Human Rights Committee
Encyclopedia
The United Nations Human Rights Committee is a United Nations
body of 18 experts that meets three times a year for four-week sessions (spring session at UN headquarters in New York, summer and fall sessions at the UN Office in Geneva) to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights
, ICCPR, and to examine individual petitions concerning 112 States parties to the Optional Protocol.
The Committee is one of nine UN-linked human rights treaty bodies, each responsible for implementing a particular human rights treaty.
States that have ratified or acceded to the First Optional Protocol
(currently 112 countries) have agreed to allow persons within their jurisdiction to submit complaints to the Committee requesting a determination whether provisions of the Covenant have been violated. For those countries, the Human Rights Committee functions as a mechanism for the international redress of human rights abuses, similar to the regional mechanisms afforded by the Inter-American Court of Human Rights
or the European Court of Human Rights
. The First Optional Protocol entered into force on 23 March 1976.
The Second Optional Protocol
, in force since 11 July 1991, addresses the abolition of the death penalty
and has been ratified by 71 states.
The Human Rights Committee should not be confused with the more high-profile Commission on Human Rights
, a Charter
-based mechanism, or its replacement, the Human Rights Council
. Whereas the Commission on Human Rights was a political forum where states debated all human rights concerns (since June 2006, replaced by the Council in that function), the Human Rights Committee is a treaty
-based mechanism where a group of experts examines reports and rules on individual communications pertaining only to the International Covenant on Civil and Political Rights. It remains disputed whether the Human Rights Committee's "Views under artible 5(4) of the Optional Protocol" qualify as decisions of a quasi-judicial body
or simply constitute authoritative interpretations on the merits of the cases brought before them.
The members of the Human Rights Committee, who must be "of high moral character and recognized competence in the field of human rights", are elected by the member states but on an individual basis, not as representatives of their countries. They serve four-year terms, with one-half of their number elected every second year at the General Assembly
.
While the Optional Protocol enables the Committee, but nobody else, to receive and consider communications from individuals claiming to be victims of violations of any of the rights set forth in the ICCPR , in reality, it is a secretariat, called Petitions Unit, which receives, considers and decides whether to register and pass to the Committee any communications. In effect “Of the thousands of general letters of complaint that arrive at the UN each year, only a small fraction is channelled to the Human Rights Committee by the UN secretariat”. This practice is analogous to a court office deciding whether a matter should go to trial.
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
body of 18 experts that meets three times a year for four-week sessions (spring session at UN headquarters in New York, summer and fall sessions at the UN Office in Geneva) to consider the five-yearly reports submitted by 162 UN member states on their compliance with the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966, and in force from March 23, 1976...
, ICCPR, and to examine individual petitions concerning 112 States parties to the Optional Protocol.
The Committee is one of nine UN-linked human rights treaty bodies, each responsible for implementing a particular human rights treaty.
States that have ratified or acceded to the First Optional Protocol
First Optional Protocol to the International Covenant on Civil and Political Rights
The First Optional Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual complaint mechanism for the International Covenant on Civil and Political Rights . It was adopted by the UN General Assembly on 16 December 1966, and entered...
(currently 112 countries) have agreed to allow persons within their jurisdiction to submit complaints to the Committee requesting a determination whether provisions of the Covenant have been violated. For those countries, the Human Rights Committee functions as a mechanism for the international redress of human rights abuses, similar to the regional mechanisms afforded by the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...
or the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
. The First Optional Protocol entered into force on 23 March 1976.
The Second Optional Protocol
Second Optional Protocol to the International Covenant on Civil and Political Rights
The Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty is a side agreement to the International Covenant on Civil and Political Rights. It was created on 15 December 1989, and entered into force on 11 July 1991. As of...
, in force since 11 July 1991, addresses the abolition of the death penalty
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
and has been ratified by 71 states.
The Human Rights Committee should not be confused with the more high-profile Commission on Human Rights
United Nations Commission on Human Rights
The United Nations Commission on Human Rights was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006...
