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May 03, 2023



It is the duty of States to promote and preserve human rights (HR) at the national level in accordance with international HRs accords. When a nation ratifies, accedes to, or succeeds in a treaty, it takes on the legal responsibility of enforcing the rights stipulated therein. A formal declaration of rights sometimes doesn`t ensure that they will be respected in reality. This is merely the beginning. Everyone within a state`s jurisdiction should be able to enjoy the rights granted by the treaty, and this was acknowledged while the first treaty was enacted. States parties would need encouragement and support to fulfil their international commitments to this end. Each treaty, therefore, establishes an international committee of independent specialists to oversee the execution of its provisions in different ways.

In order to keep tabs on how well the treaties are indeed being put into action, the treaty organisations have a variety of duties. In all treaty bodies save for the Subcommittee on Prevention of Torture, the period following from States Parties outlining how they are implementing the treaty provisions nationwide are required to be received and taken into consideration. In order to help States in the development of their reports, the treaty bodies offer guidelines, write general remarks interpreting the treaties, as well as arrange discussions on treaty-related topics. Not all treaty organisations also carry out a variety of other tasks to help their state parties better execute the treaties. It is possible for a State to be held accountable for a violation of an individual`s right if it has chosen to participate in a treaty body`s complaint process. Some may even look at interstate concerns and undertake investigations.

Development Of UN Treaties

In spite of the fact that the Universal Declaration of Human Rights (UDHR) and the IBHR (the Universal Declaration as well as the two Covenants) were drafted more than 60 years ago and that the IBHR was accomplished in 1966, the IBHRs treaties have continued to expand. It has been a struggle for the international community to ensure that the many parts of the growing system operate together successfully, but the wide range of instruments and bodies ensures better promotion and protection of HRs in a variety of specialised areas of concern.

The Expansion Of The HRs Treaty System And The Need For Development

Nearly four new treaty bodies including three new optional procedures for individual complaints have were established during 2004 and are now part of the HRs treaty body system. Due to the additions made starting in early 2010, as well as those made in January 2011, to both the Committee on Migrant Workers` Rights and its Subcommittee on Preventing Torture, there are now 172 members on these treaty bodies` various committees (up from 125 at the end of 2009). The length of meetings has also increased. Since the coming into effect on December 23, 2010, the International Convention on the Prevention and Punishment of Enforced Disappearances has been a major breakthrough in human rights. As a good side effect of increased universal periodic review (UPR), the number of countries ratifying and reporting on international HRs treaties has risen significantly. More than 130 countries were reviewed, and over 100 individual complaints were considered by the nine human rights treaty authorities with a reporting system in 2010. All stakeholders are asked to consider the future of treaty bodies as well as come up with novel and creative solutions for strengthening the system as a result of this expansion.

The treaty organisations have succeeded in carrying out their missions, in part via engaging States in open and transparent dialogue about the challenges of HRs realisation via the reporting process. In spite of the fact that many of their tasks overlap, each treaty body has traditionally approached its job in a way that was distinct from the others. Even while there are many parallels across the committees, they have developed their own processes and practises, which have resulted in a lack of coherence between them. The inter-committee meetings have been a part of the treaty organisations` efforts to streamline and harmonise their working procedures and practices for many years. At the same time, it is acknowledged that certain deviations from the applicable treaty may be warranted, or even necessary.

In order to promote and preserve HRs across the globe, international treaties are used. States ratify the treaties in order to signify their agreement to these criteria and to apply them at the state level. States are encouraged and supported in their efforts by the treaty organisations. However, it is evident that HRs are most important at the national level since they should be available to all citizens, regardless of gender or ethnicity, for each country. A significant role is played by the treaty organisations in aiding national efforts to increase HRs protections. A crucial aspect of developing a national system of HRs protection, however, is reporting to the treaty organisations. Treaty organisations (including those mandated by the Subcommittee for the Prevention of Torture in Conflict) give States practical guidance and support on how to implement the treaties.

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