CYIL vol. 14 (2023)

CYIL 14 (2023) STREAMLINING OR SURVIVAL? OUTCOMES OF THE HUMAN RIGHTS … analysed. At this opportunity, new and perhaps more ambitious changes should be identified and implemented. 5.2 Proposal for an Integrated Treaty Body System (ITBS) as a long-term solution If we take a step back and look at the functioning of the system from the unbiased perspective of someone who wants the system to operate as well as possible, we need to conclude that for future changes, a new way of thinking is necessary. What should be the prerequisites for a functional system? Firstly, any new measures need to be able to address the main deficiencies of the system discussed in chapter 2. Second, there is a need for more integration and cooperation. This is due to the fact that the committees operate as ten separate systems rather than one human rights system at the universal level. Third, the system needs to increase its work capacity. The part-time bodies are not able to adequately respond to the growth of the system, 93 as additional states ratify the respective treaties every year and furthermore, the number of communications is rising. Fourth, measures must comply with the framework given by the existing treaties. In other words, any intended proposals have to be implementable under the wording of the current treaties, as amending them would be too complicated. Therefore, there are limits to what can be done. Nevertheless, the treaties still provide for a lot of space for improvement. Today, the Human Rights Committee monitors civil and political rights and the Committee on Economic, Social and Cultural Rights monitors economic, social and cultural rights. However, the rights are interrelated and merging the two committees into one would facilitate a uniform approach. Such a committee would have 18 members and strict internal rules would have to be incorporated to ensure that the body included a sufficient number of experts on civil and political, as well as on economic, social and cultural rights. 95 With regard to possible legal issues, it needs to be stressed that integrating the ‘covenant committees’ would be possible without a need for a treaty amendment. This is due to the fact that the original treaty on economic, social and cultural rights, unlike the others, entrusted the Economic and Social Council (ECOSOC) with the respective competence, which later mandated the 93 In this respect, see comments by FLINTERMAN, C., ‘The United Nations Human Rights Committee: some reflection of a former member’ (2015) 33 (1) NQHR 7. In addition, see CONNORS, J., ‘The Human Rights Treaty Body System’ in CHESTERMAN, S., MALONE, D. M. and VILLALPANDO, S., (eds) The Oxford Handbook of United Nations Treaties (OUP 2019) 18. 94 I first proposed the following structure in a relatively detailed manner in 2017. See LHOTSKÝ, J., ‘Human Rights Treaty Body Review 2020: Towards an Integrated Treaty Body System’ (2017) EIUC accessed 26 February 2023. Later, I presented the main characteristics in a blog post. See LHOTSKÝ, J., ‘Human Rights Treaty Body Review 2020 – Introducing the Integrated Treaty Body System as a More Ambitious Alternative’ (2020) accessed 26 February 2023. 95 For example, a rule, according to which a number of experts specialized in civil and political rights on the one hand, or economic, social and cultural rights on the other hand, could not be lower than six members of the committee. Potentially, the committee could work in chambers specialized on civil and political rights, and on economic, social and cultural rights in the future. The following are the main characteristics of the newly proposed system: 94 1. The Human Rights Committee covering both civil and political, as well as economic, social and cultural rights

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