HUMAN RIGHTS

UNIT-2 KSLU IMPORTANT

SOLVED
QUESTIONS

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1. UDHR Importance/Rights & Freedoms.

2. Significance / Importance / Characteristics / of UDHR.

3. Economic, Social & Cultural Rights under ICESCR.

4. ICCPR and significance

5. UN Charter & Human rights / Human rights High

Commissioner.

6. United Nations Human Rights Council

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1. Importance of UDHR, Rights & Freedoms.

Loss of many lives during 2nd world war

Every nation needed peace and protection of Human rights.

The Guide was required to do so

So commission of Human Rights drafted a

declaration.

which establishes rights & freedoms all over the

globe &

Adopted by UN General Assembly on 10 Dec 1948

in Paris

Which has 30 articles

It is Not legally enforceable

But its rights are mentioned in so many countries

constitutions.
.
International Bill of Human Rights = UDHR + ICCPR (2op) +
ICESCR (1op)

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 The Universal Declaration of Human Rights (UDHR) with
International Covenant on Civil and Political Rights (ICCPR) with 2
optional protocol and International Covenant on Economic, Social, and
Cultural Rights along with its Optional Protocol, forms the
International Bill of Human Rights.

Rights & Freedoms under UDHR

UDHR
(30 Articles)

ART 1&2 ART 3-21 & 28 ART 22-27 ART 29 & 30

Message to uphold Civil & Political Economic, cultural non violating duty
the Brotherwood Rights & social rights of state & Individual

World Human Rights Day is celebrated every year on December 10th,

the anniversary of the adoption of the Universal Declaration of Human
Rights.

A summary of the articles

 UDHR basic structure influenced by the Code Napoléon, (a

series of regulations written centuries ago by Napoléon
Bonaparte).
 UDHR first draft by Canadian legal expert John Peters
Humphrey.
 UDHR Final shape in the second draft by French jurist René
Cassin
The Declaration consists of the following:

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The preamble of the Declaration outlines the social and historical
factors that led to the formation of the Universal Declaration of Human
Rights.
1: Free and equal -All are born free and equal, and to be treated equally.
2: Freedom from discrimination (sex, socioeconomic status, religion,
Ethnicity or language)

Civil and Political Rights: Articles 3 to 21

(Trick to remember memorize the sentences)

1. Every man as a right to life (3) & free from slavery (4) & torture (5)
2. Every man must be recognised (6) by law equally (7) to access justice
(8) without arbitrary arrest (9) and with fair trial(10) and presumed
innocent until proven guilty.(11)
3. The right to privacy (12), movement (13), asylum (14), & Nationality
must not be infringed.(15)
4. Every man has right to marry (16), make property (17) with his
religion & belief(18) & He can Express freely(19) in the assembly(20)
of public affairs(21).

3: Right to life
4: Freedom from slavery
5: Freedom from torture
6: Right to recognition before the law-
7: Right to equality before the law
8: Access to justice
9: Freedom from arbitrary detention, arbitrarily arrest
10. Right to a fair trial
11: Presumption of innocence:
12: Right to privacy:
13: Freedom of movement:
14: Right to asylum: to seek refugee
15: Right to nationality
16: Right to marriage and to found a family when attain legal
17: Right to own property
18: Freedom of religion or belief
19: Freedom of Expression

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20: Freedom of assembly
21: Right to take part in public affairs

Economic, Social, and Cultural Rights: Articles 22 to 27

(Trick: Memorize the sentence

Every man has to be provided with social security (22) to work (23)
with leisure & rest (24) by providing adequate standard of living (25)
and education (26) and be allowed to take part in cultural, artistic and
scientific life (27).

22: Right to social security)

23: Right to work
24: Right to leisure and rest
25: Right to an adequate standard of living
26: Right to education
27: Right to take part in the cultural, artistic, and scientific life

28: Right to a free and fair world: To ensure that our rights are
protected, there must be a court that can protect them.