, a Charter
United Nations Charter
The Charter of the United Nations is the foundational treaty of the international organization called the United Nations. It was signed at the San Francisco War Memorial and Performing Arts Center in San Francisco, United States, on 26 June 1945, by 50 of the 51 original member countries...
-based mechanism, or its replacement, the Human Rights Council
United Nations Human Rights Council
The United Nations Human Rights Council is an inter-governmental body within the United Nations System. The UNHRC is the successor to the United Nations Commission on Human Rights , and is a subsidiary body of the United Nations General Assembly...
. Whereas the Commission on Human Rights was a political forum where states debated all human rights concerns (since June 2006, replaced by the Council in that function), the Human Rights Committee is a treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
-based mechanism where a group of experts examines reports and rules on individual communications pertaining only to the International Covenant on Civil and Political Rights. It remains disputed whether the Human Rights Committee's "Views under artible 5(4) of the Optional Protocol" qualify as decisions of a quasi-judicial body
Quasi-judicial body
A quasi-judicial body is an individual or organization which has powers resembling those of a court of law or judge and is able to remedy a situation or impose legal penalties on a person or organization.-Powers:...
or simply constitute authoritative interpretations on the merits of the cases brought before them.
The members of the Human Rights Committee, who must be "of high moral character and recognized competence in the field of human rights", are elected by the member states but on an individual basis, not as representatives of their countries. They serve four-year terms, with one-half of their number elected every second year at the General Assembly
United Nations General Assembly
For two articles dealing with membership in the General Assembly, see:* General Assembly members* General Assembly observersThe United Nations General Assembly is one of the five principal organs of the United Nations and the only one in which all member nations have equal representation...
.
Registration of the Communication
A communication must be addressed to the Committee and submitted by letter, fax or email. There is no mandatory format for communications.While the Optional Protocol enables the Committee, but nobody else, to receive and consider communications from individuals claiming to be victims of violations of any of the rights set forth in the ICCPR , in reality, it is a secretariat, called Petitions Unit, which receives, considers and decides whether to register and pass to the Committee any communications. In effect “Of the thousands of general letters of complaint that arrive at the UN each year, only a small fraction is channelled to the Human Rights Committee by the UN secretariat”. This practice is analogous to a court office deciding whether a matter should go to trial.
Members
| Name | State | Term |
|---|---|---|
| Abdelfattah Amor |  Tunisia |
2011–2014 |
| Mohammed Ayat |  Morocco |
2008–2012 |
| Cornelis Flinterman |  Netherlands |
2011–2014 |
| Christine Chanet |  Early Modern France |
2011–2014 |
| Ahmad Amin Fathalla |  Egypt |
2008–2012 |
| Yuji Iwasawa |  Japan |
2011–2014 |
| Helen Keller |  Switzerland |
2011–2014 |
| Rajsoomer Lallah |  Mauritius |
2008–2012 |
| Bouzib Lazhart |  Algeria |
2008–2012 |
| Zonke Zanele Majodina |  South Africa |
2011–2014 |
| Iulia Motoc Iulia Motoc Iulia Antoanella Motoc is a Romanian international law professor and international expert, now Member of the United Nations Human Rights Committee. Moţoc is a professor at the University of Bucharest, where she holds courses on International law, Human rights, European law... |
 Kingdom of Romania |
2011–2014 |
| Michael O'Flaherty |  Republic of Ireland |
2008–2012 |
| Margo Waterval | 2011–2014 | |
| Rafael Rivas Posada |  Colombia |
2008–2012 |
| Sir Nigel S. Rodley Nigel S. Rodley Sir Nigel Simon Rodley KBE is an international human rights lawyer and professor.-Current positions:Rodley is:*a member of the UN Human Rights Committee, a body of 18 human rights experts that monitors UN member states' compliance with the International Covenant on Civil and Political Rights, and*a... |
 United Kingdom |
2008–2012 |
| Fabian Omar Salvioli |  Argentina |
2008–2012 |
| Krister Thelin |  Sweden |
2008–2012 |
| Gerald Neuman |  United States |
2011–2014 |