UN Human Rights Council

The United Nations Human Rights Council (UNHRC) is an intergovernmental body within the United Nations system responsible for strengthening the promotion and protection of human rights around the world and for addressing situations of human rights violations and making recommendations on them. It was created by the UN General Assembly in 2006 to replace the former UN Commission on Human Rights, which had faced criticism regarding its membership and effectiveness.

The Council is composed of 47 member States, elected by the UN General Assembly for staggered three-year terms. Its headquarters are in Geneva, Switzerland. The UNHRC serves as the main UN forum for dialogue and cooperation on human rights issues. It works closely with the Office of the High Commissioner for Human Rights (OHCHR).

Universal Periodic Review (UPR)

The Universal Periodic Review (UPR) is a unique mechanism of the Human Rights Council that involves a review of the human rights records of all 193 UN Member States. This process provides an opportunity for each State to declare what actions they have taken to improve the human rights situations in their countries and to fulfil their human rights obligations.

Key features of the UPR:

• Universal Coverage: All UN Member States are reviewed periodically (currently every 4.5 years).
• Peer Review: The review is conducted by other Member States, although with inputs from the State under Review, civil society organisations (CSOs), and UN human rights bodies (like Treaty Bodies and Special Procedures).
• Basis of Review: The review is based on UN Charter, the Universal Declaration of Human Rights (UDHR), human rights treaties ratified by the State, and voluntary pledges and commitments made by the State.
• Process: The State under Review submits a national report. The OHCHR compiles a summary of information from UN reports and a summary of information from CSOs and National Human Rights Institutions (NHRIs). During a working group session, other states make recommendations to the State under Review. The State under Review then indicates which recommendations it accepts or notes (rejects).
• Follow-up: States are expected to implement the accepted recommendations before their next review cycle.

The UPR is a significant development as it provides a mechanism for peer accountability on human rights universally, without singling out specific countries based on political considerations. India has undergone several UPR cycles, presenting its human rights record and responding to recommendations from other states, which provides valuable insights for its human rights agenda.

Special Procedures (Rapporteurs, Working Groups)

The Special Procedures are independent human rights experts with mandates to report and advise on human rights from a thematic or country-specific perspective. They are unpaid and serve in their personal capacity. These mechanisms were established by the former Commission on Human Rights and assumed by the Human Rights Council.

• Mandate Holders: They can be individual Special Rapporteurs, Special Representatives, Independent Experts, or Working Groups (composed of five experts).
• Types of Mandates: Mandates cover either:
  • Thematic Issues: (e.g., Special Rapporteur on torture, freedom of expression, right to food, violence against women, human rights defenders, etc.).
  • Country Situations: (e.g., Special Rapporteur on the situation of human rights in a specific country).
• Functions: Special Procedures undertake country visits (with the invitation of the state), conduct studies, develop guidelines, send communications to states regarding alleged violations (including urgent appeals and allegation letters), and submit annual reports to the Human Rights Council and often the General Assembly.

Special Procedures are a crucial element of the UN human rights protection system, often acting as an early warning mechanism and shedding light on specific human rights issues globally. Their independence allows them to speak freely on sensitive matters.

Complaint Procedure

The Complaint Procedure of the Human Rights Council (established under Council resolution 5/1) allows individuals and organisations to bring to the attention of the Council consistent patterns of gross and reliably attested violations of all human rights and all fundamental freedoms occurring in any part of the world and under any circumstances. It is a confidential procedure.

Key aspects:

• Purpose: To address situations revealing a consistent pattern of gross and reliably attested human rights violations. It is *not* designed for individual complaints seeking redress for a single incident.
• Confidentiality: The procedure is confidential until a situation is deemed serious enough to be brought publicly to the attention of the Council.
• Working Groups: Complaints are examined by two working groups: the Working Group on Communications (receives and filters complaints) and the Working Group on Situations (assesses complaints passed by the WGC and makes recommendations to the Council).
• Outcome: The Council can decide to keep the situation under review, discontinue it, or recommend the OHCHR or a Special Procedure investigate further, or even recommend the situation be referred to other UN bodies.

