United Nations

In 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). The document recognises that basic rights and fundamental freedoms are inherent to all human beings and are inalienable. Although the UDHR is merely a resolution, it has inspired many legally binding international human rights treaties.

To consolidate the rights set out in the UDHR into binding legislation, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were adopted in 1966. The covenants came into force in 1976.

The ICCPR focuses on matters such as the right to life, freedom of expression, religious freedom, the right to vote, the prohibition of torture, etc. The Human Rights Committee monitors compliance with the ICCPR.

The ICESCR deals with the right to food, education, social protection, health, housing, etc. The Committee on Economic, Social and Cultural Rights (CESCR) monitors compliance with the ICESCR.

The UN General Assembly subsequently also adopted conventions concerning specific groups of people:

• In 1979, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted. The Convention defines what constitutes discrimination against women and sets out an agenda/action plan for national measures to end such discrimination. The CEDAW Committee monitors compliance with the Convention.
  
  
• In 1984, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted. The Convention requires Member States to take effective measures to prevent torture and prohibits Member States from sending people to countries where there are grounds to believe they will be tortured (the principle of non-refoulement). The Committee against Torture monitors compliance with the Convention.
  
  
• In 1989, the Convention on the Rights of the Child (CRC) was adopted. It sets out the minimum standards that must be met in the treatment and care of children. The Committee on the Rights of the Child (CRC) monitors compliance with the Convention and also regularly issues authoritative interpretations of certain articles through general comments.
  
  
• In 1995, the Commission on the Status of Women (CSW), a functional commission under the UN Economic and Social Council, adopted the Beijing Declaration. This sets out the international community’s commitment to advancing the status of women and establishes a programme of action. The action programme defines measures to be taken in 12 priority areas of action: poverty, education and training, health, violence, armed conflict, the economy, decision-making, institutional mechanisms, women’s human rights, the media, the environment and girls.
  
  
• In 2006, the Convention on the Rights of Persons with Disabilities (UNCRPD) was adopted. The Convention aims to ensure that persons with disabilities enjoy the same human rights as everyone else and that they can participate fully in society by being given the same opportunities as everyone else. The Convention covers a wide range of areas, including: health, education, employment, access to justice, freedom of choice and independent living, accessibility, etc. The Committee on the Rights of Persons with Disabilities (UNCRPD Committee) monitors compliance with the Convention and also regularly issues authoritative interpretations of certain articles through general comments.

• In 2015, a resolution was adopted on 17 Sustainable Development Goals (SDGs) to be achieved by 2030. These goals constitute a call to action for all countries to promote prosperity and protect the planet from climate change.

It is important to note that whilst rights in international treaties impose obligations on states, this does not mean that private individuals can directly invoke them against their state. To do so, it must be examined whether it was the intention of the contracting parties to confer rights on individuals and whether the treaty provision relied upon is sufficiently clear and precise to be invoked.
In any event, the state is bound by the obligation. It follows that the state must fulfil the commitments it has entered into in good faith (in accordance with Article 26 of the Vienna Convention on the Law of Treaties).

As mentioned above, under most UN human rights treaties, a committee of experts has been established to ensure that the treaty provisions are complied with by the member states. To monitor this, states are required, amongst other things, to submit a periodic report setting out the measures they have taken to implement that treaty. Civil society (UN agencies, academic institutions, NGOs, non-profit organisations, etc.) may draw up ‘alternative reports’ to supplement the report provided by the state. In other words, this involves an assessment of the actual situation in the country by ‘field organisations’: the purpose of these alternative reports is to highlight the shortcomings, deficiencies, expectations, discrimination, etc. experienced by persons with disabilities.

The monitoring body within the UN then publishes ‘concluding observations’, a document addressed to the state concerned that sets out the body’s concerns and recommendations.
Individuals can often also submit complaints to the monitoring body.

In parallel with the monitoring carried out by the specific committees under the treaties, the Human Rights Council also monitors the human rights situation in each of the UN member states. This is done through the Universal Periodic Review (UPR).