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The Jurisprudence of the United Nations Human Rights Committee and Other Treaty Monitoring Bodies

The Jurisprudence of the United Nations Human Rights Committee and Other Treaty Monitoring Bodies I. INTRODUCTION Issues affecting minorities are addressed within the UN system in two broad ways: through charter-based bodies' and treaty-based mechanisms established according to multilateral treaties. This article focuses on the treaty-based bodies, looking at developments from autumn 2001 to end 2002. Each of the six legally binding international human rights trea- ties within the UN human rights system has a Committee established under the respec- tive treaty2 providing a means of monitoring state party compliance with the obligations outlined. All treaties oblige states parties to submit regular reports at specified intervals regarding their implementation of treaty provisions. The respective Committee then ana- lyzes the reports and issues concluding observations, in most cases together with recom- mendations. In addition, many of the bodies adopt non-state-specific General Comments or Recommendations.3 Monitoring is also effectuated under certain treaty mechanisms by the possibility of individual petition procedures. Provided the state party concerned has accepted the Committee's competence, individuals or groups of individuals can bring a case to the Committees regarding violation by the state party of treaty obligations. Thus far the CCPR, CERD, CAT and CEDAW are the only treaties that offer this additional means of gauging compliance.' Although ratification in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Yearbook of Minority Issues Online Brill

The Jurisprudence of the United Nations Human Rights Committee and Other Treaty Monitoring Bodies

European Yearbook of Minority Issues Online , Volume 2 (1): 29 – Jan 1, 2002

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
eISSN
2211-6117
DOI
10.1163/221161103X00256
Publisher site
See Article on Publisher Site

Abstract

I. INTRODUCTION Issues affecting minorities are addressed within the UN system in two broad ways: through charter-based bodies' and treaty-based mechanisms established according to multilateral treaties. This article focuses on the treaty-based bodies, looking at developments from autumn 2001 to end 2002. Each of the six legally binding international human rights trea- ties within the UN human rights system has a Committee established under the respec- tive treaty2 providing a means of monitoring state party compliance with the obligations outlined. All treaties oblige states parties to submit regular reports at specified intervals regarding their implementation of treaty provisions. The respective Committee then ana- lyzes the reports and issues concluding observations, in most cases together with recom- mendations. In addition, many of the bodies adopt non-state-specific General Comments or Recommendations.3 Monitoring is also effectuated under certain treaty mechanisms by the possibility of individual petition procedures. Provided the state party concerned has accepted the Committee's competence, individuals or groups of individuals can bring a case to the Committees regarding violation by the state party of treaty obligations. Thus far the CCPR, CERD, CAT and CEDAW are the only treaties that offer this additional means of gauging compliance.' Although ratification in

Journal

European Yearbook of Minority Issues OnlineBrill

Published: Jan 1, 2002

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