Enforcing International Human Rights Law: The Un Treaty System in the 21st Century

Enforcing International Human Rights Law: The Un Treaty System in the 21st Century

by Anne F. Bayefsky
     
 

ISBN-10: 9041114157

ISBN-13: 9789041114150

Pub. Date: 12/01/2000

Publisher: Brill Academic Publishers, Inc.

Product Details

ISBN-13:
9789041114150
Publisher:
Brill Academic Publishers, Inc.
Publication date:
12/01/2000
Pages:
1152
Product dimensions:
6.41(w) x 9.58(h) x 2.59(d)

Table of Contents

Preface
Contributors
Introduction
IAn Analysis and Evaluation of the System of State Reporting1
1An Analysis and Evaluation of the System of State Reporting3
2State Reporting and the Convention on the Elimination of All Forms of Discrimination Against Women23
3Reporting and the Committee on the Rights of the Child35
4State Reporting and the Role of Non-Governmental Organizations45
5State Reporting: an NGO Perspective57
IIFact-funding as Part of Effective Implementation63
6Human Rights Fact-Finding65
7The Role of a Human Rights Field Presence97
8Fact-Finding in the Inter-American System105
9Fact-finding as Part of Effective Implementation: the Strasbourg Experience115
IIIAn Effective Individual Complaint Mechanism in an International Human Rights Context137
10An Effective Complaints Procedure in the Context of International Human Rights Law139
11Commentary on Complaint Processes by Human Rights Committee and Torture Committee Members163
(a)The Human Rights Committee163
(b)The Committee Against Torture166
12Reflections on the Effectiveness of the European System for the Protection of Human Rights169
IVDefining the Role of Non-governmental Organizations181
13Defining the Role of Non-Governmental Organizations with Regard to the UN Human Rights Treaty Bodies183
14Women's Human Rights NGOs and the Treaty Bodies: Some Case Studies in Using the Treaty Bodies to Protect the Human Rights of Women195
15The NGO Role: Implementation, Expanding Protection and Monitoring the Monitors209
16Defining the Role of Non-Governmental Organizations: Splendid Isolation of Better Use of NGO Expertise?219
17The Committee on Economic, Social and Cultural Rights and Non-Governmental Organizations227
VFollow-up of Treaty Body Conclusions231
18Follow-Up Mechanisms Before UN Human Rights Treaty Bodies and the UN Mechanisms Beyond233
19The UN High Commissioner for Human Rights: A Link Between Decisions of Expert Monitoring Bodies and Enforcement by Political Bodies251
20The Effects of Final Decisions of the Supervisory Organs Under the European Convention on Human Rights255
21Follow-Up in the ILO Context273
22Follow-Up of Treaty Body Conclusions by the Treaty Bodies and the UN Mechanisms Beyond277
VIThe Future of the Human Rights Treaty System: Forging Recommendations285
23The Future of the Human Rights Treaty System: Forging Recommendations287
24A Court and Two Consolidated Treaty Bodies299
VIIThe Role of National Courts: A Canadian Example303
25Enforcing International Human Rights Law: The Treaty System in the 21st Century305
VIIIConference: Discussion and Recommendations313
26Discussion315
27Conclusions and Recommendations331
App. 1The Text of the Treaties343
App. 2Status of Ratifications449
App. 3Status of Individual Communications459
App. 4Draft Amendments to the Treaties469
App. 5Report of the Independent Expert on Enhancing the Long-Term Effectiveness of the United Nations Human Rights Treaty System513
App. 6International Law Association Report on the Treaty System679
App. 7Meetings of Chairpersons of the Treaty Bodies701
App. 8Resolutions of the Commission on Human Rights relating to the Human Rights Treaties (2000)871
App. 9Resolutions of the General Assembly relating to the Human Rights Treaties923
App. 10Regional Human Rights Instruments963
Index1075

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