This procedure is complementary to the treaty body individual complaint mechanisms and the work of Special Procedures, focusing specifically on widespread and systematic violations rather than isolated incidents.

UN Human Rights Treaty Bodies

The UN Human Rights Treaty Bodies are committees of independent experts established to monitor the implementation of the core international human rights treaties. When a State ratifies a treaty, it voluntarily accepts legal obligations to respect, protect, and fulfil the rights contained within that treaty. The corresponding Treaty Body oversees how well the State is meeting these obligations.

There are currently ten main Treaty Bodies, each monitoring the implementation of a specific treaty:

Treaty-specific committees (Human Rights Committee, Committee on Economic, Social and Cultural Rights, CEDAW Committee, etc.)**

Here are some of the key Treaty Bodies:

• Human Rights Committee (CCPR): Monitors implementation of the International Covenant on Civil and Political Rights (ICCPR).
• Committee on Economic, Social and Cultural Rights (CESCR): Monitors implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR).
• Committee on the Elimination of Racial Discrimination (CERD): Monitors implementation of the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).
• Committee on the Elimination of Discrimination against Women (CEDAW): Monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
• Committee against Torture (CAT): Monitors implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).
• Committee on the Rights of the Child (CRC): Monitors implementation of the Convention on the Rights of the Child (CRC).
• Committee on Migrant Workers (CMW): Monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW).
• Committee on the Rights of Persons with Disabilities (CRPD): Monitors implementation of the Convention on the Rights of Persons with Disabilities (CRPD).
• Committee on Enforced Disappearances (CED): Monitors implementation of the International Convention for the Protection of All Persons from Enforced Disappearance (CED).
• Subcommittee on Prevention of Torture (SPT): Established under the Optional Protocol to CAT (OPCAT), visits places of detention in States parties to OPCAT.

India has ratified many of these core treaties, including ICCPR, ICESCR, CERD, CEDAW, CRC, and CRPD, and is thus subject to the monitoring mechanisms of the respective committees.

Reporting procedures

The main function of Treaty Bodies is to examine reports submitted by State Parties on how they are implementing the treaty rights. This is a mandatory obligation for states that have ratified the treaty.

The process involves:

• State Report Submission: States are required to submit initial reports, usually one or two years after ratifying the treaty, followed by periodic reports (typically every 4-5 years) detailing the legislative, judicial, policy, and other measures they have taken to implement the treaty provisions.
• Civil Society/NHRI Submissions: NGOs and National Human Rights Institutions often submit "shadow" or alternative reports providing their perspective on the human rights situation and the state's compliance.
• Constructive Dialogue: The Treaty Body examines the state's report in a public session, engaging in a "constructive dialogue" with a delegation from the State Party. Experts ask questions and seek clarification on the state's implementation efforts.
• Concluding Observations/Recommendations: After the dialogue, the Treaty Body issues Concluding Observations, which include positive aspects of the state's report, areas of concern, and concrete recommendations to the state on how to better implement the treaty.

These Concluding Observations serve as authoritative guidance for states and are used by civil society and NHRIs at the national level to advocate for legal and policy reforms. India, as a State Party, regularly submits reports to the Treaty Bodies and engages in this dialogue.

General Comments

Treaty Bodies also contribute to the understanding and development of international human rights law by issuing General Comments (or General Recommendations, as CEDAW calls them). These are authoritative interpretations of specific articles or provisions of the treaty, or on thematic issues relevant to the treaty.

Purpose of General Comments:

• They clarify the content and scope of treaty obligations.
• They provide guidance to States Parties on how to implement specific rights or address particular issues (e.g., the right to adequate housing, non-discrimination based on sexual orientation, state obligations regarding environmental protection).
• They consolidate jurisprudence developed through examining state reports and individual complaints.

General Comments are highly influential in shaping human rights law and policy globally, providing detailed guidance beyond the often broad language of the treaty articles.

