What are general comments?
A general comment is a treaty body’s interpretation of human rights treaty provisions, thematic issues or its methods of work. General comments often seek to clarify the reporting duties of State parties with respect to certain provisions and suggest approaches to implementing treaty provisions.
Are treaty bodies effective?
The article shows that the treaty bodies are successful at providing accurate overviews of states’ human rights performance, as well as learning opportunities. In contrast, the UPR’s main perceived strength lies in generating pressure on states.
Are general comments authoritative?
No single view has gained widespread acceptance,53 but it is clear that the legal status of general comments has grown beyond a mere technical recommendation into an authoritative source of interpretation.
Why are general comments important?
General Comments are valuable contributions to the development and application of international law and also provide guidance with regard to other issues. General Comments assist non-government stakeholders as well as Governments in understanding treaty provisions and in strengthening national advocacy.
What can treaty bodies do?
The human rights treaty bodies are committees of independent experts that monitor implementation of the core international human rights treaties. Each State party to a treaty has an obligation to take steps to ensure that everyone in the State can enjoy the rights set out in the treaty.
How is compliance with UN human rights treaties monitored?
Human rights tracker As a National Human Rights Institution (NHRI), we monitor the UK’s compliance with the seven United Nations (UN) human rights treaties it has agreed to follow. The rights in these treaties represent binding obligations in international law.
Are General Comments binding?
1 Not legally binding. It is commonly acknowledged that General Comments are not legally binding. The views expressed by governments and judges bear this out, with both groups stating that General Comments are important and expert pronouncements on Covenant issues, but not legally binding.
What is the significance of treaty bodies general comments?
Treaty bodies are committees of independent experts responsible for monitoring how ‘State parties’ (ie those States that have signed and ratified the relevant treaty, or are ‘a party to’) implement the treaty.
What are the six international human rights treaties monitored by the treaty bodies?
Timeline of Major International Human Rights Treaties
- 1948 Universal Declaration of Human Rights (Universal Declaration)
- 1948 Genocide Convention.
- 1951 Refugee Convention.
- 1960 Discrimination in Employment Convention.
- 1966 Racial Discrimination Convention.
- 1966 Economic, Social and Cultural Rights Covenant.
What are the key roles of the UN treaty bodies?
The treaty bodies’ functions include considering State parties’ periodic reports, adjudicating individual complaints, conducting country inquiries, adopting general comments interpreting treaty provisions, and organising thematic discussions related to the treaties.
Are treaty body decisions binding?
Treaties may provide for States to make optional and/or mandatory declarations. These declarations are legally binding on the declarants. Many human rights treaties provide for States to make optional declarations that are legally binding upon them.
What are concluding observations?
Concluding Observation Concluding observations refer both to positive aspects of a State’s implementation of the treaty and areas where the treaty body recommends that further action needs to be taken by the State.