Chapter 2 • The Major Universal Human Rights Instruments and the Mechanisms for Their Implementation
1.
Introduction
1.1 Scope of the chapter
This chapter will provide some basic information about the extent of the
substantive protection and the mechanisms for controlling the implementation of
some of the major human rights treaties that exist at the universal level. Given that the
number of these treaties has grown steadily in recent decades, it will only be possible,
within this limited framework, to deal with those conventions that are of general scope
in that they recognize a long list of rights, as well as a few conventions that have been
adopted with the specific object of focusing on particularly invidious practices such as
genocide, torture, racial discrimination and discrimination against women. This choice
has been made on the grounds that these are the treaties that judges, prosecutors and
practising lawyers are most likely to have to interpret and apply in the course of the daily
exercise of their legal responsibilities.
The chapter will thus first deal with the major treaties concluded within the
framework of the United Nations. Second, it will deal briefly with some of the main
resolutions adopted by the United Nations General Assembly, since, although they are
not legally binding per se, their contents have, as a very minimum, a significant
politico-moral value which constitutes an important source of guidance and inspiration
to national judges, prosecutors and lawyers. Next, brief reference will be made to some
instruments adopted by the United Nations Congress on the Prevention of Crime and
the Treatment of Offenders as well as the General Conference of the United Nations
Educational, Scientific and Cultural Organization (UNESCO). Lastly, this chapter will
provide some basic information about the United Nations extra-conventional
mechanisms for human rights monitoring, which apply to all Members States of the
United Nations on the basis of their general legal undertaking “to take joint and
separate action in co-operation with the Organization for the achievement of the
[purpose of promoting] universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex, language or religion”
(Art. 56 of the Charter of the United Nations read in conjunction with Art. 55(c)).
1.2 The international treaty-based control
mechanisms
Each of the treaties dealt with in this chapter has a different system for its
implementation, ranging from general and specific reporting procedures to
quasi-judicial and judicial mechanisms involving the adjudication of complaints
brought by individuals or groups of individuals, and, in some instances, even by other
States. These various procedures can in many respects be said to be complementary,
and, although they have slightly different immediate purposes, the overall goal of
human rights protection is identical in each case.
Broadly speaking, the reporting procedures have the function of making
regular and systematic inventories of progress made in the implementation of the treaty
obligations, with the aim of creating a dialogue between the relevant international
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers