The UN Human Rights Treaty Bodies: Impact and Future

Abstract

The United Nations human rights treaty bodies have, from modest beginnings, developed monitoring practices, particularly consideration of States Parties’ reports, individual complaints procedures, and inquiries, which cover a broad range of rights and issues. This development, in particular increasingly participatory procedures, has been lauded as an example of “human rights experimentalism.” The treaty bodies have thereby contributed to the interpretation of international human rights law, though not without some weaknesses, and to the protection of human rights, at least to some extent. While treaty bodies have undoubtedly become an integral part of the UN’s human rights system, they face considerable challenges in terms of their efficiency, effectiveness, and legitimacy. Their proliferation, and the consequent increase in the number of States Parties’ reports and cases, has prompted an ongoing review process. It calls into question the future of the system in its present form and entails that treaty bodies and their record will remain under close scrutiny. Treaty bodies will have to continue navigating conflicting demands and expectations from States Parties, within the United Nations, and civil society organizations. In a world where inequality, conflict, and instability are rife and the very notion of human rights is frequently sidelined if not criticized, treaty bodies face a considerable challenge to ensure effective monitoring and ultimately the protection of human rights. Combining a clear conceptual focus and attention to context with closer institutional alignment and holistic and effective forms of engagement will be critical in meeting this challenge.