1An Overview of UN Human Rights Instruments

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MAJOR UNITED NATIONS HUMAN RIGHTS INSTRUMENTS
Dr. Sarah Pritchard

1An overview of UN human rights instruments

2An overview of the human rights treaty bodies

3International Convention on the Elimination of All Forms of Racial Discrimination Elimination of All Forms of Racial Discrimination (CERD) 1965

4International Covenant on Civil and Political Rights (ICCPR) 1966

5International Covenant on Economic, Social and Cultural Rights Economic, Social and Cultural Rights (ICESCR) 1966

6Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979

7Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984

8Convention on the Rights of the Child (CROC) 1990

9International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC) 1990

10The Convention on the Rights of Persons with Disabilities (CRPD) 2008

11International Convention for the Protection of All Persons from Enforced Disappearance (ICAPED) 2010

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1. An overview of UN human rights instruments

As a result of many years of standard-setting work, the UN has created a significant body of international human rights law. The International Bill of Rights with its four parts is regarded as constituting the main foundation of this body.

The website of the Office of the High Commissioner for Human Rights reproduces the text of the following internationalhuman rights instruments (as well as numerous instruments which are under development), including:

Charter of the United Nations
International Bill of Human Rights
Universal Declaration of Human Rights
International Covenant on Economic, Social and Cultural Rights
International Covenant on Civil and Political Rights
Optional Protocol to the International Covenant on Civil and Political Rights
Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty

Human Rights Defenders

UN Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: A/RES/53/144 (UN Declaration on Human Rights Defenders)
Proclamation of Teheran

Right of self-determination

Declaration on the Granting of Independence to Colonial Countries and Peoples
General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent sovereignty over natural resources"
International Convention against the Recruitment, Use, Financing and Training of Mercenaries

Prevention of discrimination

United Nations Declaration on the Elimination of All Forms of Racial Discrimination

International Convention on the Elimination of All Forms of Racial Discrimination
International Convention on the Suppression and Punishment of the Crime of Apartheid
International Convention against Apartheid in Sports
Discrimination (Employment and Occupation) Convention
Convention against Discrimination in Education
Protocol Instituting a Conciliation and Good Offices Commission to be responsible for seeking a settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education
Equal Remuneration Convention
Declaration on the Elimination of All Forms of Intolerance and of Discrimination based on Religion or Belief
Declaration on Fundamental Principles concerning the Contribution to the Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War
Declaration on Race and Racial Prejudice
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities

Rights of women

Declaration on the Elimination of All Forms of Discrimination against Women
Convention on the Elimination of All Forms of Discrimination against Women
Declaration on the Elimination of Violence against Women
Convention on the Political Rights of Women
Declaration on the Protection of Women and Children in Emergency and Armed Conflict
Optional Protocol to the Convention on the Elimination of Discrimination against Women

Rights of the child

Declaration on the Rights of the Child
Convention on the Rights of the Child
Optional protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
Optional protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
Declaration on Social and Legal Principles relating to the Protection and Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally
Minimum Age Convention, 1973 (No. 138)
Worst Forms of Child Labour Convention, 1999 (No. 182)

Slavery, servitude, forced labour and similar institutions and practices

Slavery Convention
Protocol amending the Slavery Convention
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery
Forced Labour Convention
Abolition of Forced Labour Convention
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the Prostitution of Others

Human rights in the administration of justice

Standard Minimum Rules for the Treatment of Prisoners
Basic Principles for the Treatment of Prisoners
Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
United Nations Rules for the Protection of Juveniles Deprived of the Liberty
Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Safeguards guaranteeing protection of the rights of those facing the death penalty
Code of Conduct for Law Enforcement Officials
Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
Basic Principles on the Role of Lawyers
Guidelines on the Role of Prosecutors
United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules)
United Nations Guidelines for the Prevention of Juvenile Delinquency (The Riyadh Guidelines)
United Nations Standard Minimum Rules for the Administration of Juvenile Justice ("The Beijing Rules")
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
Basic Principles on the Independence of the Judiciary
Model Treaty on the Transfer of Proceedings in Criminal Matters
Model Treaty on the Transfer of Supervision of Offenders Conditionally Sentenced or Conditionally Released
Declaration on the Protection of All Persons from Enforced Disappearances
Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions

