mod 9-12

Question 1

A treaty body differs from a charter body in
four key respects

Answer 1

1* It derives its authority from the provisions of a particular treaty (or
protocol thereto), not from the UN Charter.

2 * The scope of its authority (mandate) is limited to the set of issues specified in the treaty (or in the relevant protocol thereto).

3. authority to monitor complaints is limited to the state parties that have ratified the treaty and any relevant protocols. It does not extend to all UN member states.

4* Its decision-making is based on consensus, not majority voting

Question 2

Treaty based Human Rights bodies and charter based

Answer 2

The Treaty Based Bodies are:
* Human Rights Committee
* Committee on Economic, Social and Cultural Rights
* Committee on Elimination of Discrimination against Women
* Committee on Elimination of Racial Discrimination
* Committee against Torture
* Committee on the Rights of Persons with Disabilities

** Charter Based Bodies**
* Human Rights Council
* Universal Periodic Review Working Group
* Human Rights Council Advisory Committee

Question 3

Mandate and structure of UN HRC

Answer 3

Mandate and Structure
The HRC is composed of 47 member states, elected by the General Assembly for staggered three-year
terms,= 13 seats for Africa
* 13 seats for Asia-Pacific
* 8 seats for Latin America and the Caribbean
* 7 seats for Western Europe and other states
* 6 seats for Eastern Europe
Re-election of term only once consecutively. States elected to the HRC are expected to uphold the highest human rights standards. If they
commit gross violations, their membership can be suspended by a two-thirds vote of the General
Assembly.

Mandate
* Addressing human rights violations worldwide.
* Promoting human rights education and awareness.
* Reviewing the human rights performance of all UN member states through the Universal Periodic
Review (UPR).
* Supporting the work of Special Procedures (i.e., independent experts focusing on specific issues
or countries).
* Advising on emerging human rights concerns through the Advisory Committee.

Question 4

Treaty vs CHarter based complaints process

Answer 4

Complaint Procedures: Charter-Based vs. Treaty-Based Systems

1. Charter-Based System:
   
   • Complaints must provide factual details, not rely solely on media reports, and show that all domestic remedies were tried first.
   • If the issue is being handled by another human rights body, the complaint will not be accepted.
   • Complaints go through initial screening by the Office of the High Commissioner for Human Rights (OHCHR) and two working groups (Working Group on Situations and Working Group on Communications) before reaching the Human Rights Council (HRC).
2. Treaty-Based System:
   
   • Each core human rights treaty has an expert committee (10-23 members) that handles complaints specific to that treaty.
   • Individuals can submit complaints, and the process is confidential and written, with no oral hearings.
   • Legal representation is recommended but not mandatory, and no legal aid is provided.
   • Complaints are not accepted if another human rights institution has already been approached.
   • The committee issues “views” (decisions) which are not legally binding.

Key Differences:
- Scope: Charter-based procedures cover broad human rights issues for all UN member states, while treaty-based procedures apply only to states that have ratified specific treaties.
- Process: Charter-based complaints go through multiple screening levels before the HRC, whereas treaty-based complaints are handled by specific treaty committees.
- Binding Nature: Neither system’s decisions are legally binding, but charter-based findings encourage dialogue, while treaty-based bodies offer specific “views” on individual cases.

Question 5

Key Mechanisms of the HRC
1. Universal Periodic Review (UPR)
2. Special Procedures
3. Complaints Procedure

Answer 5

UPR= The UPR is a peer-review mechanism through which the Council evaluates the human rights performance of every UN member state once every four to five years.
Outcome: The reviewed state receives recommendations and is expected to take action to align
its practices with international human rights norms.

2. Special Procedures
   The Council appoints independent human rights experts under its Special Procedures mechanism to
   investigate thematic issues or country-specific situations.
   Examples of Special Procedures Themes:
   o Right to adequate housing
   o Freedom of expression
   o Gender discrimination and violence
   o Human trafficking
3. Complaints Procedure
   The HRC provides a confidential process for individuals or organizations to submit complaints about
   consistent patterns of gross human rights violations. This mechanism ensures that the HRC can engage
   with governments and other stakeholders to investigate and resolve issues without public exposure or
   politicization.
   * Steps:
4. Submission of complaints by individuals, NGOs, or groups.
5. Screening by a Working Group.
6. The Council’s review and recommendations to address the issues

Question 6

Subsidiary Bodies of the HRC
Human Rights Council Advisory Committee

Answer 6

-The Advisory Committee functions as a think tank for the Council.
-Example Contributions:
o Reports on the impact of new technologies on human rights.
o Studies on human rights and extreme poverty.

