International law, Sixth edition
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International Law MALCOLM N. SHAW
Expert bodies established by UN organs
The Sub-Commission on the Promotion and Protection of Human Rights 221 The Sub-Commission, initially entitled the Sub-Commission on Preven- tion of Discrimination and Protection of Minorities, was established by the Commission in 1947 with wide terms of reference. 222 It came to an end in 2006 as a consequence of General Assembly resolution 60/251, which established the Human Rights Council. The Sub-Commission was composed of twenty-six members elected by the Commission on the ba- sis of nominations of experts made by the UN member states and it 219 See e.g. F. J. Hampson, ‘An Overview of the Reform of the UN Human Rights Machinery’, 7 Human Rights Law Review, 2007, p. 7. 220 The Council also adopted at its first session in June 2006 the International Convention for the Protection of All Persons from Enforced Disappearances and the UN Declaration on the Rights of Indigenous Peoples. A Code of Conduct for Special Procedures Mandate- holders was adopted at the fifth session of the Council. 221 See e.g. A. Eide, ‘The Sub-Commission on Prevention of Discrimination and Protection of Minorities’ in Alston, United Nations and Human Rights, p. 211; Tolley, ‘Concealed Crack’, pp. 437 ff.; J. Gardeniers, H. Hannum and C. Kruger, ‘The UN Sub-Committee on Prevention of Discrimination and Protection of Minorities: Recent Developments’, 4 HRQ, 1982, p. 353, and L. Garber and C. O’Conner, ‘The 1984 UN Sub-Commission on Prevention of Discrimination and Protection of Minorities’, 79 AJIL, 1985, p. 168. See also UN Action, pp. 23–4. 222 See e.g. UN Action, p. 23. See also resolutions E/259, 1947; E/1371, 1949, and 17 (XXXVII), 1981. 308 i n t e r nat i o na l l aw was renamed the Sub-Commission on the Promotion and Protection of Human Rights in 1999. 223 Members served in their individual capac- ity for four-year terms 224 and the composition reflected an agreed geo- graphical pattern. 225 The Sub-Commission produced a variety of studies by rapporteurs 226 and established a number of subsidiary bodies. The Working Group on Communications functioned within the framework of the resolution 1503 procedure, while the Working Group on Con- temporary Forms of Slavery 227 and the Working Group on the Rights of Indigenous Populations 228 prepared material within the areas of their concern. 229 The Sub-Commission from 1987 produced an annual re- port listing all states that had proclaimed, extended or ended a state of emergency. 230 The International Covenant on Economic, Social and Cultural Rights 231 The International Covenant on Economic, Social and Cultural Rights was adopted in 1966 and entered into force in 1976. Article 2 provides that each state party undertakes to take steps to the maximum of its available resources ‘with a view to achieving progressively the full realisation of the rights recognised in the present Covenant’. In other words, an evolving programme is envisaged depending upon the goodwill and resources of states rather than an immediate binding legal obligation with regard to the rights in question. The rights included range from self-determination (article 1), the right to work (articles 6 and 7), the right to social se- curity (article 9), adequate standard of living (article 11) and education 223 See E/1999/INF/2/Add.2. 224 See ECOSOC resolution 1986/35 with effect from 1988. Before this, the term was for three years and originally for two years. 225 See ECOSOC resolution 1334 (XLIV), 1968, and decision 1978/21, 1978. 226 See e.g. the Capotorti Study, above, footnote 165, and the Ruhashyankiko Study, above, footnote 90. See also the Daes Study on the Individual’s Duties to the Commu- nity, E/CN.4/Sub.2/432/Rev.2, 1983 and the Questiaux Study on States of Emergency, E/CN.4/Sub.2/1982/15, 1982. 227 Resolution 11 (XXVII), 1974, established the Working Group on Slavery. Its name was changed in 1988: see resolution 1988/42. See K. Zoglin, ‘United Nations Action Against Slavery: A Critical Evaluation’, 8 HRQ, 1986, p. 306. 228 See resolution 2 (XXXIV), 1981. See also E/CN.4/Sub.2/1982/33, and above, p. 298. 229 See e.g. the S. Chernichenko and W. Treat Study on The Administration of Justice and the Human Rights of Detainees: The Right to a Fair Trial, E/CN.4/Sub.2/1994/24, 1994. 230 See e.g. E/CN.4/Sub.2/1987/19/Rev.1; E/CN.4/Sub.2/1991/28 and E/CN.4/Sub.2/1995/20 and Corr. 1. 231 See e.g. Craven, Covenant. t h e p r o t e c t i o n o f h u m a n r i g h t s 309 (article 13) to the right to take part in cultural life and enjoy the benefits of scientific progress and its applications (article 15). Under the Covenant itself, states parties were obliged to send periodic reports to ECOSOC. 232 In 1978, a Sessional Working Group was set up, consisting of fifteen members elected by ECOSOC from amongst states Download 7.77 Mb. Do'stlaringiz bilan baham: |
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