Human Rights

Download UN Human Rights Treaty Bodies: Law and Legitimacy by Helen Keller, Geir Ulfstein PDF

By Helen Keller, Geir Ulfstein

The potent implementation of human rights treaty responsibilities in nationwide legislation is topic to expanding awareness. the most accountability for the foreign tracking of nationwide implementation on the worldwide point is entrusted to the UN human rights treaty our bodies. those our bodies are demonstrated by way of the respective human rights conventions and are composed of self sustaining specialists. This ebook examines 3 features of those our bodies: the felony features in their constitution, features and judgements; their effectiveness in making sure recognize for human rights tasks; and the legitimacy of those our bodies and their judgements. Containing contributions from a number of eminent criminal specialists, together with current and previous participants of the treaty our bodies, the research might be learn in gentle of the continued attempt to reinforce treaty our bodies lower than the auspices of the UN excessive Commissioner for Human Rights and with the involvement of proper stakeholders.

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Extra info for UN Human Rights Treaty Bodies: Law and Legitimacy

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This becomes most apparent when national authorities should implement decisions of the human rights bodies in individual complaint procedures. Rosanne van Alebeek and Andre´ Nollkaemper examine the domestic procedures through which findings of treaty bodies, including interim measures, are being implemented and acquire legal effect. They introduction 15 distinguish in the implementation process between the role of the legislature and the role of national courts. The chapter reveals a broad variety of possible reactions by national authorities concerning the implementation of final decisions and interim measures, raising fundamental questions of legal certainty and the rule of law at the national level.

Legitimacy must also be assessed in relation to each of the functions of the treaty bodies. The various ways to enhance legitimacy may conflict. For example, the qualifications needed for members of treaty bodies to examine state reports may differ from those needed to decide individual complaints. A sociological or normative perspective might offer different insights to the legitimacy concern. Sociological legitimacy emphasises what the relevant actors – be they states, NGOs or victims of human rights violations – would consider relevant criteria for justifying the decisions taken.

CRPD/C/3. CRC Committee, Decision No. 6, 9/2003, Report on the 34th Session, 14 January 2004, UN Doc. CRC/C/133, ch. 38 For initial reports, the Human Rights Committee usually sets aside three meetings of three hours each, and for periodic reports, it sets aside two39 such meetings. The dialogue starts with a general introduction by the head of delegation and then the delegation answers a first group of questions on the list of issues. This is followed by comments and additional questions by members of the task force who were assigned to deal with particular issues on the list.

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