CHALLENGES:
1. Politicization and Bias =Powerful states sometimes shield allies from scrutiny, undermining the Council’s credibility.
2. Enforcement Mechanisms
* The HRC can make recommendations, but lacks enforcement power
3. Funding and Resources

KEY achievement
1. Fact-finding missions and commissions of inquiry: The HRC has deployed investigation teams to conflict areas such as Syria, Yemen, and Myanmar, producing evidence-based reports on violations.

Special Sessions of the HRC:o convene special sessions to address urgent situations where there are gross and systematic violations of human rights.
* The Syrian conflict (addressing war crimes and humanitarian crises).
* Israeli-Palestinian conflict.
* Sudan and Rohingya refugee crisis.

Question 7

Universal Periodic Review (UPR)

Answer 7

Objectives and Purpose of the UPR
* The UPR serves as a platform to assess and improve human rights conditions by reviewing
progress and challenges faced by states. Its objectives include:
* Promoting universal respect for human rights through cooperative dialogue.
* Monitoring compliance with international human rights obligations.

PROCESS=
Universal Periodic Review (UPR) Process

The UPR reviews each UN member state’s human rights practices every 4-5 years, focusing on past progress, current challenges, and future goals.

1. Report Preparation:
   
   • National Report: From the state, detailing human rights efforts and challenges.
   • UN Report: Compiled by OHCHR from UN bodies.
   • Stakeholder Report: Inputs from NGOs and civil society.
2. Working Group Review:
   
   • The state presents its report in Geneva, followed by a peer review where other states give recommendations.
3. Outcome Report:
   
   • Summarizes recommendations and the state’s responses, adopted in an HRC session, where NGOs can provide statements.
4. Follow-Up:
   
   • States implement recommendations voluntarily, with optional mid-term updates, relying on their own commitment to compliance.

Question 8

Examples of UPR Impact on Countries

Answer 8

Tunisia:
Following the UPR review, Tunisia strengthened protections for women’s rights by adopting new
laws on domestic violence.
* Colombia:
Recommendations from the UPR helped Colombia incorporate transitional justice
mechanisms during its peace process.
* Myanmar:
The UPR drew international attention to the Rohingya crisis, though the follow-up and impact
were limited due to Myanmar’s non-cooperation.

further it leads to Increased awareness, Enhanced engagement with UN treaties and Encouragement of dialogue

Question 9

Human Rights Council Advisory Committee
The Human Rights Council Advisory Committee (HRCAC) serves as the “think tank” of the United Nations
Human Rights Council (HRC),

Answer 9

Mandate:
1. Providing thematic reports and studies on emerging human rights issues.
2. Formulating proposals for the HRC’s consideration and future work.
3. Bridging the gap between academic research and policymaking through evidence-based advice.
4. Supporting the HRC in building knowledge on topics not adequately addressed by other UN
bodies.
5. Engaging with civil society organizations (CSOs) to reflect diverse viewpoints in its research.

Regional Representation
* 5 members from African states
* 5 members from Asia-Pacific states
* 2 members from Eastern European states
* 3 members from Latin American and Caribbean states
* 3 members from Western European and other states
Terms of Membership
* Members serve for a term of three years, with the possibility of one re-election.

Upon the HRC’s request, the Committee carries out research on thematic human rights
issues, such as:
▪ Rights of indigenous peoples
▪ Human rights and technology
▪ The impact of climate change on human rights
▪ Business and human rights

this committee only works on issues assigned by UN HRC

Question 10

The African Charter on Human and Peoples’ Rights,

Answer 10

AKA BANJUL CHARTER - international human rights instrument adopted by the African Union and outlines the rights and freedoms of individual groups within the African Continent.

