The value of human rights treaties and their supervisory bodies / edited by Bertrand Ramcharan, Ines French, Orest Nowosad, Jennifer Philpot-Nissen and Ekkehard Strauss.

Format:

Book

Contributor:

Ramcharan, B. G., editor.

French, Inès (Inès Victoria), editor.

Nowosad, Orest, editor.

Philpot-Nissen, Jennifer, editor.

Strauss, Ekkehard, editor.

Series:

International studies in human rights ; v. 147.

Human Rights and Humanitarian Law E-Books Online, Collection 2026

International Studies in Human Rights ; volume 147

Language:

English

Subjects (All):

International law and human rights.

Human rights.

International law.

International agencies.

Physical Description:

1 online resource (802 pages)

Edition:

1st ed.

Place of Publication:

Leiden ; Boston : Brill-Nijhoff, [2026]

Language Note:

English

Summary:

When the Universal Declaration of Human Rights was adopted, it was intended that the United Nations and other international and regional organizations would follow up on its provisions by adopting legally binding human rights treaties for the practical implementation and protection of human rights on the ground, inside countries. A solid corps of United Nations and regional treaties now exist, representing a veritable international code of human rights. It is crucial that they be implemented and applied both in letter and in spirit, and in good faith, in the countries that have ratified or acceded to them. The human rights treaties are living instruments, and their supervisory bodies apply them in the light of evolving conditions and circumstances nationally, regionally, and internationally. The treaties and the jurisprudence they generate represent living international human rights law. It is important that governments and the general public understand their provisions and the protections they provide. This is a defining work on the value of human rights treaties adopted by the United Nations and regional organizations. Comprehensive, and written by leading authorities, the book brings out dramatically the policy roles and practical value of the treaties in protecting fundamental human rights and the international human rights jurisprudence they generate. The book is rich in its discussions of the case law developed by supervisory bodies established under the human rights treaties. It also has informed and illuminating discussions of contemporary challenges to the implementation of international and regional human rights conventions. This is a historic and defining discussion of the value of human rights treaties and their supervisory bodies.

Contents:

Intro

Half Title Page

Series Page

Title Page

Copyright Page

Contents

Foreword

The Value of Human Rights Treaties

Treaty Bodies as Consciences of Humanity

Dedication to Ms Felice Gaer

Notes on Contributors

Chapter 1 Introduction

1 Contemporary Challenges of International Protection

2 Implementation at the National Level (General Comment No. 3 (1981) of the Human Rights Committee)

3 Developing a Comprehensive National Strategy (General Comment No. 5 of the Committee on the Rights of the Child)

4 The Role of National Human Rights Institutions in the Protection of Economic, Social and Cultural Rights (General Comment No. 10 (1998) of the Committee on Economic, Social and Cultural Rights (CESCOR)

4.1 CERD General Recommendation XVII (1993) on the Establishment of National Institutions to Facilitate the Implementation of the Convention

4.2 CEDAW General Recommendation 6 (1988) on Effective National Machinery and Publicity

4.3 Other Treaty Bodies

5 The Value of Human Rights Treaties: Conscience in Action in a Treaty Body: The Committee on the Rights of the Child

6 Conclusion

Chapter 2 The Convention on the Rights of Persons with Disabilities and Its Treaty Body

1 Genesis of the CRPD and Its Essence

2 International Monitoring Mechanism: United Nations Committee on the Rights of Persons with Disabilities

3 Principles of Supervision

4 Key Jurisprudence

5 Optional Protocol: Communications and Investigations

5.1 Research

6 Global Impact

7 Influence of the CRPD and the Committee on the improvement of Legislation and Public Policies at the National Level

8 Conclusion

8.1 Final Words

Literature

Chapter 3 Reflections on the Committee on the Rights of Persons with Disabilities

