Human Rights Committee

GUIDE TO UNITED NATIONS HUMAN RIGHTS MACHINERY

remit International Covenant on Civil and Political Rights (ICCPR) · periodic reports every 5 years or as determined by the Committee · individual complaints (Ireland only) - see making a complaint under the optional protocols · inter-state complaints (never used)
type of issues considered the right to self-determination (Article 1)
  • non-discrimination (Articles 2(1) and 26)
  • equal rights of men and women to enjoy civil and political rights (Article 3)
  • the right to life (Article 6)
  • freedom from torture (Article 7)
  • freedom from slavery (Article 8)
  • the right to liberty (Article 9)
  • prisoners’ rights (Articles 10 and 11)
  • the right to freedom of movement (Article 12)
  • limited immigration rights (Article 13)
  • the right to a fair trial (Article 14)
  • the right to family life and privacy (Articles 17 and 23)
  • freedom of conscience and religion (Articles 18 and 19)
  • freedom of assembly and association (Articles 21 and 22)
  • children’s rights (Article 24)
  • minority rights (Article 27)
number of members 18 “persons of high moral character and recognised competence in the field of human rights”; must act “impartially and conscientiously”
how nominated by States party to ICCPR
how elected ditto; for 4 year periods; can stand again; no more than one member per country; regard must be had to: geographical distribution, form of civilisation, type of legal system; half committee stands down every 2 years
reports to General Assembly
reports when annually
outline procedure
  • government submits report
  • NGOs make submissions
  • pre-sessional working group made up of 5 Committee members including Country Rapporteur draws up list of issues to be put to government, one session ahead of the session at which the report is due to be considered – NGOs are allowed to make oral presentations and suggest questions for Committee to put to government
  • at hearing, government presents report and replies to list of issues
  • Committee members ask questions
  • government replies
  • final comments by Committee chair
  • concluding observations of the Committee
  • closed session to consider concluding observations
  • public expression of concluding observations
current members (name, country of origin, date mandate expires)
Mr Abdelfattah AMOR (Tunisia 2002)
Mr Nisuke ANDO (Japan 2002)
Mr Prafullachandra Natwarlal BHAGWATI (India 2002
Mrs Christine CHANET (France 2002)
Mr Louis HENKIN (USA 2002)
Mr Maurice GLÈLÈ-AHANHANZO (Benin 2004)
Mr Ahmed Tawfik KHALIL (Egypt 2004)
Mr Eckart Klein (Germany 2002)
Mr David Kretzmer (Israel 2002)
Mr Rajsoomer LALLAH (Mauritius 2004)
Ms Cecilia MEDINA QUIROGA (Chile 2002)
Mr Rafael RIVAS POSADA (Colombia 2004)
Sir Nigel RODLEY (Uk 2004
Mr Ivan SHEARER (Australia 2004)
Mr Martin SCHEININ (Finland 2004)
Mr Hipólito SOLARI YRIGOYEN (Argentina 2002)
Mr Patrick VELLA (Malta 2004)
Mr Maxwell Yalden (Canada 2004)
un address :Office of the High Commissioner for Human Rights
Palais des Nations
United Nations
8 - 14 Avenue de
la Paix
1211 Geneva 10
Switzerland
submissions by 2 months prior to date set for Working Group to draw up list of questions (see outline procedure above)
secretary Mr M Schmidt Ms M Morales Fernandez
ROOM NUMBER Room 1-066 Room 1-032
telephone 00 41 22 917 9258 00 41 22 917 9139
fax 00 41 22 917 9022 00 41 22 917 9022
E-mail address mschmidt.hchr@unog.ch mmorales.hchr@unog.ch
relevant un leaflet(s) Civil and Political Rights: The Human Rights Committee Fact Sheet No. 15 The International Bill of Human Rights Fact sheet No. 2/Rev.1 Communications Procedures Fact Sheet No. 7
established 1976
meets Spring (New York), Summer and Autumn (Geneva)
came into force uk 1976 (but the UK has not ratified either of the optional protocols)
last uk report considered july 1995
next UK report 1999-will be considered october 2001
came into force 1990
last ireland report considered july 2000
next ireland report july 2005
further reading
The Human Rights Committee, Dominic McGoldrick, Clarendon Press, Oxford
The ICCPR: International Human Rights Law in Ireland, Michael O’Flaherty and Liz Heffernan, Brehon Press,
Dublin Commentary on the UN Covenant on Civil and Political Rights, Nowak & Tretter, Engel Verlag, Kehl am Rhein, 1993