Can the United Nations Human Rights Committee Evolve Into an Effective 'Court' of Human Rights?
GRIN Verlag, 2007 - 84 pages
Master's Thesis from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: A, Victoria University of Wellington (Victoria Law School), course: International Law, 60 entries in the bibliography, language: English, comment: The United Nations Human Rights Committee has the power to examine individual complaints on alleged human rights violations. It lacks, however, important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis, focusing on four criteria: visibility, the adoption of interim measures, the fact-finding capacity, and the follow up on decisions., abstract: The United Nations Human Rights Committee, established under the International Covenant of Civil and Political Rights, has the power to examine individual complaints on alleged human rights violations. It is noted, however, that the Committee lacks important powers to be as effective as the regional human rights courts in Europe and the Americas. The paper assesses the effectiveness of the Committee by means of a comparative analysis. The comparison takes place within four criteria that are essential in an assessment of a court's effectiveness: the visibility of the court in the public domain, the adoption of interim measures to hinder the aggravation of the violation, the fact-finding capacity of the court, and the enforcement of the final decisions and the follow-ups thereto. The paper argues that despite the statutory deficiencies of the Covenant and the Optional Protocol, the Committee can be as effective as the regional courts even without an amendment to these instruments. This would be possible if the Committee successfully argues for a binding nature of its interim measures; further, it can overcome the lack of its independent fact-finding capacity through a - thoroughly argued - reversal of burden of proof. If it
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40 UN Doc alleged American Convention Anne-Marie Slaughter Assembly UN GAOR binding nature burden of proof Civil and Political Commission on Human Committee of Ministers Committee’s views complaint procedure Convention on Human Council of Europe Court of Human Covenant on Civil criteria Cruz Varas effective entered into force European Commission European Convention European Social Charter facts final views follow-up procedure Ghandhi The Human Hum Rts YB Human Rights Committee Human Rights Judgment Human Rights Website implementation Individual Communication individual complaints Inter-American Commission Inter-American Court interim measures International Covenant issue last accessed Law and Practice Manfred Nowak Nations Human Rights obligation Optional Protocol Organization of American Oxford University Press Party Philip Alston Practice Ashgate Publishing press releases Protocol 11 remedy Report request reversal of burden Right of Individual Rights in Europe Rules of Procedure Special Rapporteur Supp No 40 treaty Trinidad and Tobago United Nations Human victim violation
Page 30 - Party against which the complaint has been lodged has declared that it recognises the competence of the Commission to receive such petitions. Those . of the High Contracting Parties who have made such a declaration undertake not to hinder in any way the effective exercise of this right.
Page 51 - The High Contracting Parties undertake to abide by the final judgment of the Court in any case to which they are parties.
Page 33 - In cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration.
Page 47 - With regard to the burden of proof, this cannot rest alone on the author of the communication, especially considering that the author and the State party do not always have equal access to the evidence and that frequently the State party alone has access to relevant information.
Page 30 - The Court may receive applications from any person, non-governmental organisation or group of individuals claiming to be the victim of a violation by one of the High Contracting Parties of the rights set forth in the Convention or the protocols thereto. The High Contracting Parties undertake not to hinder in any way the effective exercise of this right.