The UN Mechanisms for Human Rights Protection: Strengthening Treaty Bodies in Light of a Proposal to Create a World Court of Human Rights
pages 271 - 288
ABSTRACT:

This article discusses the universal level of human rights protection, in particular the work of the treaty bodies in relation to their efficiency and contribution to the improvement of the human rights situation. The treaty bodies on the one hand examine state reports and recommend changes in the states’ policy. On the other hand they operate as quasi-judicial bodies, but without the authority to render legally binding decisions. After providing a short background, the most critical deficiencies of the system are analyzed. The most significant of these is the lack of cooperation on the part of the states. Furthermore, there are other shortcomings regarding a significant backlog on the part of the treaty bodies, as well as inadequate qualifications and guaranties of independence of the treaty body members, mainly in relation to their competence to consider individual complaints. The paper further explains the reaction of the UN High Commissioner for Human Rights and her proposed measures. Moreover, with regard to the reform, a proposal of creating a World Court of Human Rights is discussed that could gradually take over the competencies of the treaty bodies in relation to considering individual complaints.

keywords
Human rights
universal level
treaty bodies
Human Rights Committee
World Court of Human Rights
about the authors

JUDr. Ing. Jan Lhotský is a PhD candidate in international law at the Masaryk University, Faculty of Law. His research and publications primarily cover two areas. Firstly, he writes on international criminal law with focus on the functioning of the International Criminal Court. Secondly, he also focuses on international human rights law in terms of its institutional frameworks and their influence on the enforceability of human rights.

e-mail: jan.m.lhotsky@gmail.com