What is Human Rights Treaty Body?

The treaty bodies perform a number of functions in accordance with the provisions of the treaties that established them. Their thematic focus and their working methods all differ slightly, but in general, they:

1. consider States parties’ reports;
2. consider individual complaints;
3. conduct country inquiries;
4. adopt general comments and organize thematic discussions to interpret the provisions of their treaty or treaties;
5. attend the annual meeting of Chairpersons; and
6. contribute to the treaty body strengthening process.

States parties’ reports
When a State ratifies a treaty, it has a legal obligation to implement the rights recognized in that treaty. However, becoming a party to a treaty is only the first step, because recognition of rights on paper is not enough to guarantee that they will be enjoyed in practice.

So, in addition to their obligation to implement the substantive provisions of the treaty, each State party is also under an obligation to submit periodic reports to the relevant treaty body (except the SPT) on how the rights are being implemented.

In addition to States parties’ reports, the treaty bodies may receive information on a country’s human rights situation from other sources, including national human rights institutions (NHRIs), international and national civil society organizations (CSOs), United Nations entities, other intergovernmental organizations, professional groups and academic institutions. Most committees allocate specific plenary time to hearing submissions from CSOs and UN entities.

In the light of all the information available, the relevant treaty body examines the report in the presence of a State party’s delegation. Based on this constructive dialogue, the Committee publishes its concerns and recommendations, referred to as ‘concluding observations’.

Individual complaints
Eight of the committees (CCPR, CERD, CAT, CEDAW, CRPD, CED, CESCR and CRC) can receive petitions from individuals. Any individual who claims that their rights under the treaty have been violated by a State party to that treaty may bring a communication before the relevant committee, provided that the State has recognized the competence of the committee to receive such complaints, and that domestic remedies have been exhausted.

In addition, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families contains provisions for individual communications to be considered, but these are not yet operative.

Country inquiries
Six of the committees (CESCR, CAT, CEDAW, CRPD, CED, and CRC – when the relevant Optional Protocol enters into force) may initiate country inquiries if they receive reliable information containing well-founded indications of serious, grave or systematic violations of the conventions in a State party.

General comments and days of general discussion
The Committees also solicit input, organize discussion days and events, and publish their interpretation of the content of human rights provisions (known as general comments or general recommendations) on thematic issues or methods of work. These cover a wide range of subjects, from the comprehensive interpretation of substantive provisions, such as the right to life or the right to adequate food, to general guidance on the information that should be submitted in State reports relating to specific articles of the treaties.

The annual meeting of Chairpersons
The annual meeting of the Chairpersons of the Human Rights treaty bodies provides a forum for members to discuss their work, share best practices, and consider ways to enhance the effectiveness of the treaty body system as a whole.

Treaty body strengthening
In 2009, the United Nations High Commissioner for Human Rights called on State parties as well as on other stakeholders to initiate a process of reflection on how to streamline and strengthen the treaty body system to achieve better coordination among these mechanisms and in their interaction with Special Procedures and the Universal Periodic Review.

Human Rights Impact stories 2022
The impact stories highlight the direct impact on victims or positive change in legislation or policy in a State party or impact on the development of international law and jurisprudence to which the Office of the High Commissioner for Human Rights, the human rights treaty bodies, special procedures, the UPR, and the Humanitarian Funds have contributed. The stories have been updated as of 1 November 2022, and refer to recommendations or action taken since 2015. We would welcome your feedback by writing to ohchr-tbs@un.org.

 

Treaties

• International Covenant on Civil and Political Rights (ICCPR: adopted in 1966: entry into force in 1976)
• Optional Protocol to the ICCPR (OP-ICCPR; adoption in 1966; entry into force in 
• 1976); Second Optional Protocol to the ICCPR aiming at the abolition of the death 
• penalty (adoption in 1989);
• International Covenant on Economic, Social and Cultural Rights (ICESCR; adoption in 
• 1966; entry into force in 1976);
• Optional Protocol to the ICESCR (OP-ICESCR; adoption in 2008; entry into force 
• in 2013);
• International Convention on the Elimination of All Forms of Racial Discrimination 
• (CERD; adoption in 1965; entry into force in 1969);
• Convention on the Elimination of All Forms of Discrimination against Women 
• (CEDAW; adoption in 1979; entry into force in 1981);
• Optional Protocol to CEDAW (adoption in 1999; entry into force in 2000);
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or 
• Punishment (CAT; adoption in 1984; entry into force in 1987);
• Optional Protocol to CAT (OPCAT; adoption in 2002; entry into force in 2006);
• Convention on the Rights of the Child (CRC; adoption in 1989; entry into force in 1990);
• Optional Protocols to CRC on the involvement of children in armed conflict and on 
• the sale of children, child prostitution and child pornography (adoption in 2000; entry into force in 2002); 
• Optional Protocol to CRC on a communications procedure (adoption in 2011; entry into force in 2014);
• International Convention on the Protection of the Rights of All Migrant Workers and 
• Members of Their Families (known as the Migrant Workers Convention; ICRMW; adoption in 1990; entry into force in 2003);
• Convention on the Rights of Persons with Disabilities (CRPD; adoption in 2006; entry into force in 2008);
• Optional Protocol to CRPD (adoption in 2006; entry into force 2008);
• International Convention for the Protection of All Persons from Enforced 
• Disappearance (CED; adoption in 2006; entry into force in 2010)

United Nations Human Rights Treaty Monitoring Bodies

• Human Rights Committee;
• Committee on Economic, Social and Cultural Rights (CESCR-Committee);
• Committee on the Elimination of Racial Discrimination (CERD-Committee);
• Committee on the Elimination of Discrimination against Women (CEDAW-Committee);
• Committee against Torture (CAT-Committee);

Subcommittee on the Prevention of Torture and other Cruel, Inhuman or Degrading 

Treatment or Punishment (SPT);

• Committee on the Rights of the Child (CRC-Committee);
• Committee on the Protection of the Rights of All Migrant Workers and Members of 

Their Families (CMW-Committee);

• Committee on the Rights of Persons with Disabilities (CRPD-Committee);
• Committee on Enforced Disappearances (CED-Committee).