Beyond Litigation: Working with Special Rapporteurs, Treaty Bodies and the Inter-American Commission...
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Transcript of Beyond Litigation: Working with Special Rapporteurs, Treaty Bodies and the Inter-American Commission...
Beyond Litigation: Working with Special Rapporteurs, Treaty Bodies and the
Inter-American Commission on Human Rights
Lauren BartlettResearch & Training Director
Center for Human Rights & Humanitarian LawAmerican University Washington College of Law
Presentation Overview
• International, regional systems exist to protect and ensure the implementation of human rights– Universal system– Special procedures– Treaty bodies– Inter-American Commission on Human Rights
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• Universal System– United Nations
• Regional Systems– European Court of Human Rights– Inter-American Commission on Human Rights – Inter-American Court of Human Rights– African Commission on Human and Peoples’
Rights and Court on Human and People’s Rights
Human Rights Systems
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• National Mechanisms– National Human Rights Commissions – Executive Branch Organs– Federal Courts
• Local Mechanisms- Domestic Courts - State/City Human Rights Commissions
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• United Nations Charter– Signed in 1945– Based on post-war desire to create institution
to promote security, fundamental human rights and peace
– Provides operational structure and purposes for United Nations
– Highlights commitment to human rights and fundamental freedoms in Preamble & Purposes
Charter-Based
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• UN General Assembly– Made up of all members of UN
• Security Council– Consists of five permanent members (with veto
power) and ten rotating members based on regional diversity
• EcoSoc (Economic and Social Council)
Charter-Based Mechanisms
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• UN Human Rights Council– Formerly the UN Commission on Human Rights– Not independent experts, political appointees,
represent the party/govt line• Special Procedures– Working Groups– Special Rapporteurs– Independent Experts
More Charter-Based Mechanisms
Special Procedures
• Independent human rights experts • Report and advise on human rights from a thematic
or country-specific perspective. • 39 thematic special procedures• 14 country mandates• Activities:– Country visits – Communications/Complaints – Reports to Human Rights Council– Other activities
Legal Aid & Special Rapporteurs
• Migrant Camp Access– SR on extreme poverty & human rights
• Post-Katrina Housing– SR on adequate housing
• Homeless Camps in Sacramento, CA– SR on adequate housing
• Water Shut-offs in Detroit– SR on human right to water & sanitation
Human Rights Treaty Bodies
• Committees of independent experts• Monitor implementation of human rights treaties– Periodic reviews – Individual complaints (US opts out)– General Comments
• Created in accordance with the provisions of the treaty that they monitor
• OHCHR supports the work of treaty bodies & Special Rapporteurs
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• Emerged from voluntary (horizontal) agreement of sovereign nations to draft, sign, ratify and implement treaties
Treaty-Based Mechanisms
UN Human Rights Treaty Bodies
• Human Rights Committee• Committee Against Torture• Committee on the Elimination of Racial
Discrimination• Committee on the Rights of the Child
Periodic Reviews
• Periodic Reviews of countries that have ratified
• US Reviews– Human Rights Committee: March 2014– CERD Committee: August 2014– CAT Committee: November 2014– (UPR: May 2015)
Review Process• Govt submits periodic report to treaty body– Govt supposed to consult with NGOs
• Review scheduled in Geneva• Secretariat schedules deadline for NGOs to
submit shadow reports• Treaty body publishes list of issues• NGOs submit shadow reports to treaty body
Review Process Cont’d
• Review takes place in Geneva– NGO consultation during review, w/o govt present– 1st day: Govt provides introduction, treaty body
questions govt– 2nd day: Govt provides answers to treaty body
• Treaty Body issues “Conclusions & Recommendations”
UN Human Rights Council’s Universal Periodic Review
• Review of the human rights records of all UN Member States.
• Review of human rights record under all human rights instruments, regardless of signature or ratification.
• First cycle 2010• Second cycle begins in 2015– US May 2015
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• European• African• Inter-American • (ASEAN)
• All consist of a Commission and a Court• All require exhaustion of domestic remedies
before appealing to regional bodies
Regional Human Rights Bodies
Inter-American System
• Oldest regional system (established 1948)• Emerged from the Organization of
American States (OAS)• Two-tiered system: a Commission and a
Court
Inter-American System: Key Documents
• American Declaration on the Rights and Duties of Man (1948)– Adopted six months before the UDHR
• American Convention on Human Rights (1978)– Sets up compulsory jurisdiction of the Court– US has not signed the Convention (therefore only the Inter-
American Commission has jurisdiction over the US)
Inter-American Commission
• Thematic Hearings• Individual Cases• Precautionary Measures• Also has special procedures
National
Regional
Int’l
Links between national, regional and global systems
Global & regional protection are
complementary
global & regional norms require national implementation
Global & regional protection if national remedies have been
exhausted
National norms should be consistent with global and
regional standards