ECH 2300 Lecture Notes - Lecture 6: United Nations Convention Against Torture

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What do the treaty bodies do?
- Committee to see treaties (9 of them)
- Treaty bodies are made of experts who are nominated by states; expected to act in an
independent manner
- Types of treaty bodies
1. Reviewing states’ periodic reports
ď‚·Submit a report indicating how they are complying
ď‚·Developed in 1960s when rigorous types of scrutiny were unheard of
ď‚·Treaty bodies receive information from NGOs
ď‚·Follow up questions to states
2. Reaching views on individual petitions
ď‚·Individuals make a human rights complaint to the treaty body
ď‚·Very long process; often rejected
ď‚·Not lived up to the hope of human rights advocates
“Views” ignored by states; rarely followed up
ď‚·In some regional cases (EU), it works !
3. Investigating a complaint raised by one state against another state
ď‚·Familiar concept (trade law for example)
ď‚·But unusual
ď‚·Interest to protect in another country
ď‚·Worked in Europe (military regime in Greece)
ď‚·Never been used
ď‚·Fear of counter-complaints; will not bring results at an international level
ď‚·Political methods instead (voting on UN HRC)
4. Issuing general comments
ď‚·Treaty bodies offer opinions on provisions for example
In domestic courts, they address “limits” on rights
ď‚·Far too little case-based intervention by UN treaty bodies
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Document Summary

Treaty bodies are made of experts who are nominated by states; expected to act in an independent manner. Types of treaty bodies: reviewing states" periodic reports. Submit a report indicating how they are complying. Developed in 1960s when rigorous types of scrutiny were unheard of. Follow up questions to states: reaching views on individual petitions. Individuals make a human rights complaint to the treaty body. Not lived up to the hope of human rights advocates. In some regional cases (eu), it works ! Investigating a complaint raised by one state against another state. Worked in europe (military regime in greece) Fear of counter-complaints; will not bring results at an international level. Treaty bodies offer opinions on provisions for example. In domestic courts, they address limits on rights. Far too little case-based intervention by un treaty bodies. Discuss how particular parts on treaties should be interpreted. Some treaty bodies have authority to launch independent investigation.

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