• defines various categories of rights, including civil and political rights, economic, social, and cultural rights, and collective (or “peoples’”) rights.
  ** ● Part1: Article 1-29 explains the rights given the African People under the charter
  ● Part2: Article 30-44 talks aboutAfrican Commission and procedure of safeguard
  Part3:Article 45-68 talks about procedure followed by African Commission**

* African Commission on HumanandPeople’s Rights (ACHPR) + Mandate/Purpose + Composition*
- created under Banjul Charter- primarily tasked with promoting and protecting human rights in Africa,
- mandate to interpret the provisions of the African Charter, monitor the
human rights situation in African countries, and make recommendations to govts on how to improve their human rights records.
- included traditional human rights +self-determination, development, and the environment.
- ACHPR is composed of 11 members who are elected by the Assembly of Heads of State and Government of the African Union.
- Commissioners serve six-year terms and can be re-elected.

FUNCTIONS= promotion an dprotection of human rights, monitoring and reporting and advisory opinions

AChievement of ACHPR:
vocal advocate for the abolition of the death penalty , championed the rights of vulnerable and marginalised groups, combat torture and ill-treatment in Africa. constructive relationships with civil society organisations and
NGOs

Question 11

African comission on Human And Peoples rights vs African COurt-

Answer 11

ACHPR= quasi judicial body, monitors and promotes HR in Africa
AFCourt= judicial body est under the protocol of ACHPR and it adjudicates cases

ACHPR= deals with wide range of activities and examines state reports and conducts investigations and ssue reccs
AFCOURT= deals with
individual and interstate cases brought before it. It has the authority to issue binding judgment and provide remedies to victims. legally enforceable on member states

The AfCHPR provides a forum for
individuals, non-governmental
organizations, and states to seek justice for human rights violations when domestic remedies have been exhausted or are unavailable.

Question 12

AFCOURT

HQ= Arusha, Tanzania

Answer 12

11 judges, elected by the Assembly of Heads of State and Government of the African Union (AU).
● Judges serve six-year terms and can be re-elected. high moral character, impartial, and possess recognized competence in the field of human rights law.

LANDMARK Judgements
The Endorois Welfare Council and Minority Rights Group International v. Kenya (2009)
- The court found that Kenya had violated the Endorois’ right to property, culture, religion, and natural resources by evicting them from their ancestral land without adequate compensation or consultation

Michelot Yogogombaye v. Senegal (2009)
○ In this case, the court ruled that Senegal had violated the right to a fair trial and the
prohibition of torture.
○ It highlighted the importance of providing e ective legal representation to accused
individuals and ensuring that evidence obtained through torture is inadmissible.

** ● The Democratic Republic of the Congo v. Uganda (2006):**
○ This interstate case involved the Congo’s allegations that Uganda had committed human rights violations during its military intervention.
○ The court ruled in favor of the Congo, holding that Uganda had violated various provisions of the African Charter.

CHALLENGES:
-Limited Accession and Ratification: limited no of African Unions have ratified the protocol
-Enforcement of Decisions:
-Access to Justice= The complex and lengthy procedures, as well as the costs associated with litigation at the AfCHPR, can deter potential litigants from pursuing justice.
-Interstate Case: it requires the
consent of both parties involved and states may not be willing to have their disputes adjudicated by the AfCHPR,

Question 13

Maputo Protocol

Answer 13

WomeninAfrica (Maputo Protocol) Focuses on the rights of womenandgirls,addressing issues like gender-based violence,
discrimination, and reproductive health.
○ Acknowledges women’s rights to participate in political processes, own property, and access education and healthcare

African Charter on Rights and Welfare of Child- Emphasizestheright to education, protection from abuse, and access to healthcare.
○ Establishes the African Committee of Experts on the Rights and Welfare of the Child