Freedom of information

Convention on the International Right of Correction

Freedom of association

Freedom of Association and Protection of the Right to Organise Convention
Right to Organise and Collective Bargaining Convention
Workers' Representatives Convention
Labour Relations (Public Service) Convention

Employment

Employment Policy Convention
Convention (No. 154) concerning the Promotion of Collective Bargaining
Convention (No. 168) concerning Employment Promotion and Protection against Unemployment
Convention (No. 169) concerning Indigenous and Tribal Peoples in Independent Countries

Marriage, Family and Youth

Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples

Social welfare, progress and development

Declaration on Social Progress and Development
Declaration on the Rights of Mentally Retarded Persons
Principles for the protection of persons with mental illness and the improvement of mental health care
Universal Declaration on the Eradication of Hunger and Malnutrition
Declaration on the Use of Scientific and Technological Progress in the Interests of Peace and for the Benefit of Mankind
Guidelines for the Regulation of Computerized Personal Data Files
Declaration on the Rights of Disabled Persons
Convention on the Rights of Persons with Disabilities and Optional Protocol
Declaration on the Right of Peoples to Peace
Declaration on the Right to Development
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Universal Declaration on the Human Genome and Human Rights (UNESCO)

Right to enjoy culture, international cultural development and co-operation

Declaration of the Principles of International Cultural Co-operation
Recommendation concerning Education for International Understanding, Co-operation and Peace and Education relating to Human Rights and Fundamental Freedoms

Nationality, statelessness, asylum and refugees

Convention on the Nationality of Married Women
Convention on the Reduction of Statelessness
Convention relating to the Status of Stateless Persons
Convention relating to the Status of Refugees
Protocol relating to the Status of Refugees
Statute of the Office of the United Nations High Commissioner for Refugees
Declaration on Territorial Asylum
Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live

War crimes and crimes against humanity, including genocide

Convention on the Prevention and Punishment of the Crime of Genocide
Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity
Principles of international co-operation in the detection, arrest, extradition and punishment of persons guilty of war crimes and crimes against humanity

Humanitarian law

Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea
Geneva Convention relative to the Treatment of Prisoners of War
Geneva Convention relative to the Protection of Civilian Persons in Time of War
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I)
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

A distinction can be made between general and special instruments. General instruments usually encompass a wide range of human rights. They are, in a broad sense, part of a constitutional order and operate within the framework of the UN or regional structures of international cooperation. General instruments include:

Universal Declaration of Human Rights (1948)
European Convention for the Protection of Human Rights and Fundamental Freedoms (1950)
European Social Charter (1961)
American Declaration of the Rights and Duties of Man (1948)
American Convention on Human Rights (1969)
African Charter on Human and Peoples’ Rights (1981)

In its classification of special instruments, the Office of the High Commissioner compilation uses the following categories:

right of self-determination
prevention of discrimination
rights of women
rights of the child
slavery, servitude, forced labour and similar institutions and practices
human rights in the administration of justice
freedom of information
freedom of association
employment
marriage, family and youth
social welfare, progress and development
right to enjoy culture
nationality, statelessness, asylum and refugees
war crimes and crimes against humanity, including genocide
humanitarian law

Amongst these general instruments, there are three main objectives:

elimination of discrimination: Special instruments have been developed to combat racial discrimination, discrimination against women, discrimination based on religion or belief, discrimination in employment, occupation and remuneration, and discrimination in education;

protection of vulnerable persons and groups: Instruments address the special rights and interests of ethnic, religious and linguistic minorities, women, children, detainees and prisoners, workers, indigenous and tribal peoples, mentally retarded and mentally ill persons, disabled persons, migrant workers, stateless persons and refugees;

struggle against large-scale evil practices: These include genocide, apartheid, slavery and other forms of human exploitation, torture and other crimes against humanity.

The legal status of these different human rights instruments varies. Those referred to as declarations, principles, guidelines, standard rules and recommendations are not the same as treaties. They do not require ratification and are without direct binding legal effect. At the very least, they have undeniable moral force and are declaratory of principles broadly accepted within the international community. Some have acquired the status of customary international law.