Individual Complaint Mechanisms (Optional Protocols)**

Several human rights treaties have Optional Protocols that establish procedures allowing individuals to submit complaints (also called communications or petitions) to the respective Treaty Body if they believe their rights under that treaty have been violated by their State Party, *provided the State has ratified the Optional Protocol*. This is a quasi-judicial mechanism.

Key Optional Protocols establishing individual complaint mechanisms include:

• First Optional Protocol to the ICCPR (recognising the competence of the Human Rights Committee to receive and consider communications from individuals).
• Optional Protocol to ICESCR (recognising the competence of the CESCR).
• Optional Protocol to CEDAW (recognising the competence of the CEDAW Committee).
• Optional Protocol to CAT (recognising the competence of the CAT Committee).
• Optional Protocol to CRPD (recognising the competence of the CRPD Committee).

Requirements for admissibility typically include:

• The state must have ratified the relevant Optional Protocol.
• The alleged violation must have occurred after the Optional Protocol entered into force for the state.
• The individual must have exhausted all available domestic remedies (meaning they have tried to get redress through the national legal system, including appeals, unless such remedies are ineffective or unreasonably prolonged).
• The complaint must not be anonymous, an abuse of the right to submit a communication, or incompatible with the treaty provisions.

If a communication is deemed admissible, the Treaty Body examines the merits of the complaint and issues "views" or "recommendations." While these views are not legally binding court judgments, they carry significant moral and legal authority as interpretations of the treaty by expert bodies. States are expected to give due consideration to the Committee's views and provide information on follow-up actions. India has not ratified the Optional Protocols to ICCPR, ICESCR, or CEDAW that allow for individual complaints, meaning individuals in India cannot currently bring complaints against the Indian government before these specific Treaty Bodies under these protocols.

The UN Human Rights Machinery, through the political work of the Human Rights Council and the expert oversight of the Treaty Bodies, forms a comprehensive system for promoting, protecting, and monitoring human rights globally, providing standards, scrutiny, and avenues for redress at the international level.

ICCPR and Human Rights Committee

The International Covenant on Civil and Political Rights (ICCPR) is a cornerstone international treaty that enshrines the First Generation of human rights – civil and political rights. Adopted by the UN General Assembly in 1966 and entering into force in 1976, the ICCPR, along with the ICESCR and the Universal Declaration of Human Rights, forms the International Bill of Human Rights. States that ratify the ICCPR undertake legally binding obligations to respect and ensure the civil and political rights of individuals within their territory and subject to their jurisdiction. India ratified the ICCPR in 1979, thereby undertaking these obligations.

Key Rights under the ICCPR

The ICCPR covers a wide range of rights essential for individual liberty and participation in public life:

• Right to Life (Article 6): Protects against arbitrary deprivation of life.
• Freedom from Torture and Cruel, Inhuman or Degrading Treatment or Punishment (Article 7): Absolute prohibition.
• Freedom from Slavery and Forced Labour (Article 8): Absolute prohibition.
• Right to Liberty and Security of Person (Article 9): Protects against arbitrary arrest or detention.
• Right to Humane Treatment in Detention (Article 10).
• Freedom of Movement (Article 12).
• Right to a Fair Trial (Article 14): Detailed procedural guarantees in civil and criminal proceedings.
• Right to Privacy (Article 17).
• Freedom of Thought, Conscience, and Religion (Article 18).
• Freedom of Expression (Article 19).
• Right to Peaceful Assembly (Article 21).
• Freedom of Association (Article 22).
• Rights related to Marriage and Family (Article 23).
• Rights of the Child (Article 24): Right to name, nationality, and protection.
• Right to Political Participation (Article 25): Right to vote, stand for election, and access public service.
• Equality and Non-discrimination (Articles 2 & 26): Guarantees equal rights without distinction and equal protection of the law.
• Rights of Minorities (Article 27): Protects the rights of persons belonging to ethnic, religious or linguistic minorities to enjoy their own culture, profess and practise their own religion, or use their own language.

