Regional cooperation on human rights issues.

Regional human rights arrangements are important examples of international cooperation at the regional level. Africa, the Americas and Europe all have their own regional human rights treaty and mechanisms. Three principle regional human rights instruments can be identified, the African Charter on Human and Peoples' Rights, the American Convention on Human Rights (the Americas) and the European Convention on Human Rights.They have established regional human rights commissions and courts under these treaties. The treaties incorporate international human rights standards but they also permit regional variation in how universal standards are applied to take account of differences of culture, history and tradition.

The Asia Pacific region alone has no regional treaty or regional mechanisms. There are many reasons for this. All the world’s major religious traditions are here. There are great cultural differences not only between countries but within countries. The whole world is contained within this region. Perhaps it is impossible to develop a treaty for this region that is any more specific than the existing universal treaties.

Each year the United Nations sponsors a regional meeting of governments to discuss and pursue cooperation. Through these meetings a regional human rights technical assistance program has been developed and is now being implemented. The program reflects regional priorities: economic, social and cultural rights and the right to development, human rights education, national human rights institutions and human rights action plans.Regional non-government organisations also cooperate regularly in a variety of joint meetings and programs.

 

38) Mechanisms for monitoring compliance with international human rights

When governments indicate their acceptance to be bound by a treaty (generally by ratification following signature, or by accession), the State becomes a 'party' to the treaty (State party) and is formally bound under international law to carry out obligations contained in the treaty. In the case of a human rights treaty, this normally involves general and specific obligations to respect, protect and fulfill treaty rights. major international human rights treaties have one or more mechanisms to monitor governments’ implementation of the duties to which they agreed by becoming parties to the treaties. Each treaty creates a committee, also known as a treaty monitoring body, and specifies the committee’s composition and functions.

The treaties provide for two primary mechanisms to monitor government compliance with human rights obligations: State reporting and individual complaints. Generally, efforts must have been made to resolve the issue through national human rights bodies or other appropriate institutions and the national courts before a complaint will be heard at the international level.Written details must be provided on the facts of the case, identifying the particular treaty rights which have been violated. The treaty monitoring body normally deals with the complaint by first determining if it is admissible, primarily based on whether there are no further opportunities to address the complaint at the national level and whether an actual violation of a treaty right has been alleged. If the complaint is admitted, the government involved will have an opportunity to respond in writing, more details may be requested from the individual or group filing the complaint, and the monitoring body may hear oral presentations and then make a determination on the matter.

39) International bodies for the protection of human rights.

There are several international bodies which also work to promote and protect human rights around the world. Some organisations have been created because of specific international human rights treaties in order that there is a monitor to check how fully different countries are meeting their obligations. These are called United Nations Charter-based bodies.The Office of the High Commissioner for Human Rights (OHCHR) works to offer the best expertise and support to the different human rights monitoring mechanisms in the United Nations system: UN Charter-based bodies, including the Human Rights Council, and bodies created under the international human rights treaties and made up of independent experts mandated to monitor State parties' compliance with their treaty obligations. Most of these bodies receive secretariat support from the Human Rights Council and Treaties Division of the Office of the High Commissioner for Human Rights (OHCHR).

Treaty-based bodies

There are ten human rights treaty bodies that monitor implementation of the core international human rights treaties:

Human Rights Committee (CCPR)

Committee on Economic, Social and Cultural Rights (CESCR)

Committee on the Elimination of Racial Discrimination (CERD)

Committee on the Elimination of Discrimination against Women (CEDAW)

Committee against Torture (CAT)

Subcommittee on Prevention of Torture (SPT)

Committee on the Rights of the Child (CRC)

Committee on Migrant Workers (CMW)

Committee on the Rights of Persons with Disabilities (CRPD)

Committee on Enforced Disappearances (CED)

40) The European Commission on Human Rights.

European Commission of Human Rights was a special tribunal.

From 1954 to the entry into force of Protocol 11 of the European Convention on Human Rights, individuals did not have direct access to the European Court of Human Rights; they had to apply to the Commission, which if it found the case to be well-founded would launch a case in the Court on the individual's behalf. Protocol 11 which came into force in 1998 abolished the Commission, enlarged the Court, and allowed individuals to take cases directly to it.

Although the European Commission on Human Rights became obsolete in 1998 with the restructuring of the European Court of Human Rights, it held an important role in assisting the European Court of Human Rights from 1953 to 1998. Commission members were elected by the Committee of Ministers and would hold office for six years (during which time they were to act independently, without allegiance to any state). Their role was to consider if a petition was admissible to the Court. If so, the Commission would examine the petition to determine the facts of the case and look for parties that could help settle the case in a friendly manner. If a friendly settlement could not take place, the Commission would issue a report on the established facts with an opinion on whether or not a violation had occurred. A Committee of three people determined the admissibility of a petition. For difficult decisions, however, a Chamber consisting of seven people handled it.

