Human Rights Enforcement Mechanisms of the United Nations
Since the ratification of the Universal Declaration of Human Rights, several United Nations mechanisms for enforcing and protecting economic, social, and cultural rights have emerged. One of the most important international mechanisms for defending and promoting ESCR is the Committee on Economic, Social, and Cultural Rights (CESCR) whose mandate is to specifically monitor state parties fulfillment of their obligations under the International Covenant on Economic, Social and Cultural Rights. Articles 16 and 17 of the ICESCR require states to prepare reports every five years on the situation of ESCR in their country, which are reviewed by the CESCR. The CESCR examines the extent to which ESCR are being achieved by state parties, serves as a base for formulating policies that promote ESCR via General Comments, and allows the public to learn about the work of their government concerning the achievement of ESCR. The CESCR overviews five or six reports every year. If a country fails to report, the CESCR may review the situation in that country using alternative sources. After examining a country's report and other sources, the CESCR then releases concluding observations which highlight the progress made in fulfilling ESCR, difficulties in achieving these rights, areas of concern, and recommendations. CESCR also accepts reports by members of the civil society on the situation of ESCR in their countries as part of the review process. The CESCR is an organ of the United Nations Economic and Social Council (ECOSOC). It has 18 members who are experts in the area of human rights and are elected by the ECOSOC.
Beside the CESCR, other important mechanisms for human rights within the UN are the Office of the United Nations High Commissioner on Human Rights (OHCHR), the Human Rights Council, and treaty-monitoring bodies like The Committee on the Elimination of Discrimination against Women and The Committee on the Rights of the Child.
High Commissioner on Human Rights
The role of the OHCHR is to protect and promote human rights. It is the main office in the United Nations that deals with human rights and it works to ensure that human rights standards are applied in all of the UN's activities. It collaborates with governments to strengthen their human rights capabilities, encourages states to develop policies and institutions that are conducive to human rights, and provides advice and technical assistance to achieve these goals.
The Human Rights Council, Special Procedures and Working Groups
Recent reforms at the UN have altered the structure of its human rights enforcement bodies. The Human Rights Council replaces the Commission on Human Rights as the main UN body charged with monitoring and evaluating conditions of human rights in countries around the world and identifying major areas of concern. This includes a system of special procedures, expert advice, and a complaint procedure. Composed of 47 Member States elected by the UN General Assembly, the Council serves as a round-table for governments and civil society groups to raise concerns about human rights abuses in particular countries, as well as thematic areas of concern. The Council meets at least three times a year and also functions through a series of working groups and special procedures. These include the Open-ended working group to consider options regarding the elaboration of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, which would include an individual complaint mechanism. Special procedures with thematic mandates include Special Rapporteurs on Adequate Housing, the Right to Education, the Question of Human Rights and Extreme Poverty, the Right to Food and the Right to Health, who are able to receive information on specific allegations of human rights violation and send urgent appeals or letters of allegation to governments asking for clarification, as well as reporting on visits and investigations. The Human Rights Council is currently undertaking a review that may ultimately reshape and rationalize mandates and mechanisms of the former Human Rights Commission.
United Nations Human Rights Treaty Mechanisms
One of the most important international mechanisms for defending and promoting ESCR is the Committee on Economic, Social, and Cultural Rights (CESCR) whose mandate is to specifically monitor state parties fulfillment of their obligations under the International Covenant on Economic, Social and Cultural Rights. Articles 16 and 17 of the ICESCR require states to prepare reports every five years on the situation of ESCR in their country, which are reviewed by the CESCR. The CESCR examines the extent to which ESCR are being achieved by state parties, serves as a base for formulating policies that promote ESCR via General Comments, and allows the public to learn about the work of their government concerning the achievement of ESCR. The CESCR overviews five or six reports every year. If a country fails to report, the CESCR may review the situation in that country using alternative sources. After examining a country's report and other sources, the CESCR then releases concluding observations which highlight the progress made in fulfilling ESCR, difficulties in achieving these rights, areas of concern, and recommendations. CESCR also accepts reports by members of the civil society on the situation of ESCR in their countries as part of the review process. The CESCR is an organ of the United Nations Economic and Social Council (ECOSOC). It has 18 members who are experts in the area of human rights and are elected by the ECOSOC.
The Committee on the Elimination of Discrimination against Women monitors the progress of women's rights in those countries that are parties to the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). Members of CEDAW are obligated to submit reports every four years on the steps that they have taken to improve the condition of women in their territory. The Committee meets twice a year to review these reports and comments on them. Another important function of the Committee is to single out the problems that predominantly affect women, such as sexual harassment and domestic violence, and to make recommendations to members of CEDAW on how to tackle these issues. In regard to ESC rights, CEDAW prohibits discrimination in the right to: Article 10 Education; Article 11 Employment; Article 12 Health; and Article 13 Economic and Social Benefits. In addition, CEDAW reaffirms in Article 14 the equality rights of rural women to health care, education, economic opportunity, social security, land, housing, and water supply.
The Committee on the Rights of the Child monitors the implementation of the Convention on the Rights of the Child (CRC) by member states. The Committee meets in Geneva and holds three sessions a year. States parties to CRC are required to submit reports on the situation of children in their territory every five years. The Committee reviews these reports and makes recommendations to state parties. The Committee holds annual thematic discussions on issues that affect children. The ESC rights enshrined in the CRC are: Article 7 Right to care; Article 6 Right to survival and development; Article 18 Right to state assistance; Article 20 Rights of children deprived of family environment to care; Article 24 Right to health and health services; Article 26 Right to social security; Article 27 Right to adequate standard of living; Article 28 Right to education; Article 31 Rights to leisure, play and culture; and Article 32 Child labor.
Apart from ICESCR, CEDAW, and CRC, economic, social and cultural rights are also recognized in many other international conventions and declarations. CERD is a key convention in regards for those seeking to challenge racial discrimination in the respect of economic, social and cultural rights. As with ICESCR, CEDAW and CRC, there is a UN enforcement mechanism, the Committee on the Elimination of All Forms of Racial Discrimination which monitors adherence to the principles set forth in the convention. Additionally, people and communities who have been denied there ESCR on the basis of race or ethnicity may approach the committee with individual complaints, if their country has recognized the authority of the Committee to do so. In addition, all people, whether citizens of a country or not, are entitled to fundamental human rights, including basic economic, social and cultural rights. The Committee on the Protection of Migrant Workers monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Family. The Committee meets once a year and can accept individual complaints under certain circumstance if the state in question has accepted the authority of the Committee to accept individual complaints concerning the state's jurisdiction.
The UN human rights complaint process is a last resort. All local and national remedies must be exhausted before filing with the UN. We recommend contacting a local bar association or human rights advocacy group for help before contacting the UN. You may want to search for an NGO in your country using the database of organizations in Consultative Status with ECOSOC and other accreditations.
The website of the Office of the High Commissioner for Human Rights has several resources for people who want to communicate human rights concerns to the United Nations.
Certain conventions on human rights have mechanisms for addressing individual complaints, others may not.
Decisions of the human rights bodies on individual cases are usually restricted documents unless the body decides to make them available. Case names and other information may be found in the reports on the session(s) at which the case was considered. This type of documentation is sometimes referred to as "jurisprudence" of the treaty bodies.
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