29: Duty to your community: We humans have responsibilities to the

community that allows us to completely develop our personality.
Human rights should be protected by law. It should enable everyone to
appreciate and be respected by others.

30: Rights are inalienable: No one, neither institution nor individual,

should act in any way to undermine the rights guaranteed by the
UDHR.

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2. Significance/ Importance of Universal Declaration of Human
Rights
Not a Treaty

No direct legal duty imposed

Foundation

Statement

Instrument

Inspiration

Reduced Discrimination

Recognized Women Rights

Given Rise to ICCPR & ICESCR

abolition of torture

Recognized child rights

Recognized disabled persons rights

1. Not treaty
2. Does not impose legal duties directly
3. It is a statement of universal principles that all members of the
international community share
4. It impacted on the creation of international human rights law.
5. The UDHR serves as an instrument in the sphere of human rights.

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 6. It reflects the commitment of every nation towards the protection
of human rights.
7. This document has great significance mainly because of two
reasons,
a. It is the first international instrument ever that focuses on the
need for protection of human rights across the globe.
b. The way for other various instruments on human rights that are
legally binding upon the state parties.
8. This laid a foundation for the evolution of human rights law not
just at the international level but also at the domestic level.
9. It inspired nations across the world to give significance to human
rights and to respect each and every individual.
10. As an impact of UDHR, every nation today, regardless of
whether it is a democratic country or not, has provided its citizens
with at least the basics of human rights.
11. The UDHR supported by various other international
instruments on human rights, has been successful in reducing
numerous practices such as racial discrimination, torture, slavery,
etc., to a great extent, which were very prevalent during the 19th
century.
12. Recognition of women’s rights is another achievement of
the UDHR.
13. In addition, the Universal Declaration of Human Rights has
given rise to several international treaties that are binding on the
countries that ratify them. These include:

a. The International Covenant on Civil and Political Rights

(ICCPR)
b. The International Covenant on Economic, Social, and Cultural
Rights (ICESCR)

Other legally binding agreements that expand on the rights enshrined

in the Universal Declaration of Human Rights include:

1. The Convention on the Elimination of All Forms of Racial

Discrimination, 1965

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2. The Convention on the Elimination of All Forms of Discrimination
against Women, 1979
3. The Convention against Torture and Other Cruel, Inhuman or
4. Degrading Treatment or Punishment, 1984
5. The Convention on the Rights of the Child, 1989
6. The Convention on the Rights of Persons with Disabilities, 2006

Case laws (Read fully & while writing highlight the judgement)

The Supreme Court of India has been playing a significant role in the
evolution of domestic jurisprudence with regard to the sphere of human
rights. Though the Constitution lists down specific rights under Part III,
the Supreme Court through wide interpretation of the provisions under
Part III, has always engaged in making the fundamental rights
inclusive. The Supreme Court, through its decisions, has added various
rights, such as the right to education and the right to privacy, within the
meaning of the right to life and liberty under Article 21 of the
Constitution, as implied fundamental rights. The Supreme Court of
India has also recognised and invoked the UDHR in various cases.
Some of the cases where the Supreme Court of India has discussed the
UDHR are briefly discussed below.

1. His holiness Kesavananda Bharati v. State of Kerala & Anr. (1973)

(Basic structure and fundamental rights must not be violated by any
constitution amendment)
2. ADM Jabalpur v. Shivkant Shukla (1976) (Highlighted art 8&9 of
UDHR)
3. Kishore Chand v. State of Himachal Pradesh (1991) (Right to Life
& Liberty highlighted)
4. K.S. Puttaswamy & Anr. v. Union of India & Ors. (2017) ( Right to
privacy is essential part of Right to life & Liberty)

1. His holiness Kesavananda Bharati v. State of Kerala & Anr.

(1973)
Brief facts: In the present case, the petitioner was the chief of a religious
institution (Mutt) in the state of Kerala. The Mutt’s land was acquired

