United Nations Human Rights Reform: Some Reflections of a Cedaw-Member

AuthorCees Flinterman
Published date01 December 2003
DOI10.1177/016934410302100401
Date01 December 2003
Subject MatterColumn
UNITED NATIONS HUMAN RIGHTS REFORM:
SOME REFLECTIONS OF A CEDAW-MEMBER
One of the many questions in the ongoing debate on the reform of the
United Nations system of protection and promotion of human rights is
concerned with the enhancement of the working relationship between
treaty bodies and Charter bodies, in particular the Sub-Commission on the
Promotion and Protection of Human Rights and the special rapporteurs
and working groups of the United Nations Commission on Human Rights.
In my short experience as a member of the Committee on the Elimination
of Discrimination Against Women (CEDAW) I came to realise how
important that question is. During my first session with CEDAW in January
2003 the United Nations Commission on Human Rights Special Rapporteur
on Violence Against Women participated in one of the meetings; during the
almost ten years of her mandate it was only the second time that this
happened. I was somewhat surprised about this in light of the importance
CEDAW attaches to the issue of violence against women; CEDAW could only
learn from the experiences of the Special Rapporteur and vice versa. The
meeting of CEDAW with the Special Rapporteur which was somewhat formal
and which did not lead to any sort of in depth discussion, stimulated me to
consider the question on what principles the working relationship between
treaty bodies and Charter bodies could be based.
The establishment and enhancement of a working relationship between
treaty bodies and Charter bodies is not an aim in itself but should be seen as
an instrument in the realisation of the overall objective of the United
Nations system of promotion and protection of human rights: i.e. the
strengthening of the protection of human rights at the national level.
Around 180 individual experts are presently working within the United
Nations human rights system: 105 experts in the framework of the now
existing six treaty bodies, 26 independent members of the Sub-Commission
on the Promotion ands Protection of Human Rights and around 50
individual experts who serve as Special Rapporteurs or are members of
Working Groups of the United Nations Commission on Human Rights. That
provides for a great variety of personalities, characters, degrees of courage
and independence. A working relationship, a coordination and fine tuning
of the activities of the treaty bodies, the Sub-Commission on the Promotion
and Protection of Human Rights and the special rapporteurs and working
groups of the Commission of Human Rights should not lead to accepting a
lowest common denominator of these activities. I submit that there are five,
admittedly overlapping, principles which could be relevant in enhancing the
working relationship between treaty bodies and Charter bodies.
COLUMN
Netherlands Quarterly of Human Rights, Vol. 21/4, 621-624, 2003.
@ Netherlands Institute of Human Rights (SIM), Printed in the Netherlands. 621

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