41) The Human Rights Committee.

he Human Rights Committee is the body of independent experts that monitors implementation of the International Covenant on Civil and Political Rights by its State parties.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations”.In addition to the reporting procedure, article 41 of the Covenant provides for the Committee to consider inter-state complaints. Furthermore, the First Optional Protocol to the Covenant gives the Committee competence to examine individual complaints with regard to alleged violations of the Covenant by States parties to the Protocol.The full competence of the Committee extends to the Second Optional Protocol to the Covenant on the abolition of the death penalty with regard to States who have accepted the Protocol.The Committee meets in Geneva or New York and normally holds three sessions per year.The Committee also publishes its interpretation of the content of human rights provisions, known as general comments on thematic issues or its methods of work

42) The Committee on Economic, Social and Cultural Rights.

The Committee on Economic, Social and Cultural Rights (CESCR) is the body of independent experts that monitors implementation of the International Covenant on Economic, Social and Cultural Rights by its States parties. The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the United Nations Economic and Social Council (ECOSOC) in Part IV of the Covenant.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially within two years of accepting the Covenant and thereafter every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.With regard to individual complaints, on 10 December 2008, the General Assembly unanimously adopted anOptional Protocol (GA resolution A/RES/63/117) to the International Covenant on Economic, Social and Cultural Rights which provides the Committee competence to receive and consider communications. The General Assembly took note of the adoption by the Human Rights Council by its resolution 8/2 of 18 June 2008, of the Optional Protocol. The Optional Protocol was opened for signature at a signing ceremony in 2009. In addition to the Committee on Economic, Social and Cultural rights, other committees with competence can considerindividual communications involving issues related to economic, social and cultural rights in the context of its treaty.The Committee meets in Geneva and normally holds two sessionsper year, consisting of a three-week plenary and a one-week pre-sessional working group.The Committee also publishes its interpretation of the provisions of the Covenant, known as general comments.

 

43) The Committee on the Elimination of Racial Discrimination

The Committee on the Elimination of Racial Discrimination (CERD) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its State parties.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every two years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.In addition to the reporting procedure, the Convention establishes three other mechanisms through which the Committee performs its monitoring functions: the early-warning procedure, the examination of inter-state complaintsand the examination of individual complaints.The Committee meets in Geneva and normally holds two sessions per year consisting of three weeks each.The Committee also publishes its interpretation of the content of human rights provisions, known as general recommendations (or general comments), on thematic issues and organizes thematic discussions.

44) The Committee on the Elimination of Discrimination against Women.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination. The Committee on the Elimination of Discrimination against Women (CEDAW) is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women.CEDAW Committee consists of 23 experts on women’s rights from around the world.Countries who have become party to the treaty (States parties) are obliged to submit regular reports to the Committee on how the rights of the Convention are implemented. During its sessions the Committee considers each State party report and addresses its concerns and recommendations to the State party in the form of concluding observations.In accordance with the Optional Protocol to the Convention, the Committee is mandated to: (1) receive communications from individuals or groups of individuals submitting claims of violations of rights protected under the Convention to the Committee and (2) initiate inquiries into situations of grave or systematic violations of women’s rights. These procedures are optional and are only available where the State concerned has accepted them.The Committee also formulates general recommendationsand suggestions. General recommendations are directed to States and concern articles or themes in the Conventions.

 

45) The Committee Against Torture (CAT) is the body of 10 independent experts that monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by its State parties.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every four years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations".In addition to the reporting procedure, the Convention establishes three other mechanisms through which the Committee performs its monitoring functions: the Committee may also, under certain circumstances, consider individual complaints or communications from individuals claiming that their rights under the Convention have been violated, undertake inquiries, and consider inter-state complaints.The Optional Protocol to the Convention, which entered into force in June 2006, creates the Subcommittee on Prevention of Torture(SPT). The SPT has a mandate to visit places where persons are deprived of their liberty in the States parties. Under the Optional Protocol, States parties shall establish a independent national preventive mechanisms for the prevention of torture at the domestic level which has also a mandate to inspect places of detention.The CAT meets in Geneva and normally holds two sessions per year consisting of a four week session in April/May and another four week session in November.The Committee also publishes its interpretation of the content of the provisions of the Convention, known as general comments on thematic issues

46) The Committee on the Rights of the Child (CRC) is the body of independent experts that monitors implementation of the Convention on the Rights of the Child by its State parties. It also monitors implementation of two optional protocols to the Convention, on involvement of children in armed conflict and on sale of children, child prostitution and child pornography. On 19 December 2011, the UN General Assembly approved a third optional protocol on a Communications Procedure, which will allow individual children to submit complaints regarding specific violations of their rights under the Convention and its first two optional protocols. The Protocol opens for signature in 2012 and will enter into force upon ratification by 10 UN Member States.All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially two years after acceding to the Convention and then every five years. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of “concluding observations”.The Committee reviews additional reports which must be submitted by States who have acceded to the two Optional Protocols to the Convention.The Committee will soon be able to consider individual complaints by children. In the meantime, violations of child rights may be raised before other committees with competence to consider individual complaints.The Committee meets in Geneva and normally holds three sessions per year consisting of a three-week plenary and a one-week pre-sessional working group. In 2010, the Committee considered reports in two parallel chambers of 9 members each, "as an exceptional and temporary measure", in order to clear the backlog of reports.The Committee also publishes its interpretation of the content of human rights provisions, known as general commentson thematic issues and organizes days of general discussion.

