INTERNATIONAL HUMAN RIGHTS LAW

Study Notes

UN Enforcement of International Human Rights

& Individual Complaint Procedures

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OVERVIEW

The United Nations (UN) has created a strong system to enforce international human rights.
This system works through two main types of bodies — Treaty-Based Bodies and Charter-
Based Bodies — which together monitor, investigate, and enforce human rights standards
across the world.

PART 1: UN HUMAN RIGHTS ENFORCEMENT BODIES

A. Treaty-Based Bodies (20 Bodies)

These are committees created under specific human rights treaties. They monitor whether
countries are following the rules of those treaties.

Key Treaty Bodies include:

1. Committee on Civil and Political Rights: Monitors the International Covenant on
Civil and Political Rights (ICCPR). Protects rights like right to life, freedom of speech, and
fair trial.
 2. Committee on Elimination of Racial Discrimination (CERD): Works to end all
forms of racial discrimination. Countries must report on steps taken to remove racial
inequality.
3. Committee on Elimination of Discrimination Against Women (CEDAW): Focuses
on women's rights. Ensures women have equal rights in education, work, family, and
political life.
4. Committee Against Torture (CAT): Prevents torture and cruel treatment.
Investigates countries where torture is suspected.
5. Committee on Economic, Social and Cultural Rights (CESCR): Monitors rights like
right to education, health, food, housing, and work.
6. Committee on Persons with Disabilities: Protects the rights of people with physical
and mental disabilities.
7. Committee Against Enforced Disappearance: Deals with cases where people are
secretly detained or disappeared by the state.

B. Charter-Based Bodies
These bodies are created under the UN Charter itself (not under a specific treaty). They apply
to all UN member states — not just those who signed specific treaties.

i. Commission on General Assembly: The UN General Assembly debates and passes

resolutions on human rights issues worldwide.
ii. Commission on Security Council: The Security Council can take action in severe
cases — including sanctions or peacekeeping missions — when human rights violations
threaten international peace.
iii. International Court of Justice (ICJ): The highest UN court. Settles legal disputes
between countries, including cases involving human rights violations.
iv. United Nations High Commissioner on Human Rights (UNHCHR): The main UN
official responsible for promoting and protecting human rights globally. Coordinates all
UN human rights activities.
v. United Nations Human Rights Council (UNHRC): An intergovernmental body of 47
UN member states. Promotes and protects human rights around the world. Meets 3
times a year.
vi. Universal Periodic Review (UPR): A unique process where every UN member
state's human rights record is reviewed every 4.5 years. All 193 countries are reviewed
equally.
 vii. Special Procedure on Human Rights Council: Independent experts (called Special
Rapporteurs) who investigate specific human rights issues or situations in particular
countries. They visit countries, receive complaints, and report to the Human Rights
Council.

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PART 2: INDIVIDUAL COMPLAINT MECHANISM

This is one of the most important tools in international human rights law. It allows individual
people (victims) to directly file complaints against their own government for violating their
human rights.

Also called: Individual Communication & Petitions

How the Complaint Process Works (Step by Step)

[STEP 1] COMPLAINT SUBMISSION

The victim (or someone on their behalf) submits a written complaint.
Requirements:
• Must be in written form
• Must include documentary evidence (proof of the violation)
• The person must have tried all local/national remedies first (this is called
'exhaustion of domestic remedies')

[STEP 2] INITIAL SCREENING

The committee checks:
• Is the complaint admissible? (Does it qualify?)
• Is it against a country that has accepted the complaint procedure?
• Has the person gone through their own country's courts first?
• Is the complaint not anonymous?

[STEP 3] STATE OBJECTION

The country (state) against whom the complaint is made is informed.
• The state is given a chance to respond and defend itself
• The state may raise objections to the admissibility of the complaint
[STEP 4] ADMISSIBLE?
The committee decides if the complaint is admissible (can be heard).
• If YES → moves to examination of the case
• If NO → complaint is dismissed

[STEP 5] FACTS / LAW / EVIDENCE

The committee examines:
• Facts: What actually happened?
• Law: Which human rights law was violated?
• Evidence: Is there enough proof?
• Procedure: Were correct procedures followed?

[STEP 6] DECISION
The committee gives its final decision (called 'Views').
• This is not legally binding like a court order, but it carries great moral and political
weight
• The committee may recommend the state to provide a remedy, compensation, or
change its laws

[STEP 7] ENFORCEMENT
If the state is found to have violated rights:
• The state is expected to implement the committee's recommendations
• A follow-up procedure checks if the state has complied
• If no action is taken, the case is noted in the committee's annual report to the UN
General Assembly

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PART 3: UNIVERSAL PERIODIC REVIEW (UPR) — WORKING MECHANISM

The UPR is a special process under the Human Rights Council where every country's human
rights record is reviewed regularly.