1 Introduction

2 Part 1. Reflections on the CRPD Committee's CRPD Committee Design.

3 Part 2: Reflections on the CRPD Committee's First Decade of Work

3.1 State Reports

3.1.1 Identification of Legislative Gaps

3.1.2 Accessible Political Participation

3.1.3 Protection in Disasters

3.1.4 Egregious Violations of Human Rights

3.1.5 Summing Up the Practice

3.2 Interpretive Practice

3.2.1 Tacking the Most Contentious Provision: Article 12

3.2.2 Accessibility (Article 9)

3.2.3 Women and Girls with Disabilities (Article 6)

3.2.4 Inclusive Education (Article 24)

3.2.5 Equality and Non-discrimination (Article 5) and the Participation of Persons with Disabilities in the Implementation and Monitoring of the Convention (Articles 4(3) and 33(3))

3.2.6 Right to Live Independently (Article 19) and Employment (Article 27)

3.2.7 Beyond General Comments: Guidelines

4 Communications Practice under the Optional Protocol to the CRPD

4.1 Exclusions in Education

4.2 Bars to Political Participation

4.3 Failures to Accommodate Employment

4.4 Violence and the Obligation of Non-refoulement

4.5 Financial Exclusion and Claims for Equal Access

4.6 Inaccessible Justice

5 The Inquiry Practice under the Optional Protocol to the CRPD

5.1 Summing Up the Inquiry Practice

6 Part 3: Reflections on the Future Practice of the CRPD Committee

6.1 The CRPD Committee and Intersecting Regimes in International Law

6.1.1 The Law of Armed Conflict

6.1.2 Survivorship and Reintegration into Society

6.1.3 Disarmament, Demobilization and Reintegration of Ex-combatants with Disabilities and Persons Associated with Fighting Forces

6.1.4 Addressing Children with Disabilities Affected by Armed Conflict

6.1.5 Detention, Especially in Times of Armed Conflict

6.1.6 International Environmental Law International Environmental Law Climate Change and Disability.

6.1.7 People on the Move and International Refugee Law

6.1.8 International Legal Accountability for Failed Protection

6.1.9 Transitional Justice

6.1.10 International Public Health Law

6.1.11 Human Trafficking and Other Serious Violations of Human Rights and International Humanitarian Law

6.1.12 Hate Speech and Genocide Prevention

6.2 The CRPD Committee and Institutional Arrangements: Forging Connections with the Conference of States Parties

7 Conclusion

Chapter 4 The Promise of the Convention on the Rights of the Child

Chapter 5 The Convention on the Rights of the Child

2 The Development of Children's Rights

3 The Convention

4 Conclusion

References

Chapter 6 Reflections on the Value of the Convention on the Rights of the Child and Its Optional Protocols

Chapter 7 The International Convention on the Elimination of All Forms of Discrimination against Women

