Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
5.1 Special procedures I: Thematic and country
mandates73
Over the past few decades the United Nations Commission on Human Rights
and the Economic and Social Council have established a number of extra-conventional
mechanisms or special procedures, which are created neither by the Charter of the United
Nations nor by a treaty. These extra-conventional mechanisms, which also monitor the
enforcement of human rights standards, have been entrusted to working groups of experts
acting in their individual capacity or individuals designated as special rapporteurs, special
representatives or independent experts.
The mandate and tenure of the working groups, special rapporteurs,
independent experts or special representatives of the Secretary-General depend on the
decision of the Commission on Human Rights or of the Economic and Social Council.
In general, however, their mandate is to examine, monitor and publicly report either on
the human rights situation in a specific country or territory – the so-called country
mandates – or on specific types of human rights violations worldwide – the thematic
mechanisms or mandates.
These mechanisms are of paramount importance for monitoring universal
human rights standards and address many of the most serious human rights violations
in the world, such as extrajudicial, summary or arbitrary executions, enforced or
involuntary disappearances, arbitrary detention, internally displaced persons, the
independence of judges and lawyers, violence against women, the sale of children, the
right to development, adequate housing, education, and human rights defenders.
The central objective of all these special procedures is to improve the
implementation of international human rights standards at the national level. However,
each special procedure has its own specific mandate, which has sometimes also evolved
according to specific circumstances and needs.
These mechanisms base their activities on allegations of human rights
violations received from various sources, such as the victims or their relatives and local
or international NGOs. Information of this kind may be submitted in various forms,
such as letters and faxes, and may concern individual cases, as well as details of
situations of alleged human rights violations.
These special mechanisms submit well-founded cases of human rights
violations to the Governments concerned for clarification. The results are subsequently
reflected in the public reports submitted by the mechanisms to the Commission on
Human Rights and other competent United Nations organs. Moreover, whenever the
information received attests to the imminence of a serious human rights violation, such
as an extrajudicial execution or involuntary disappearance, the thematic or
country-specific mechanisms may address an urgent message to the Governments
concerned requesting clarifications on the case and appealing to the Government to
take the necessary steps to guarantee the rights of the alleged victim. They may also
73 The information in this section has been drawn partly from Human Rights: A Basic Handbook for UN Staff, United Nations,
Office of the High Commissioner for Human Rights/United Nations Staff College Project, pp. 49-53.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers