Category Archives: UN treaty bodies

April 2019: UN Treaty Bodies & Regional Body in Session

European Court Of Human Rights
Credit: Anil Öztas via Wikimedia Commons

In April, several 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, country visits, and the review of individual complaints. Five United Nations treaty bodies and one pre-sessional working group will hold sessions to assess States’ progress regarding the rights of persons with disabilities, migrant workers’ rights, enforced disappearances, the elimination of racial discrimination, and the prevention of torture. Seven UN special rapporteurs, two working groups, and one independent expert will conduct country visits in April. Additionally, three working groups will hold sessions in Geneva. Of the regional bodies, 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 ECtHR can be viewed on the Court’s website. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

Forced Sterilization as a Human Rights Violation: Recent Developments

Commission on the Status of Women, New York

In recent years, international advocacy has contributed to increased awareness of forced sterilization as a human rights violation, including as a result of our work at the International Justice Resource Center (IJRC). Around the world, healthcare providers and others continue to sterilize people without their informed consent, most often targeting those who are Indigenous, living with HIV, are persons with disabilities, or who experience discrimination on other grounds. Just this month, IJRC advanced our partners’ advocacy on this issue at the 63rd Session of the United Nations Commission on the Status of Women (CSW), and Human Rights Watch published a report on involuntary sterilization of transgender persons in Japan. The past three years have also seen judgments from regional human rights courts on forced sterilization and important statements from other bodies. This post details the results of advocacy before regional and United Nations human rights bodies, summarizing the growing body of recommendations, statements, and judgments that more fully define forced sterilization as a human rights violation and guide governments in addressing this harmful practice.

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Human Rights Committee: Finland’s Oversight of Indigenous Politics Constitutes Violation

Sami and Finnish flags flying in Hetta
Credit: Htm via Wikimedia Commons

In two recently released decisions, United Nations Human Rights Committee determined that the Finnish government interfered with Sámi individuals’ rights to political participation and culture when a national court expanded the group of people authorized to vote, or run as candidates, in the Indigenous group’s parliamentary elections. [OHCHR Press Release: Finland] While the Committee and other UN human rights bodies have raised concerns about this issue before, these are the first complaints to be decided concerning the Sámi people’s self-determination. The Committee has given Finland six months to submit a report outlining the progress it has made in implementing the decisions. [OHCHR Press Release: Finland] One other communication on the same matter is pending before the Committee on the Elimination of Racial Discrimination (CERD). See Human Rights Committee, Sanila-Aikio v. Finland, Views of 1 November 2018, UN Doc. CCPR/C/124/D/2668/2015, para. 4.2.

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January 2019: United Nations and Regional Human Rights Bodies in Session

Human Rights and Alliance of Civilizations Room of the Palace of Nations
Credit: Ludovic Courtès via Wikimedia Commons

In January, several 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, country visits, and the review of individual complaints. One United Nations treaty body will hold a session to review States’ progress regarding children’s rights. The Universal Periodic Review (UPR) Working Group will also be in session and will conduct interactive dialogues with representatives from 14 States. Two UN special procedures will conduct country visits in January, and the UN Working Group on the issue of discrimination against women will hold a private session. Regionally, the Inter-American Court of Human Rights (IACtHR) and the European Committee of Social Rights (ECSR) will be holding public sessions.

The UN treaty body and UPR sessions may be watched via UN Web TV, and the public hearings of the IACtHR may be watched via the IACtHR’s website or Vimeo page. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

Human Rights Day 2018: Universal Declaration of Human Rights at 70

Visualization of States’ ratification of universal human rights treaties
Credit: OHCHR

Today marks the 70th anniversary of the Universal Declaration of Human Rights (UDHR), the seminal proclamation adopted by the United Nations General Assembly on December 10, 1948. See UN General Assembly, Resolution 217 A(III), Universal Declaration of Human Rights, 10 December 1948. The UDHR’s adoption followed that of the American Declaration of the Rights and Duties of Man, making it the first UN instrument recognizing the basic principles of human rights. Over the subsequent decades, many of the rights recognized in the UDHR have been made legally binding through specialized UN human rights treaties and the development of customary international law. The UN High Commissioner for Human Rights Michelle Bachelet stated that the UDHR “has passed from being an aspirational treatise into a set of standards that has permeated virtually every area of international law.” [OHCHR: 70th]