Question 14

European Convention on Human Rights

HQ=Strasbourg, France

Answer 14

• landmark treaty established by the Council of Europe in which The Committee of Ministers is the Council’s decision-making body.
  ○ It comprises the foreign ministers of all member states or their authorized representatives
• designed to protect human rights and fundamental freedoms across European states, in response to the atrocities of World War II.
• The ECHR is legally binding for its member states
  key points
• right to life, prohibition of torture, right to respect for private and family life, freedom of expression
• The ECHR also establishes the European Court of Human Rights (ECtHR), based in Strasbourg, France.
• 47 member states with equal voting power
• ● Criteria for Membership
  ○ To become a member of the Council of Europe, a country must demonstrate a
  commitmenttothe organization’s values.
  ○ Keycriteriainclude:
  ■ Democracy: Prospective members should have democratic institutions, free
  and fair elections, and respect for political pluralism.
  ■ HumanRights: Commitment to upholding human rights, as outlinedinthe
  European Convention on HumanRights,is a central requirement.
  ■ Rule of Law: Member states must maintain a functioning legal system that
  adheres to the principles of the rule of law.
  ■ Territorial Integrity: Respect for the territorial integrity of all member states
  is essential.

Question 15

1. The European Court of Human Rights (ECtHR)

in Strasbourg, France

Answer 15

Court Structure:
Judges: this includes 46 judges, each nominated by their respective countries. Judges serve for a single nine-year term.
(a 17-judge panel used in significant cases= grand chamber)
Chambers are composed of seven judges and handle standard cases.
Committees of three judges manage less complex cases and can issue summary decisions if the case clearly meets established standards.

Presidency: The Court has a President, elected by the judges of the Court. The President is the head of the Court and represents it in official matters.

Ireland v. the United Kingdom (1978): This case developed the definition of inhuman or degrading treatment.
Soering v. the United Kingdom (1989): Established the principle that extradition could be refused on human rights grounds if the individual faced the death penalty.
Oliari and Others v. Italy (2015): Recognized same-sex couples’ rights to legal recognition of their relationship.

Question 16

Inter-American Convention on Human Rights

Answer 16

rights include the right to humane treatment, freedom of conscience and religion, freedom of assembly, political rights, and the right to equal protection before the law. The IACHR also prohibits practices like slavery, servitude, and torture.

enforcement is carried out primarily by two bodies: the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights.
the comission investigates allegations and issues precautionary measures and conducts country visits to examine the HR in member states.

the inter american court of HR- based in San José, costa rica
it has legally binding decisions

Atala Riffo and Daughters v. Chile recognized sexual orientation as a protected category, setting an important precedent
Gonzálezetal.(“Cotton Field”) v. Mexico (2009):
○ This judgment highlighted the issue of forced labor in Mexico, particularly in the agricultural sector.
○ It underscored the state’s duty to protect workers from such abuses and to take measures to prevent and respond to labor exploitation

Question 17

ASEAN Intergovernmental Commission on Human Rights (AICHR)

Answer 17

Formed in 2009, it represents a significant step for ASEAN in institutionalizing human rights protections in a region with diverse political systems, cultures, and human rights practices. However, the AICHR faces challenges in enforcing standards due to the principle of non-interference that guides ASEAN and the Commission’s limited mandate.

Representatives: Each of ASEAN’s 10 member states appoints one representative to the AICHR epresentatives are selected by their respective governments and serve at their governments’ discretion, which influences the body’s independence.

Question 18

Suárez Peralta v. Ecuador

Answer 18

Suárez Peralta v. Ecuador (2013) is a landmark Inter-American Court of Human Rights case focused on health rights and judicial protection. In 2000, María Soledad Suárez Peralta, a 16-year-old in Ecuador, underwent surgery at a private clinic by an unlicensed surgeon, leading to severe health complications. Despite her complaints, Ecuador’s legal system failed to investigate or address the negligence adequately.
IT VIOLATED:
1. Right to Personal Integrity and Health
2. Right to Judicial Protection and Due Process
3. State Obligation to Ensure Human Rights (Article 1)

The Court found Ecuador in violation of Suárez Peralta’s rights to personal integrity and judicial protection, emphasizing that states must regulate and monitor healthcare services, even private ones, to protect individuals’ health. This case reinforced the state’s duty to ensure safe healthcare standards and provide effective legal remedies in cases of medical negligence.