How the UPR Works (Flow):

1. State Reporting: The country under review submits a national report explaining what
it has done to protect human rights. NGOs and UN agencies also submit their own reports.
 2. Issues List / Pre-Consultation Group: A list of issues/questions is prepared based on
the reports. Pre-consultation groups may be formed to prepare for the review.
3. Interactive Session: During the UPR session, other countries ask questions and make
recommendations. The state under review responds. This is called the 'Interactive
Dialogue.'
4. Concluding Remarks: The state being reviewed gives its final comments on the
recommendations received.
5. Recommendations: The Working Group produces a final report with
recommendations for the state. The state can 'accept' or 'note' (not agree with) each
recommendation.
6. Reviews: The state is expected to implement accepted recommendations before the
next review cycle (every 4.5 years).
7. Compliance Follow-Up: Between reviews, the state reports on progress. Civil society
and UN bodies monitor whether recommendations are being followed.

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PART 4: THE FIVE WRITS (Judicial Remedies)

Writs are legal orders issued by courts to protect individuals from illegal actions by the state
or government authorities.

1. Writ of Mandamus → TO DO
This writ orders a public official or government body to perform a duty that they are
legally required to do but have failed or refused to do. Example: Ordering a
government office to process your application.

2. Writ of Prohibition → NOT TO DO

This writ stops a lower court or tribunal from doing something it has no legal power
(jurisdiction) to do. It prevents illegal or excess action before it happens. Example:
Stopping a lower court from hearing a case it has no jurisdiction over.

3. Writ of Certiorari → ILLEGAL DUE TO NO AUTHORITY

This writ is issued to quash (cancel) a decision made by a lower court or tribunal that
acted beyond its powers or violated natural justice. Unlike Prohibition (which
prevents action), Certiorari corrects an action already taken.

4. Writ of Quo Warranto → UNDER WHAT AUTHORITY ARE YOU HOLDING

THAT POST?
 This writ questions a person's legal right to hold a public office or position. It asks: 'By
what authority are you occupying this position?' If the person cannot justify their
appointment, they are removed. Example: Challenging an illegally appointed
government official.

5. Writ of Habeas Corpus → RECOVERY FROM ILLEGAL DETENTION

The most fundamental human rights writ. It orders the authorities holding a person in
custody to bring that person before the court and justify the detention. If the
detention is illegal, the person is released. Example: A person arrested without reason
— the court orders their release.

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PART 5: LIKELY EXAM QUESTIONS & ANSWERS (Short Notes)

Q1. Define Treaty Bodies.

Treaty Bodies are committees of independent experts established under specific
international human rights treaties. They monitor how countries implement their treaty
obligations. There are currently 10 core treaty bodies under the UN system. Examples:
CCPR, CERD, CEDAW, CAT, CESCR.

Q2. What is an Individual Complaint?

An individual complaint (also called an individual communication or petition) is a formal
complaint submitted by a person who claims that their government has violated a
human right guaranteed under an international treaty. The person must first exhaust all
domestic (local) remedies. The complaint must be written and supported by
documentary evidence. The relevant treaty body examines it and issues its views.

Q3. What is meant by Special Procedures?

Special Procedures are independent human rights experts (Special Rapporteurs,
Working Groups, Independent Experts) appointed by the Human Rights Council. They
investigate specific human rights issues (thematic mandates) or human rights situations
in specific countries (country mandates). They can: receive individual complaints, visit
countries, issue public statements, and report to the Human Rights Council and UN
General Assembly. They are independent and do not represent any government.

Q4. Define Universal Periodic Review (UPR).

The Universal Periodic Review (UPR) is a process where the human rights record of all
193 UN member states is reviewed every 4.5 years by the Human Rights Council. It was
created in 2006 by UN General Assembly Resolution 60/251. Unlike treaty bodies, it
covers all human rights in all countries equally. The state submits a national report,
 other states ask questions, and recommendations are made. The state may accept or
'note' these recommendations.

Q5. Who is a 'victim' under the Individual Complaint Mechanism?

A victim is the person whose rights have been directly and personally violated by a
state's action or failure to act. The victim (or someone authorized on their behalf) can file
a complaint with the relevant treaty body. The complaint must show a personal and
direct connection to the alleged violation. In some cases, groups of people can be victims
collectively.

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QUICK SUMMARY — REMEMBER THIS!

✓ UN Enforcement has TWO types of bodies: Treaty-Based (20 bodies) and Charter-
Based
✓ Treaty bodies monitor specific treaties; Charter bodies apply to ALL UN members
✓ Individual Complaint = written complaint + documentary evidence + domestic
remedies exhausted first
✓ UPR = every country reviewed every 4.5 years by all UN member states
✓ Special Procedures = independent experts investigating specific rights or countries
✓ 5 Writs: Mandamus (do it), Prohibition (stop it), Certiorari (cancel it), Quo Warranto
(justify your post), Habeas Corpus (release illegal detention)
✓ Enforcement flow: Complaint → Screening → State Objection → Admissible? →
Facts/Law/Evidence → Decision → Enforcement

— Best of luck in your examination! —