47) International legal protection of women's rights.

Women's rights, in international law, emerges today as an exciting, rapidly-developing sub-field of international human rights protection.:

Treaties are … the international equivalent of "legislation" broadly stated, as the basic norm-creating text. The major multilateral treaties may occupy any one of a number of places in a hierarchy of legal authorities depending on the domestic law of the member state. A treaty may be on a par with domestic constitutional law, above it, somewhere between domestic constitutional law and domestic statutory law, or lack validity. In the last case, an enabling or implementing law of the jurisdiction must expressly declare a treaty to be a law of that country. These variations are true for member states of the UN and of the Council of Europe, parent bodies of the most widely-known human rights treaties.

A major step forward in the promotion and protection of international women's rights was the drafting and ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), 1249 U.N.T.S. 13, signed 18 Dec. 1979; entered into force 3 Sept. 1981. Currently there are 97 signatories and 165 parties, according to the status tables reported in Multilateral Treaties Deposited with the Secretary-General,

48 ) International legal protection of children's rights.

Within the last century, the idea that children need safeguards and protections separate from those of adults greatly impacted both domestic and international lawInternational provisions relating to the protection of children’s rights exist within various legal systems. For the purpose of this chapter, these legal systems are subdivided into three levels, namely global, regional and sub-regional. Before turning to the protection of children’s rights within these levels, however, the paper briefly introduces the application of international law in Namibia.The focus within the protection of children’s rights on a global level will be on the legal framework of the United Nations (UN). Being a member of the UN since 1990, Namibia is party to many UN Conventions and has shown a strong commitment towards the protection of children’s rights. Although the UN legal framework offers broad protection of children’s rights, legal instruments by other global institutions also play a key role in the field of children’s rights in Namibia, and will therefore be outlined accordingly.Besides the global level, children’s rights are also laid down on the regional and subregional level. In this context, the systems to be discussed from a Namibian perspective are those of the African Union (AU) and the Southern African Development Community (SADC).

49) Women's rights

Women's rights are the rights and entitlements claimed for women and girls of many societies worldwide. A major global women’s rights treaty was ratified by the majority of the world’s nations a few decades ago.

In some places these rights are institutionalized or supported by law, local custom, and behaviour, whereas in others they may be ignored or suppressed. They differ from broader notions of human rights through claims of an inherent historical and traditional bias against the exercise of rights by women and girls in favour of men and boys.^[1]

Issues commonly associated with notions of women's rights include, though are not limited to, the right: to bodily integrity and autonomy; to vote(suffrage); to hold public office; to work; to fair wages or equal pay; to own property; to education; to serve in the military or be conscripted; to enter into legal contracts; and to have marital, parental and religious rights

The Convention on Consent to Marriage, Minimum Age for Marriage, and Registration of Marriages was a treaty agreed upon in the United Nations on the standards of marriage. The treaty was opened for signature and ratification by General Assembly resolution 1763 A (XVII) on 7 November 1962 and entered into force 9 December 1964 by exchange of letters, in accordance with article 6. The Convention has been signed by 16 countries and there are 55 parties to the Convention.^[1]

The Convention reaffirms the consensual nature of marriages and requires the parties to establish a minimum marriage age by law and to ensure theregistration of marriages

The Universal Declaration of Human Rights, adopted in 1948, enshrines "the equal rights of men and women", and addressed both the equality and equity issues

50) The interaction of international and domestic legal standards for the protection of human rights.

Ratification of international human rights treaties, Governments undertake to put into place domestic measures and legislation compatible with their treaty obligations and duties. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are indeed respected, implemented, and enforced at the local level.A sophisticated inquiry into when and how international human rights norms change state behavior, tracing the way transnational advocacy groups, international organizations, Western states, and domestic opposition groups interact to put pressure on offending governments. The authors offer an elaborate model of the spread of the norms in which persuasion, sanctions, coalition building, and domestic institutions all effect political change. Cases drawn from Asia, Latin America, Africa, and eastern Europe tell the story of an international system -- increasingly dense in human rights groups, multilateral agreements, and entangling norms -- that can isolate illiberal regimes and push them to reform; South Africa, Chile, and the Philippines, among other cases, are probed. The authors argue that this changed international environment is ultimately more important than specific country features and economics in explaining the spread of human rights norms around the world. The conclusion draws useful lessons for policymakers and advocates alike and the combined efforts of the world community.