntary disappearances will hold a session in Geneva, Switzerland. Of the regional bodies, the Inter-American Court of Human Rights (IACtHR), the Inter-American Commission on Human Rights (IACHR), the African Court on Human and Peoples’ Rights (AfCHPR), the European Committee of Social Rights (ECSR) will be in session, and the European Court of Human Rights (ECtHR) will hold three Grand Chamber hearings.
The UN treaty body sessions may be watched via UN Web TV. The public hearings of the AfCHPR, IACtHR, IACHR, and ECtHR may be viewed via the AfCHPR’s YouTube page, the IACtHR’s Vimeo page, the IACHR’s YouTube page, and the ECtHR’s website, respectively.
In a landmark decision, the United Nations Human Rights Committee has found Paraguay responsible for failing to protect individuals from severe environmental contamination by large-scale farms’ use of illegal chemicals, in violation of the State’s international obligations to protect the rights to life and respect for private and family life and the home. [OHCHR Press Release: Paraguay] While regional human rights bodies have recognized the link between pollution and enjoyment of human rights, this decision marks a first for the Human Right Committee, which oversees implementation of the International Covenant on Civil and Political Rights (ICCPR), to which 173 States are party. [OHCHR Press Release: Paraguay] Other relevant developments include a new partnership between the UN Environmental Programme and the UN Office of the High Commissioner for Human Rights seeking to strengthen global environmental protection efforts and increase protections for environmental activists. [NYTimes; OHCHR Press Release: UNEP]