The Role of the United Nations in Protecting Human Rights Part 3 – The Human
Rights Council
Pages 360 – 375 and 388-396 of International Human Rights (Shah) – United Nations
Human Rights Council
Article 55 UN Charter – the UN shall promote universal respect for human rights and fundamental
freedoms for all without distinction as to race, sex, language, gender or religion.
UN has established Charter-based bodies to fulfil these functions
From the Commission on Human Right to the Human Rights Council
Commission created in 1946 by the UN Economic and Social Council to set standards of rights and to
and to help protect them.
However the Commission came under increasing criticism, particularly in relation to its increasing
politicism.
UN report for reform in 2005 set the stage for the replacement of it with the Human Rights Council.
Though that the system should move away from standard setting. Substantive negotiations began in
May that year
Established in General Assembly Resolution 60/251 – Commission abolished on 16 th June 2006, the
same day as the first meeting of the Council
Composition, Working Method and Mandate
Composed of 47 states. All states eligible for membership. Members are elected by a simple majority
vote of the members of the General Assembly.
Human Rights records, ratifications of treaties etc should be taken into account when voting
All members must uphold high standards of the protection and promotion of human rights. A member
that has committed gross violations can be suspended by the General Assembly by a 2/3 majority
NGO’s and Human Rights Institutions are able to get involved to a certain extent
Universal Periodic Review
Form of peer review. Performance measured against relevant treaties such as the UDHR
During each cycle all 193 UN states will be reviewed once every four and a half years
Review conducted by the UPR working group consisting of all members on the council and chaired by
the president
Reviews based upon National Report (prepared by each state in advance – 20 page max limit) the
compilation of UN information and the input of NGO’s and other similar organisations
Review consists of 3 hours of dialogue after which an outcome report is made
Is complimentary of, and is not in competition with procedures of the UN treaty bodies
Follow up UPR’s will be a test of the success of the council because it shows whether it’s
recommendations and concerns raised have been taken and dealt with by the member state involved
in the review
Responses to Urgent Situations
HRC (Human Rights Council) can convene for special sessions to hold urgent discussions about a
particular issue
Outcomes of these sessions regularly involve the creation of fact-finding missions, the creation of a
high level commission and inquiries
Special Procedures
One of the major achievement of the early commission
These mechanisms, consisting of independent experts who work pro bono, address country specific
situations that concern all states
Those selected to be experts are done so on a basis of technical criteria developed by the HRC
Each expert holds their position independently and should not be influenced by governments or bodies
The group of experts usually meet annually for once a week to discuss themes of common interest
and harmonisation of working methods
Time will also be spent examining complaints from individuals. Sometimes experts may also develop
authoritative opinions and standards to contribute to the development of international law
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