Monitoring by the Human Rights Committee (CCPR)

The implementation of the ICCPR is monitored by the Human Rights Committee (CCPR), a body of 18 independent experts elected by States Parties for four-year terms. The Committee meets in Geneva.

Reporting Procedure

States Parties are obligated to submit periodic reports to the Committee on the measures they have adopted that give effect to the rights recognised in the Covenant. The Committee examines these reports in public sessions through a "constructive dialogue" with the State delegation. Following the examination, the Committee issues its Concluding Observations, highlighting positive aspects, principal matters of concern, and recommendations for the State to improve its compliance.

General Comments

The Human Rights Committee publishes its interpretation of the provisions of the ICCPR in its General Comments. These are invaluable resources that clarify the meaning and scope of specific rights and provide guidance to States Parties on their obligations.

Individual Complaint Mechanism (First Optional Protocol)

The First Optional Protocol to the ICCPR allows individuals to submit confidential written communications to the Human Rights Committee claiming that their rights under the Covenant have been violated by a State Party. The Committee examines these complaints and issues its "views" as to whether a violation occurred. This mechanism is only available if the State concerned has ratified the First Optional Protocol. India has NOT ratified the First Optional Protocol, meaning individuals in India cannot submit complaints against the Indian government to the Human Rights Committee under this procedure.

ICESCR and Committee on Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is the primary international treaty for the Second Generation of human rights. Like the ICCPR, it was adopted in 1966 and entered into force in 1976. It covers rights essential for social and economic well-being and participation in cultural life. States Parties undertake to take steps towards the full realisation of these rights, generally progressively, to the maximum of their available resources. India ratified the ICESCR in 1979, coinciding with its ratification of the ICCPR, signifying recognition of the equal importance of both sets of rights.

Key Rights under the ICESCR

The ICESCR protects rights related to work, social security, family life, an adequate standard of living, health, education, and culture:

• Right to Work (Article 6): Includes the right to gain a living by work freely chosen or accepted, and state obligation to take steps towards achieving full employment.
• Right to Just and Favourable Conditions of Work (Article 7): Covers fair wages, equal pay for equal work, safe working conditions, equal opportunity for promotion, rest, and holidays.
• Trade Union Rights (Article 8): Right to form and join trade unions and the right to strike.
• Right to Social Security (Article 9): Includes social insurance.
• Protection of the Family, Mothers, and Children (Article 10): Rights related to marriage, maternity protection, and protection of children from exploitation.
• Right to an Adequate Standard of Living (Article 11): Includes adequate food, clothing, and housing, and the fundamental right to be free from hunger.
• Right to Health (Article 12): Right to the highest attainable standard of physical and mental health, including measures for disease prevention, treatment, and health services.
• Right to Education (Article 13): Primary education compulsory and free; progressive introduction of free secondary and higher education.
• Right to Cultural Life and Benefits of Scientific Progress (Article 15): Right to participate in cultural life, enjoy the benefits of scientific progress, and protection of moral and material interests resulting from scientific, literary, or artistic production.

Monitoring by the Committee on Economic, Social and Cultural Rights (CESCR)

The implementation of the ICESCR is monitored by the Committee on Economic, Social and Cultural Rights (CESCR), a body of 18 independent experts. The Committee was established later than the Human Rights Committee (in 1985) by the UN Economic and Social Council (ECOSOC), as the ICESCR itself did not initially provide for a monitoring body.

Reporting Procedure

Similar to the ICCPR, States Parties to the ICESCR submit periodic reports to the CESCR on the measures they have taken to implement the rights. The Committee examines these reports through a constructive dialogue with the State delegation and issues Concluding Observations with recommendations.

General Comments

The CESCR is well-known for its significant body of General Comments, which have been crucial in clarifying the normative content of the ICESCR rights and providing guidance on state obligations, particularly regarding the principle of progressive realisation and minimum core obligations. Examples include General Comments on the right to adequate housing (No. 4), the right to food (No. 12), the right to health (No. 14), and the right to water (No. 15).