2 The Problems Addressed in the Treaty

2.1 Women, Men, Sex and Gender

2.2 Are Men Really the Point of Reference?

2.3 Direct, Indirect and Intersectional Discrimination

2.4 Formal, Substantive and Transformative Gender Equality

2.5 Gender Stereotypes

2.6 Due Diligence Obligation and Extra-territorial Application of the Convention

2.7 All Appropriate/Necessary Measures

3 Progress Made in Implementing the Treaty

3.1 Constitutional, Legal and Institutional Frameworks

3.2 The Leadership Role Played by the Committee Regarding GBV

4 Policies of the Supervisory Treaty Body

4.1 Reporting

4.2 Individual Communications and Inquiries under the Optional Protocol

4.2.1 Individual Communications

4.2.2 Inquiries

4.3 General Recommendations

4.4 Inter-state Communications/ Negotiation and Arbitration

4.5 Statements and Letters

4.6 The Sustainable Development Goals.

4.7 Collaborations

4.8 Protection of Civil Society Organizations and Individuals against Retaliation

5 Key Jurisprudence Developed under the Optional Protocol

5.1 Individual Communications

5.1.1 Sexual and Reproductive Health and Rights: Abortion, Forced Sterilization and Obstetric Violence

5.1.1.1 Abortion

5.1.1.2 Forced Sterilization

5.1.1.3 Obstetric Violence

5.1.2 Further Economic, Social and Cultural Rights

5.1.2.1 Housing, Nutrition, Water, Health Care Services

5.1.2.2 Rights to Social Protection

5.1.2.3 Access to Work

5.1.2.4 Inheritance and Land Rights

5.1.3 Gender-Based Violence

5.1.3.1 Domestic Violence

5.1.3.2 Sexual Violence

Rape

Rape and Murder

Sexual Harassment at the Workplace

Sexual Violence during War

Non-refoulement Claims

5.2 Inquiries

5.2.1 Sexual and Reproductive Health and Rights

5.2.2 Gender-Based Violence against Women

6 Challenges

6.1 Attacks against Human Rights, Multilateralism, Rule of Law, "Gender Ideology"

6.2 Need for Coherence

6.3 Resources' Crisis Leading to Inefficiency and Weakened Protection of Human Rights

Bibliography

Chapter 8 The International Convention on the Elimination of All Forms of Racial Discrimination

1 The Essence of the Treaty

1.2 Article 1: the definition of racial discrimination

1.3 Articles 2, 5 and 6

2 The Supervision of the ICERD

2.1 The reporting system (Article 9)

2.2 The Inter-state Communications (Articles 11 and 12)

3 Other Activities of CERD

3.1 General Recommendations

3.2 Early warning and urgent action procedures

4 Cases before the International Court of Justice

5 The Impact of the ICERD

Chapter 9 Reflections on the ICERD and People of African Descent: An Unexpected Success Story.

Chapter 10 The International Convention on the Rights of All Migrant Workers and Their Families

2 Nature and Content of the Convention

3 Core Jurisprudence and Challenges

3.1 Protection of Universal Human Rights

3.2 Preservation of Family Unity

3.3 Right to Employment and Decent Work

3.4 Access to Social Security

3.5 Access to Justice

3.6 Equal Treatment and Non-discrimination

3.7 Right to Information, Access to Justice and Redress

4 National Best Practices

4.1 Ecuador

4.2 Egypt

4.3 Morocco

4.4 Mexico

4.5 Philippines

4.6 Senegal

4.7 Sri Lanka

4.8 Türkiye

5 Principles of Monitoring and Accountability

6 Impact of the Convention

Internet Sources

Chapter 11 The Convention and Rights of Migrant Workers: Push, Push-Back and Marginalization

1.1 Regarding Ratification and Reporting

1.2 Ratification and Implementation Improve Domestic Law and Treatment

2 Migration Today

2.1 Global Context

2.2 Migration for employment

2.3 Five-Fold Dichotomy of Declining Work Forces, Structural Unemployment, Restricted Immigration

3 Crises of Treatment of Migrant Workers Today: Key Risks and Responses by the ICRMW

3.1 In-decent Work, Precarity, Illegality and Suppression of Labour Rights

3.2 Discrimination

3.3 Gender Specificity

3.4 Social Protection

3.5 Increased hostility, Scapegoating, and Violence against Migrants

4 De-regulatory Regime Change in Narrative and Governance

4.1 The Shift to Control in Law, Policy, Institutions and Practice

4.2 Big Steps in Deregulatory Regime Change - Coinciding with Diminishing the Relevance of the ICRMW

5 Push and Push-Back on the Convention

5.1 Meanwhile…the Pushback

5.2 The Committee on - Rights of - Migrant Workers

6 Agenda for Action

6.1 Immediate Actions.

Notes:

Includes bibliographical references and index.

Description based on publisher supplied metadata and other sources.

Description based on print version record.

ISBN:

90-04-73425-2

9789004734258

OCLC:

1564842869

Publisher Number:

10.1163/9789004734258 DOI