Question 19

Garib v. The Netherlands

Answer 19

Garib v. The Netherlands (2017) is a European Court of Human Rights case on freedom of movement. Ms. Rosalind Garib, a Dutch citizen, was denied residence in a Rotterdam area under a law restricting low-income individuals from moving to high-poverty neighborhoods. She argued this violated her rights. The Court ruled that the restriction was lawful, aimed at improving social conditions, and did not disproportionately limit her rights under the European Convention on Human Rights.

so here the question was freedom of movement which is given in European convention on human rights,
This right is not absolute and can be restricted if the limitations are lawful, serve a legitimate aim, and are necessary in a democratic society. The Netherlands argued that its legislation pursued a legitimate goal of improving social and economic conditions and that the restrictions were proportionate.

it held there was a legitimate goal and was not regarding decrimination as it allowed the woman to freely relocate to neighborhoods where she fits the objective criteria of income and job
he ECtHR upheld the idea that states have some leeway to impose restrictions if they serve the public interest and are implemented with specific conditions to prevent arbitrary application.

Question 20

Opuz v. Turkey (2009) case is a landmark European Court of Human Rights (ECtHR)

Answer 20

The Opuz v. Turkey (2009) case is a landmark European Court of Human Rights (ECtHR) decision that addressed state responsibility in cases of domestic violence. Nahide Opuz and her mother suffered repeated abuse from Ms. Opuz’s husband over several years, resulting in her mother’s murder. Despite numerous complaints, Turkish authorities failed to protect them effectively or prosecute the husband, even as the violence escalated.

s. The Court found Turkey responsible for failing to prevent gender-based violence and recognized that inadequate state response and violated her right to live and prohibition of torture

State Responsibility in Domestic Violence: The case set an essential precedent that states are responsible for protecting individuals from domestic violence and may be liable for human rights violations if they fail to act against foreseeable harm.
Recognition of Gender-Based Violence as Discrimination: This was one of the first times the ECtHR explicitly linked domestic violence to gender discrimination, emphasizing that systemic inaction toward violence against women is a violation of their right to equal protection.
Enhanced Standards for Protection: The case strengthened the duty of states to take positive steps, such as preventive and protective measures, in domestic violence cases, establishing a standard for human rights protections against gender-based violence in Europe and beyond.

the right to life, prohibition of torture and inhuman treatment, and gender discrimination.

Question 21

Khamila Isayeva v. Russia

Answer 21

The Khamila Isayeva v. Russia (2007) case involved the European Court of Human Rights (ECtHR) examining Russia’s accountability for civilian harm in the Chechen conflict. Khamila Isayeva’s son was killed, and her other family members were injured when a Russian military convoy opened fire on their car as they attempted to flee a conflict zone in Chechnya in 2000. Isayeva argued that Russian forces used excessive, indiscriminate force and failed to protect civilian life.

The ECtHR ruled that Russia violated Article 2 (right to life) of the European Convention on Human Rights, finding that the military operation was poorly planned and executed without adequate safeguards for civilians. This judgment reinforced the need for accountability and precautionary measures to protect civilians in conflict zones, even in counter-terrorism operations.

Question 22

Rantsev v. Cyprus and Russia

Answer 22

The Rantsev v. Cyprus and Russia (2010) case before the European Court of Human Rights (ECtHR) involved the death of a Russian woman, Elena Rantseva, who was trafficked to Cyprus for sexual exploitation. Elena died under suspicious circumstances in 2001 after reportedly trying to escape her traffickers. Her death was initially ruled as a suicide, but her mother argued that the authorities failed to adequately investigate the circumstances of her death and the trafficking network that exploited her.

The ECtHR found that both Cyprus and Russia violated Article 4 (prohibition of slavery and forced labor) and Article 2 (right to life) of the European Convention on Human Rights. The Court held that:
1. Cyprus failed to investigate Elena’s death properly and did not take sufficient action to protect her from trafficking.
2. Russia failed to take appropriate steps to prevent Elena’s trafficking, despite her being a Russian national.

This case highlighted the importance of both preventing human trafficking and ensuring that victims are protected and that their deaths are thoroughly investigated. The ruling underscored states’ obligations to prevent trafficking and provide effective remedies for victims.