While the rights set forth in the UDHR have since become widely accepted, attacks and repression against human rights defenders have spiked in recent years. [GuardianAmnestyUN News] UN human rights experts recently noted “the appalling fact that between 2015 and 2017, on average, one person was killed every day while standing up for human rights.” [OHCHR: Defenders

At the International Justice Resource Center, the UDHR’s values are central to our beliefs and our work. If you value IJRC’s efforts to make human rights protections more accessible to our readers and others around the world, please consider making a year-end donation

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December 2018: United Nations and Regional Human Rights Bodies in Session

African Court on Human and Peoples' Rights session banner
African Court on Human and Peoples' Rights session banner

Credit: African Court on Human and Peoples’ Rights (via Flickr)

In December, several 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, country visits, and the review of individual complaints. Two United Nations treaty bodies will continue reviewing States’ progress, with regard to the elimination of torture and racial discrimination, in sessions that began last month. Four UN special procedures will conduct country visits in December, and two UN working groups will hold sessions.

Regionally, the African Court on Human and Peoples’ Rights (AfCHPR), the Inter-American Commission on Human Rights (IACHR), and the European Committee of Social Rights (ECSR) will be holding public sessions.

The UN treaty body sessions, the public hearings of the IACHR, and the AfCHPR’s public hearings may be watched via UN Web TV, the IACHR’s website or Vimeo page, and the African Court’s YouTube channel, respectively. To view human rights bodies’ past and future activities, visit the IJRC Hearings & Sessions Calendar. Read more

UN Human Rights Committee Clarifies, Expands Guidance on Right to Life

Credit: konferenzadhs via Pixabay

The United Nations Human Rights Committee has issued new legal guidance on the right to life under Article 6 of the International Covenant on Civil and Political Rights (ICCPR), expanding its interpretation of government obligations to protect reproductive rights and address climate change, among other topics. See Human Rights Committee, General comment No. 36 (2018) on article 6 of the International Covenant on Civil and Political Rights, on the right to life, UN Doc. CCPR/C/GC/36, 30 October 2018. General Comment No. 36 replaces the Human Rights Committee’s two previous general comments on the right to life, both published in the 1980s. See id. at para. 1. It incorporates many developments with respect to the right to life under Article 6, such as States’ obligations with regard to the availability of “safe and legal abortion,” the development and sale of weapons, and extra-territorial activities. See id. at paras. 8, 65. Other issues addressed in the general comment include police brutality, the death penalty, and nuclear weapons. See id. at paras. 5, 13, 62, 66. In conjunction with the publication of General Comment No. 36, the Human Rights Committee announced that it will begin working on the next general comment in 2019, which it provisionally decided will be on the right to peaceful assembly. [OHCHR Press Release]

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UN Human Rights Committee Condemns “Burqa Ban,” Countering European Court

Human Rights Committee
Human Rights Committee

Human Rights Committee Chairperson Yuval Shany at the 123rd Session
Credit: UN Web TV

The United Nations Human Rights Committee has concluded that France’s ban on face coverings in public violates the rights of women who wear full-face veils for religious reasons, a conclusion directly at odds with a European Court of Human Rights (ECtHR) judgment from 2014. Compare Human Rights Committee, Hebbadj v. France, Communication No. 2807/2016, Views of 17 July 2018, UN Doc. CCPR/C/123/D/2807/2016 and Human Rights Committee, Yaker v. France, Communication No. 2747/2016, Views of 17 July 2018, UN Doc. CCPR/C/123/D/2807/2016 with ECtHR, S.A.S. v. France [GC], no. 43835/11, ECHR 2014, Judgment of 1 July 2014. The Committee’s views, published on October 17, 2018, concluded that two women’s criminal convictions under the 2010 ban violated their rights to freedom of religion and to non-discrimination under the International Covenant on Civil and Political Rights (ICCPR).

The Human Rights Committee rejected France’s argument, which had been accepted by the ECtHR, that the ban was proportionate to, and the least restrictive means of achieving, the State interest in promoting the conditions for “living together” in a democratic society. In response to IJRC’s questions, the Human Rights Committee Chairperson, Yuval Shany, also noted that the Committee does not apply the ECtHR’s unique “margin of appreciation” doctrine, which gives European States latitude in balancing individual rights against State interests, particularly in areas where there is little consensus among States on a specific social issue. Read more

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