On the other hand, international treaties, variously referred to as covenants, protocols and conventions, are legally binding on those States which ratify or accede to them. Many establish bodies to supervise implementation by States parties of their treaty obligations (so-called treaty bodies).

2. An overview of the human rights treaty bodies

The ten human rights treaty bodies are:

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 Disappearance(CED)

All treaty bodies consider periodic reports submitted by States parties on the legislative, judicial, administrative and other measures taken to give effect to their treaty obligations. Treaty bodies also adopt “concluding observations” or “concluding comments” in relation to the periodic report.

The Human Rights Committee, CERD Committee and CAT Committee, must also consider communications by a State party concerned that another State party is not giving effect to the provisions of the relevant treaty. This is an optional procedure in the case of the Human Rights Committee and CAT Committee and to date there has been no instance of an inter-State communication.

Furthermore, the Human Rights Committee, CERD Committee, CAT Committee and CEDAW Committee, must consider communications from individuals claiming violations of their rights under the relevant treaty. This procedure is optional, and requires either ratification of an optional protocol (in the case of the ICCPR and CEDAW), or a declaration by the relevant State party recognising the competence of the treaty body to receive individual petitions (in the case of CERD and CAT). In all cases, the individual communication procedure is available only upon the exhaustion of local remedies.

All treaty bodies adopt “general comments” or “general recommendations” which seek to promote a better understanding of the provisions of the particular treaty. These do not address the situation in any specific State, but draw on experience gained through examination of a large number of reports by the treaty body.

3. International Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1965

The International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the General Assembly on 21 December 1965. It entered into force on 4 January 1969. As at 24 July 2011, there were 174 States parties to CERD.

In Article 1(1) the term “racial discrimination” is defined broadly as:

any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

According to this definition, a positive intention to discriminate is not a necessary precondition to racial discrimination.

Parties to CERD undertake to pursue a policy of “eliminating racial discrimination ... and promoting understanding among all races'' (Article 2(1)). In particular, parties undertake to eradicate all practices of racial segregation and apartheid, to adopt immediate measures to eradicate incitement to, and acts of racial hatred and discrimination and to declare an offence punishable by law dissemination of ideas based on racial superiority or hatred, incitement to racial discrimination and acts of racist violence (Articles 3, 4).

In Article 5 States parties undertake “to prohibit and to eliminate racial discrimination ... and to guarantee the right of everyone, without distinction ... to equality before the law''. Article 5 contains a lengthy list of rights and freedoms in the enjoyment of which racial discrimination is to be eliminated and equality before the law guaranteed. These include civil and political, as well as economic, social and cultural rights.

The enumerated civil and political rights include:

right to equal treatment before the organs administering justice;
right to security of the person and to protection against violence;
right to participate in elections and to take part in government and in the conduct of public affairs;
freedom of movement;
right to leave any country and to return to one's own country;
right to nationality;
right to marriage and choice of spouse;
right to own property alone, as well as in association with others;
right to inherit;
freedom of thought, conscience and religion, and of opinion and expression; and
freedom of peaceful assembly and association.

Prohibition of racial discrimination is guaranteed in the enjoyment of, amongst others, the following economic, social and cultural rights:

right to work, to just and favourable conditions of work and to protection against unemployment;
right to form and join trade unions;
right to housing;
right to public health, medical care and social security;
right to education and training, and
right to equal participation in cultural activities.

The Convention aims to achieve not only de jure but also de facto racial equality. Thus, special measures taken in relation to certain racial or ethnic groups are not considered racial discrimination, provided that:

they do not lead to the maintenance of unequal or separate rights for different groups; and
they are not continued after the objectives for which they were taken have been achieved: Articles 1(4), 2(2).

The Committee on the Elimination of Racial Discrimination monitors compliance with the Convention. The Committee consists of 18 experts “of high moral standing and acknowledged impartiality''. The Committee is involved in monitoring compliance with the Convention in three ways:

a)States parties are required to submit periodic reports to the Committee on the legislative, judicial, administrative and other measures they have taken to give effect to the Convention.