General Comments of the Human Rights Committee and their legitimacy

Keller, Helen; Grover, Leena

doi:10.1017/cbo9781139047593.005

Cited by 62 publications

(18 citation statements)

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“…219 As early as 1953, the United States proposed that the goal of periodic review should be to "allow countries to draw inspiration and guidance from the experiences of other countries when trying to solve their own problems." 220 Indeed, treaty bodies explicitly intend to convey the experience they have acquired in their examination of other reports. 221 The treaty bodies draw on collective experiences and information from myriad sources to expand knowledge available to governments and publics.…”

Section: Learning and Capacity Building Learning Best Practicesmentioning

confidence: 99%

The Proof Is in the Process: Self-Reporting Under International Human Rights Treaties

Creamer

Simmons

2019

Am. j. int. law

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Recent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.

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Section: Learning and Capacity Building Learning Best Practicesmentioning

confidence: 99%

The Proof Is in the Process: Self-Reporting Under International Human Rights Treaties

Creamer

Simmons

2019

Am. j. int. law

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“…Since the human rights treaty bodies only began to harmonise the procedural aspects of their working methods in recent times, some authors claim that "widespread formal efforts at substantive coherence are likely far off but not unfathomable" ( [24], p. 158). There is already some evidence of harmoinsation of standards across the board.…”

Section: The Potential For Social Change: Harmonisation and Cross-fermentioning

confidence: 99%

Harmonisation and Cross-Fertilisation of Socio-Economic Rights in the Human Rights Treaty Bodies: Disability and the Reasonableness Review Case Study

Broderick

2016

Laws

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In light of the recent adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) and the Optional Protocol to the Convention on the Rights of Persons with Disabilities (OP-CRPD), there is a necessity for harmonisation among the treaty bodies, particularly in the area of socioeconomic rights. The equality norm in the CRPD, including the duty to reasonably accommodate, is an important facilitator of socioeconomic rights. This article sets forth the opportunities for cross-fertilisation of socioeconomic rights, and disability rights in particular, at the level of international human rights law and beyond, as well as the potential that exists for social change at the domestic level. The CRPD Committee and the United Nations Committee on Economic, Social and Cultural Rights (UNCESCR) will undertake the task of assessing measures adopted by States related to alleged violations under the optional protocols and will determine compliance with treaty obligations under the State reporting procedure. In that regard, a framework of "reasonableness review" is proposed, which could provide the opportunity to merge individual rights' violations with broader issues of socioeconomic inequalities and could also lead to coherent implementation of the normative content of socioeconomic rights at the domestic level.

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“…The practice of issuing general comments began in 1981 with the Human Rights Committee pursuant to ICCPR Article 40. 14 the Committee on Migrant Workers 22 (2 comments), and the newest treaty body to commence operation, the Committee on the Rights of Persons with Disabilities (2 comments). The most recent general comment was adopted in October 2014 by the HRC on the right to liberty and security of person.…”

Section: General Comments -Evolving Practicementioning

confidence: 99%

Interpreting International Human Rights Standards Treaty Body General Comments in Domestic Courts

McCall-Smith

2015

SSRN Journal

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General Comments of the Human Rights Committee and their legitimacy

Cited by 62 publications

References 0 publications

The Proof Is in the Process: Self-Reporting Under International Human Rights Treaties

The Proof Is in the Process: Self-Reporting Under International Human Rights Treaties

Harmonisation and Cross-Fertilisation of Socio-Economic Rights in the Human Rights Treaty Bodies: Disability and the Reasonableness Review Case Study

Interpreting International Human Rights Standards Treaty Body General Comments in Domestic Courts

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