Major international human rights treaties have treaty bodies known as committees, which
oversee their implementation. These bodies review periodic reports made by State Parties
regarding their compliance with the respective treaties. They also issue general comments
that provide authoritative interpretations of the treaty provisions and examine the extent to
which the treaties have been implemented by State Parties. In addition, they make
recommendations addressing particular areas where State Parties should change legislation,
policy and practice in order to promote treaty compliance.
Under certain conditions, some treaty bodies may also receive communications from
individuals, groups, or State Parties alleging treaty violations. These bodies may then issue
adjudicative decisions interpreting and applying treaty provisions, and establishing whether a
State party has complied with its treaty obligations. At the regional level, human rights
treaties have established courts, which may order remedies, such as cessation of the
infringement of a right and financial compensation. To reflect the principle of
complementarity between national and international institutions, one general condition for
the use of these international and regional mechanisms is the exhaustion of local remedies.
Human Rights Compliance Mechanisms
Strength
Compliance Body
Committee on the ICESCR
Human Rights Council
Weak
Human
Rights
Committee
(under Optional Protocol I).
African Commission on Human
and Peoples’ Rights
↕
Committee on CEDAW (under
the Optional Protocol).
Inter-American Commission on
Human Rights
Inter-American Court of Human
Rights
African Court of Human and
Peoples’ Rights
Strong
European Court of Human
Rights
European Court of Justice
International Criminal Court
Type of Mechanism
State reporting.
Special country specific or thematic report
mechanisms; Resolution 1503 informationpetitioning system.
State reporting; inter-state complaints procedure;
individual complaints procedure.
State reporting; inter-state complaints procedure,
non-state
communications;
special
communications.
State reporting; individual communications
procedure; inquiry procedure.
Fact-finding missions; inter-state complaints
procedure; individual complaints procedure.
Advisory jurisdiction; contentious jurisdiction,
including award of damages.
Inter-state complaints procedure; individual
complaints procedure; contentious jurisdiction,
including award of damage.
Inter-state complaints procedure; individual
complaints procedure; contentious jurisdiction,
including award of damage.
Judicial review of EC Acts and Acts of Member
States in EC Areas.
Prosecution of individuals responsible for war
crimes, genocide and crimes against humanity.
Human rights treaties also set out the conditions under which limitations can be imposed by
States on the exercise of some human rights under exceptional circumstances. In general,
such limitations will be allowed provided that they are determined by law and necessary in a
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