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Summary: Every state in the world has undertaken
human rights obligations on the basis
of UN treaties. Today's challenge is to
enhance the effectiveness of procedures
and institutions established to promote
the accountability of governments.
CUP's summary of the publication
Contributors: James Crawford, Henry Steiner, Michael Banton, Mara R.
Bustelo, Gerrison Lansdown, Scott Leckie, Roland Bank, Andrew
Clapham, Anne Gallagher, Martin Scheinin, Yuji Iwasawa, John Dugard,
Andrew Byrnes, Stefanie Grant, Antônio Cançado Trindade, David
Harris, Daniel Bodansky, Eric Tistounet, Craig Scott, Michael
O'Flaherty, Elizabeth Evatt, Markus Schmidt, Philip Alston
Description
Every state in the world has undertaken human rights obligations on
the basis of UN treaties. Today's challenge is to enhance the
effectiveness of procedures and institutions established to promote
the accountability of governments. The six treaty bodies that monitor
and evaluate state policies and practices play a vital role, but the
whole system has been stretched almost to breaking point. It is under-
funded, many governments fail to report or do so very late or
superficially, there is a growing backlog of individual complaints,
broad reservations have been lodged by many states, and the expertise
of committee members has been questioned. This volume contains
detailed analyses of the strengths and weaknesses of the system,
written by leading participants in the work of the treaty bodies.
Their recommendations provide a blueprint for far-reaching reform of
a system of major importance for the future of international efforts
to protect human rights.
Chapter Contents
1. The UN human rights treaty system: a system in crisis? James
Crawford and Philip Alston; Part I. The UN Human Rights Monitoring
System in Action: 2. Individual chains in a world of massive
violations: what role for the human rights committee? Henry Steiner;
3. Decision-taking in the committee on the elimination of racial
discrimination Michael Banton; 4. The committee on the elimination of
discrimination against women Mara R. Bustelo; 5. The reporting
process under the convention on the rights of the child Gerrison
Lansdown; 6. The committee on economic, social and cultural rights:
catalyst for change in a system needing reform Scott Leckie; 7.
Country-orientated procedures under the convention against torture:
towards a new dynamism Roland Bank; 8. UN human rights reporting
procedures: an NGO perspective Andrew Clapham; Part II. National
Influences and Responses: 9. Making human rights treaty obligations a
reality: working with new actors and partners Anne Gallagher; 10.
Domestic implementation of international human rights treaties:
Nordic and Baltic experiences Martin Scheinin; 11. The domestic
impact of international human rights: the Japanese experience Yuji
Iwasawa; 12. The role of human rights treaties in domestic law: the
southern African experience John Dugard; 13. Uses and abuses of the
treaty reporting procedure: Hong Kong between two systems Andrew
Byrnes; 14. The United States and the international human rights
treaty system: for export only? Stefanie Grant; Part III. Regional
and Sectoral Comparisons: 15. Reporting in the inter-American system
of human rights protection Antônio Cançado Trindade; 16. The
reporting system of the European social charter David Harris; 17. The
role of reporting in international environmental treaties: lessons
for human rights supervision Daniel Bodansky; Part IV. Common
Challenges for the Treaty Bodies: 18. The problem of overlapping
among different treaty bodies Eric Tistounet; 19. Bodies of
knowledge: a diversity promotion role for the UN High Commissioner
for human rights? Craig Scott; 20. Treaty bodies in states of
emergency: the case of Bosnia and Herzegovina Michael O'Flaherty; 21.
Ensuring effective supervisory procedures: the need for resources
Elizabeth Evatt; 22. Servicing and financing human rights supervision
Markus Schmidt; Part V. Looking into the Future: 23. Beyond 'them'
and 'us': putting treaty body reform into perspective Philip Alston.Owner: Philip Alston, James Crawford