Individual Complaint Mechanism (Optional Protocol to ICESCR)

An Optional Protocol to the ICESCR, adopted in 2008 and entered into force in 2013, allows individuals or groups to submit complaints to the CESCR concerning violations of their rights under the Covenant by a State Party. This Protocol also provides for an inquiry procedure for grave or systematic violations. This mechanism is only available if the State has ratified this Optional Protocol. India has NOT ratified the Optional Protocol to the ICESCR, thus individuals in India cannot file complaints against the Indian government under this protocol with the CESCR.

Convention against Torture (CAT) and Committee Against Torture

The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is a key human rights treaty adopted by the UN General Assembly in 1984 and entered into force in 1987. Its central purpose is to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. CAT places strong obligations on States Parties, including the absolute prohibition of torture.

A significant point for India is its status regarding this treaty: India signed the CAT in 1997 but has NOT yet ratified it. This means India has expressed an intention to ratify but is not yet legally bound by its provisions under international law (though it is obligated to refrain from acts that would defeat the object and purpose of the treaty). The delay in ratification has been a subject of concern for human rights advocates, as it hinders full domestic implementation and international accountability under the treaty framework.

Key Provisions under CAT

CAT defines torture and establishes comprehensive obligations for States Parties:

• Definition of Torture (Article 1): Defines torture as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for purposes such as obtaining information or a confession, punishing, intimidating, or coercing, or for any reason based on discrimination, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.
• Absolute Prohibition (Article 2): States Parties must take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under their jurisdiction. No exceptional circumstances whatsoever (like war, political instability, or public emergency) may be invoked as a justification for torture. An order from a superior officer or public authority may not be invoked as a justification for torture.
• Non-Refoulement (Article 3): Prohibits expelling, returning ("refouler"), or extraditing a person to another State where there are substantial grounds for believing that he or she would be in danger of being subjected to torture.
• Criminalisation (Article 4): Requires States Parties to ensure that all acts of torture are offences under their criminal law.
• Jurisdiction (Articles 5-9): Establishes different bases for jurisdiction over acts of torture (territorial, nationality of perpetrator/victim, universal jurisdiction).
• Training and Education (Article 10): Requires ensuring that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, medical personnel, public officials, and others involved in custody, interrogation, or treatment of persons deprived of their liberty.
• Systematic Review of Interrogation Rules (Article 11).
• Prompt and Impartial Investigation (Article 12).
• Right to Complain and Investigation (Article 13): Guarantees the right of individuals alleging torture to complain and have their case promptly and impartially examined.
• Right to Redress and Rehabilitation (Article 14): Victims of torture must have the right to redress, including compensation and full rehabilitation.

Monitoring by the Committee against Torture (CAT)

The implementation of CAT is monitored by the Committee against Torture (CAT), a body of 10 independent experts.

Reporting Procedure

States Parties submit periodic reports to the Committee on measures they have taken to implement the Convention. The Committee reviews these reports and issues Concluding Observations and recommendations.

General Comments

The Committee against Torture issues General Comments providing its interpretation of the Convention's articles and thematic guidance to States.

Inquiry Procedure (Article 20)

CAT also provides for an inquiry procedure (Article 20), allowing the Committee to conduct confidential inquiries if it receives reliable information indicating that torture is being systematically practised in the territory of a State Party. This procedure requires the State to have accepted Article 20, which is automatic upon ratification unless a reservation is made. As India has not ratified CAT, this procedure is not applicable to India.

Individual Complaint Mechanism (Article 22)

Article 22 of CAT allows individuals to submit communications to the Committee against Torture claiming that their rights under the Convention have been violated by a State Party. This mechanism is optional; States must make a declaration accepting the competence of the Committee under Article 22. As India has not ratified CAT itself, Article 22 is not applicable. (Note: There is also an Optional Protocol to CAT (OPCAT) focused on preventive visits to places of detention, monitored by a Subcommittee on Prevention of Torture - India has also not ratified OPCAT).

Ratification and full implementation of CAT remain a significant human rights recommendation for India.

