CYIL 2014

JAN LHOTSKÝ

CYIL 5 ȍ2014Ȏ Number of States Parties 6

Treaty Abbreviation

Entry into Force

Treaty Body

Adoption

1966

ICCPR

1976

168

Human Rights Committee

Committee on Economic, Social and Cultural Rights Committee on the Elimination of Racial Discrimination Committee on the Elimination of Discrimination Against Women

1966

ICESCR

1976

162

1965

ICERD

1969

177

1979

CEDAW 1981

188

1984

CAT

1987

155

Committee Against Torture

Committee on the Rights of the Child

1989

CRC

1990

194

1990

CMW 2003

47

Committee on Migrant Workers

Committee on the Rights of Persons with Disabilities Committee on Enforced Disappearances

2006

CRPD

2008

147

2006

CED

2010

42

2.2 Powers of Treaty Bodies If we do not take into account the fact that some treaty bodies can pursue inquiries and receive inter-state complaints, the fact that they have two main types of authority has to be stressed. First, they receive and review state reports. When a particular state ratifies one of the treaties, it is obliged to elaborate and submit an initial report and, afterwards, periodic reports (mostly every four years) on the human rights situation in relation to the content of the particular treaty. The treaty body examines the report, discusses important issues with the delegation of the state and finally issues ‘Concluding Observations’, which is a set of recommendations for the state to implement within the next period. Second, the treaty bodies also have quasi-judicial powers. That means that states parties can allow individuals to refer their case to be decided on the international level by a treaty body. With regard to several treaties the states parties have to ratify an optional protocol for this purpose; other treaties contain an option to trigger the quasi-judicial authority by a simple declaration (opt-in). In this case, if an individual feels that his or her human right has been violated, he or she can lodge an individual Subcommittee on Prevention of Torture, which, however, differs from the other treaty bodies by its preventive function. 6 Data valid in May 2014. The up-to-date number can be viewed at United Nations Treaty Collection, available at: https://treaties.un.org/pages/ParticipationStatus.aspx.

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