International Human Rights Law

Question 1

What are the 9 core human rights instruments?

Answer 1

General:
(1) Civil & Political Rights (ICCPR)
(2) Economic, Social and Cultural Rights (ICESCR)

Specific groups:
(3) Racial Discrimination (ICERD)
(4) Discrimination Against Women (CEDAW)
(5) Children (CRC)
(6) Migrant workers (CMW)
(7) Disabled people (CRPD)

Specific Issues:
(8) Torture (CAT)
(9) Enforced disappearances (CED)

Question 2

What are the institutions in the UN’s human rights protection system?

Answer 2

(1) Human Rights Council (does UPR)
(2) Treaty bodies (monitoring bodies for the 9 core treaties)
(3) UN High Commissioner for Human Rights

Question 3

What are the three documents produced when a state’s human rights situation is being reviewed under the UPR?

Answer 3

(1) National report (by the state)
(2) Info compiled by OHCHR: recommendations, observations since last review
(3) Stakeholders’ info (NGOs, regional orgs, academics etc.) - also compiled by OHCHR

Question 4

What are some disadvantages of UPR? (5)

Answer 4

(1) No enforcement mechanism

(2) Recommendations are often in “soft” language: they are not specific or measurable (they’re not SMART targets)

(3) Can’t address urgent matters as it’s cyclical

(4) “Friendly states” fill up time in hearing on supportive comments

(5) It’s not a rigorous technical review by experts

Question 5

What are some advantages of UPR? (6)

Answer 5

(1) Civil society groups within a country have a forum to coordinate

(2) Civil society groups can engage with their governments in a non-confrontational settting

(3) It can shine a light on a number of issues

(4) Developed states are reviewed too which ensures accountability of all

(5) All states participate

(6) It’s based on state cooperation

Question 6

According to Beth Simmons, what are the three ways that human rights treaties can influence the domestic context in favour of human rights?

Answer 6

1. Affecting elite-initiated agendas
2. Supporting litigation
3. Sparking political mobilisation