Convention on the Rights of the Child (CRC) and Committee on the Rights of the Child

The Convention on the Rights of the Child (CRC) is the most widely ratified international human rights treaty, adopted by the UN General Assembly in 1989 and entered into force in 1990. It represents a paradigm shift, recognising children not just as objects of protection but as holders of rights. The CRC sets out a comprehensive range of rights for every human being below the age of 18, unless under the law applicable to the child, majority is attained earlier.

India ratified the CRC in 1992, demonstrating its commitment to promoting and protecting the rights of children in the country.

Core Principles and Key Rights under CRC

The CRC is guided by four fundamental principles:

• Non-discrimination (Article 2): All rights apply to all children without exception.
• Best Interests of the Child (Article 3): The best interests of the child shall be a primary consideration in all actions concerning children.
• Right to Life, Survival, and Development (Article 6): States must ensure the child's survival and development to the maximum extent possible.
• Right to be Heard (Article 12): The child has the right to express views freely in all matters affecting them, with those views being given due weight according to their age and maturity.

The CRC covers a broad spectrum of civil, political, economic, social, and cultural rights applicable to children, reflecting the interdependence and indivisibility of human rights:

• Civil Rights and Freedoms: Right to a name and nationality (Article 7), freedom of expression (Article 13), freedom of thought, conscience and religion (Article 14), freedom of association and peaceful assembly (Article 15), right to privacy (Article 16).
• Family Environment and Alternative Care: Rights related to parental responsibilities (Article 18), protection from parental abuse (Article 19), rights of children deprived of family environment (Article 20), adoption (Article 21), rights of refugee children (Article 22).
• Basic Health and Welfare: Right to health and health services (Article 24), social security (Article 26), adequate standard of living (Article 27).
• Education, Leisure, and Cultural Activities: Right to education (Articles 28 & 29), right to rest, leisure, and play (Article 31).
• Special Protection Measures: Protection from child labour (Article 32), drug abuse (Article 33), sexual exploitation and abuse (Article 34), sale, trafficking, and abduction (Article 35), other forms of exploitation (Article 36), torture and deprivation of liberty (Article 37), armed conflicts (Article 38), physical and psychological recovery and social reintegration (Article 39), juvenile justice (Article 40).

The CRC's comprehensive nature makes it a powerful instrument for advocating for children's rights in various contexts in India, from addressing child labour and child marriage to improving education and healthcare access for children.

Monitoring by the Committee on the Rights of the Child (CRC)

The implementation of the CRC is monitored by the Committee on the Rights of the Child (CRC), a body of 18 independent experts.

Reporting Procedure

States Parties submit periodic reports to the Committee on the measures they have adopted to give effect to the rights in the Convention. The Committee examines these reports through a constructive dialogue with the State delegation and issues Concluding Observations and recommendations specific to the State's context.

General Comments

The Committee on the Rights of the Child issues influential General Comments that provide detailed interpretation and guidance on specific articles or themes within the CRC, such as the right to play (No. 17), the right to health (No. 15), or state obligations regarding the business sector and children's rights (No. 16).

Optional Protocols to the CRC

The CRC has three Optional Protocols:

1. Optional Protocol on the involvement of children in armed conflict (OPAC): Requires states to prevent recruitment of children under 18 into armed forces and their participation in hostilities. India has ratified OPAC.
2. Optional Protocol on the sale of children, child prostitution and child pornography (OPSC): Requires states to prohibit and criminalise these acts. India has ratified OPSC.
3. Optional Protocol on a communications procedure (OPIC): Establishes an individual complaint mechanism, allowing children (or their representatives) to submit complaints to the Committee on the Rights of the Child if they believe their rights under the CRC or its first two Optional Protocols have been violated and domestic remedies are exhausted. India has NOT ratified OPIC, meaning individuals in India cannot submit complaints against the Indian government under this procedure to the Committee on the Rights of the Child.

Through reporting, general comments, and the Optional Protocols (where ratified), the Committee on the Rights of the Child plays a vital role in promoting and protecting the rights of children globally, including in India.