This paper focuses on the work, main functions and accountability of the United Nations Human Rights Council. The author examines historically the failures of the UN Human Rights Council's predecessor, the United Nations Commission on Human Rights by showing the Commission's problematic composition of membership and its reaction to serious human rights violations. The paper illustrates one of the Council's most important functions: The Universal Periodic Review mechanism (UPR). Ultimately, the author comes to the conclusion that the General Assembly of the United Nations made the right decision to replace the UN Commission on Human Rights with the UN Human Rights Council.
This paper is a revised version of the original paper that was delivered to the University of New South Wales Sydney in September 2017. The course lecturer in Human Rights required that the original submission to the Faculty of Law should not exceed 800 words. The original article was graded with "High Distinction" (an outstanding performance). The lecturer commented: "This is a very good discussion of the set topic [and] of the failures of the Commission and its replacement by the Council." Besides the legal history, this paper also analyses the Council's work, functions and accountability.
Inhaltsverzeichnis (Table of Contents)
- I. History
- 1) Membership
- 2) Polarisation
- 3) Reaction to serious human rights violations
- II. The scope of the Council's activities and its main functions
- III. Accountability
- IV. Example of how one of the Council's functions works
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This text aims to provide an overview of the United Nations Human Rights Council, its origins, functions, and accountability mechanisms. It explores the history of the Council as a successor to the UN Commission on Human Rights, highlighting key differences and improvements.
- The establishment and structure of the UN Human Rights Council
- The challenges faced by the UN Commission on Human Rights
- The Council's key functions, including promoting universal human rights and addressing specific country situations
- The Council's accountability mechanisms, including review processes and the role of NGOs
- An example of a specific function of the Council: the Universal Periodic Review (UPR) mechanism
Zusammenfassung der Kapitel (Chapter Summaries)
- I. History: This chapter details the establishment of the UN Human Rights Council as a replacement for the UN Commission on Human Rights. It discusses the Commission's limitations, including its susceptibility to political manipulation, lack of authority, and inadequate response to human rights crises. The chapter also outlines the Council's membership structure and its commitment to promoting human rights through universal participation.
- II. The scope of the Council's activities and its main functions: This chapter describes the Council's role in promoting and protecting human rights worldwide. It emphasizes the Council's intergovernmental nature, its engagement in dialogue, capacity building, and the development of legally binding instruments to address human rights issues. The chapter highlights the Council's proactive approach in condemning human rights abuses and atrocities through special sessions and investigations conducted by International Commissions of Inquiry and Fact-Finding missions.
- III. Accountability: This chapter examines the Council's accountability mechanisms, emphasizing its reporting obligations to the UN General Assembly. It also highlights the role of NGOs in monitoring the Council's activities and holding member states accountable. The chapter acknowledges challenges related to accountability, highlighting criticisms of the Council's effectiveness in protecting human rights.
- IV. Example of how one of the Council's functions works: This chapter focuses on the Universal Periodic Review (UPR) mechanism, a key tool used by the Council to assess the human rights records of all UN member states. It emphasizes the UPR's significance as a peer review system, its reliance on UN Charter principles, and its contribution to promoting human rights by encouraging states to implement their commitments.
Schlüsselwörter (Keywords)
This text delves into key concepts related to international human rights protection, including the UN Human Rights Council, its history, functions, accountability mechanisms, and the Universal Periodic Review. It also focuses on the challenges faced by the UN Commission on Human Rights and the need for effective mechanisms to address human rights violations worldwide.
- Quote paper
- Oskar Luong (Author), 2017, The United Nations Human Rights Council as the Successor to the United Nations Commission on Human Rights, Munich, GRIN Verlag, https://www.grin.com/document/412438