The United Nations Human Rights System

This section provides a brief overview of United Nations activities in setting and enforcing human rights standards.

The Preamble to the United Nations Charter states that the U.N. is intended to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women of nations large and small. The United Nations Charter is the document that sets out the rights and obligations of U.N. Member States and establishes the U.N.'s organizational structure and procedures. The promotion of human rights is one of the main purposes of the U.N. and a number of U.N. bodies and agencies take action on this goal. The United Nations High Commissioner for Human Rights works to strengthen and coordinate U.N. human rights activities.

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Human Rights Law: The Treaty-Based System

The foundations of international human rights law are the United Nations Charter and the Universal Declaration of Human Rights which was adopted in 1948 by the General Assembly, the assembly of U.N. Member States. Human rights treaties - also called covenants or conventions - are legally binding agreements under international law. Since 1948, the United Nations has gradually developed human rights law and created specific standards to ensure the equal enjoyment of human rights by vulnerable groups such as women, children, and minorities.

While there have been many human rights treaties and other instruments adopted at the international level, seven human rights treaties form the centerpiece of the U.N. human rights system:

the International Covenant on Economic, Social and Cultural Rights (entered into force in 1976)
the International Covenant on Civil and Political Rights (entered into force in 1976) and its two Optional Protocols
the International Convention on the Elimination of All Forms of Racial Discrimination (entered into force in 1969)
the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (entered into force in 1987)
the Convention on the Elimination of All Forms of Discrimination against Women (entered into force in 1981) and its Optional Protocol
the Convention on the Rights of the Child (entered into force in 1990) and its two Optional Protocols
the International Convention on the Rights of All Migrant Workers and Members of Their Families (entered into force in 2003).

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An International Convention on the Rights and Dignity of People with Disabilities

Presently, there is no internationally binding instrument specifically devoted to the rights of people with disabilities. However, in December 2001, the General Assembly adopted resolution 56/168, establishing a committee to consider proposals for an international convention to protect and promote the rights and dignity of people with disabilities. A treaty on the rights and dignity of people with disabilities would create legally binding human rights obligations specific to the needs and situation of people with disabilities. Details of the Ad Hoc Committee meetings and current developments can be found on the U.N. Enable website.

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Monitoring the Implementation of Human Rights Treaties

U.N. committees monitor the implementation of the major human rights treaties. The committees are composed of individual experts, serving as individuals not as representatives of any country. Their work is separate for the work of the U.N. political bodies. The main role of the committees, known as treaty monitoring bodies, is to consider and comment on reports from governments on their progress in implementing treaty rights. Many committees consider reports by non-government organizations as well as the government reports. Some also review individual complaints of alleged human rights violations.

More information on the treaty monitoring bodies can be found the on the web site of the Office of the High Commissioner for Human Rights.

The Human Rights Committee - monitors the implementation of the International Covenant on Civil and Political Rights.
The Committee on Economic, Social and Cultural Rights - monitors the implementation of the International Covenant on Economic, Social and Cultural Rights.
The Committee on the Elimination of Racial Discrimination - monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination.
The Committee on the Elimination of Discrimination Against Women - monitors the implementation of the Convention on the Elimination of All Forms of Discrimination Against Women.
The Committee on the Rights of the Child - monitors the implementation of the Convention on the Rights of the Child.
The Committee Against Torture - monitors the implementation of the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment.
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families - monitors the implementation of the International Convention on the Rights of All Migrant Workers and Members of Their Families

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Other International Human Rights Agreements

In the context of disability, there are also a number of relevant treaties adopted under specialized agencies of the U.N. For example, the International Labour Organization has adopted a number of conventions relating to employment and social protection, including I.L.O. Convention No. 111 on discrimination in occupation and employment, and Convention No. 159 on the vocational rehabilitation and employment of disabled persons. The United Nations Educational, Scientific and Cultural Organization (U.N.E.S.C.O.) has adopted the Salamanca Statement and Framework for Action on Special Needs in Education reaffirming the right to education and urging the implementation of inclusive education - integrating disabled and non-disabled children - as a law or policy.

In addition to treaties, international organizations have also developed many other non-binding human rights instruments, including declarations, standards, guidelines, principles and model laws. These instruments are highly persuasive statements of the policy of States as they are usually adopted by consensus by a U.N. body and in some cases are adopted with heads of state or foreign ministers present.

Examples of specific instruments that deal with disability are:

For more information on the U.N. system and its work to promote the rights of people with disabilities see the U.N. Enable web site.

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Commission on Human Rights: Part of the Charter-Based System

The U.N. has created a number of bodies to take action on human rights and to develop human rights standards. In 1946, the U.N. Economic and Social Council - one of the six main U.N. organs - established the Commission on Human Rights. The Commission consists of 53 elected Member States with representation from all regions of the world. Its mandate is the promotion and protection of human rights worldwide. The Commission on Human Rights prepares studies, makes recommendations, and drafts international human rights conventions and declarations. It also investigates allegations of human rights violations and handles communications relating to them. The Commission meets annually at the U.N. in Geneva to address major human rights violations.

The U.N. Economic and Social Council has established a system for U.N. consultation with non-governmental organizations (N.G.O.s). N.G.O.s accredited with consultative status are able to participate in U.N. meetings. Many N.G.O.s attend the meetings of the Commission on human rights to raise concerns about particular countries and about specific issues such as children's rights, indigenous issues, and disability rights. In recent years, the Commission has passed significant resolutions on the rights of people with disabilities (visit the D.R.P.I. Human Rights and Disability page for an overview of these resolutions).

The thematic mechanisms or special procedures of the U.N. Commission on Human Rights are also an important international human rights mechanism. Currently, the Commission has 27 expert Special Rapporteurs or Working Groups appointed as independent experts to investigate relevant human rights themes such as:

health
food
education
adequate housing
torture
violence against women
internally displaced persons
extreme poverty

Most of these experts are able to intervene with governments on individual cases, make general recommendations in their annual reports to the Commission on Human Rights, produce specific reports on particular aspects of their mandate, and visit countries and produce a country report where governments agree to this process. Thematic approaches to human rights issues is a growing trend at the Commission on Human Rights and may be a valuable focus for integrating disability issues.

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U.N. Special Rapporteur on Disability

The Commission for Social Development, a division of the Economic and Social Council, appointed a Special Rapporteur on Disability in 1994. The Special Rapporteur's role is to monitor the implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities which were adopted by the General Assembly in 1993. These 22 Rules to advance the full participation of people with disabilities have assisted in policy development, served as an effective tool for advocacy, and contributed significantly to the human rights approach to disability that has developed in the last decade. (visit the D.R.P.I. Human Rights and Disability page for an overview of this recent history.)

The current Special Rapporteur, appointed in June 2003, is Sheikha Hessa. Bengt Lindqvist served as Special Rapporteur from 1994 to 2002.

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