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by the state under the Kerala Land Reforms (Amendment) Act, 1969.
The petitioner challenged this Act in the Supreme Court, contending
that the Legislation is violative of Article 26 which provides for
freedom to manage religious institutions.
The Parliament in the meanwhile passed 24th, 25th and 29th
Constitutional Amendment Acts, which added the Kerala Land
Reforms (Amendment) Acts, 1969 and 1971 to the Ninth Schedule of
the Constitution and also curtailed the right to property as a
fundamental right.
The petitioner challenged the constitutional validity of these acts and
the power of parliament to amend fundamental rights.
Issues:
Whether or not the parliament can amend the fundamental rights.
Whether or not the impugned Constitutional Amendment Acts are
valid.
Judgement:
Though the present case is a landmark one that dealt with various
issues, the relevant portion of the judgement with regard to human
rights is the issue of the power of parliament to amend fundamental
rights. The Court in this case held that the parliament has the power to
amend any provision of the Constitution, but the amendment should not
be violative of the basic structure of the Constitution which includes
the fundamental features of the constitution such as equality, justice, or
any of the principles mentioned in the preamble of the constitution. The
basic structure also includes Part III of the Constitution which includes
the fundamental rights. The Court also held that though the UDHR is
not legally binding, the way the fundamental rights are drafted by the
constituent assembly shows how India understood the nature of human
rights. The Court further held that the declaration describes some rights
as inalienable.

2. ADM Jabalpur v. Shivkant Shukla (1976)

Brief facts:
The president of India declared a national emergency through a
presidential order under Article 352 of the Constitution citing threat to
security of India due to internal disturbances.

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The presidential order led to the suspension of fundamental rights
guaranteed under Part III of the Constitution. Simultaneously, the court
proceedings with regard to the application of Article 14, 21 and 22 of
the Constitution were also subject to suspension.
The declaration of emergency was followed by arbitrary detention of
various politicians and others.
As a result of the presidential order, the lower courts suspended the
proceedings dealing with the application of rights under Articles 14,
21, and 22 of the Constitution. But the decision of a few courts was not
in favour of the government, and the government appealed such
decisions before the Supreme Court.
Issues:
Whether or not the fundamental rights can be suspended during an
emergency.

Judgement:
Hon’ble Justice Khanna, the dissenting judge in this case, while
interpreting the presidential order under Article 359(1), held that the
interpretation of the presidential order, since it affects the fundamental
rights or human rights, should be in conformity with the international
customary law. Justice Khanna stressed upon Article 8 and 9 of the
UDHR which provide for the enforcement of fundamental rights and
protection from arbitrary detention. He observed that the Court should
interpret the presidential order under Article 359(1) in a manner which
would bring it conflict with Article 8 and 9 of the UDHR. He therefore
held that the presidential order should not be construed to permit
arbitrary detention or suspension of any remedy for the enforcement of
fundamental rights.

3. Kishore Chand v. State of Himachal Pradesh (1991)

Brief facts:
In the present case, the appellant, along with two other accused, was
charged with offences under Section 302 and 201 r/w Section 34 of the
Indian Penal Code, 1860 for murder and concealing the dead body of
the victim.
The Sessions Court convicted all three accused for the alleged crime
and sentenced them to life imprisonment for offence under Section 302

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and a rigorous imprisonment of 2 years for offence under Section 201
of the Penal Code.
The High Court, on appeal, acquitted accused 2 and 3 for offence under
Section 302 and confirmed the conviction and sentence of the accused.
Therefore, the appellant filed an appeal before the Supreme Court.
Issues:
Whether the prosecution proved the guilt of the accused beyond
reasonable doubt.

Judgement:
The Supreme Court, while acquitting the appellant, held that the police
failed to establish the guilt of the accused beyond reasonable doubt and
that there was fabrication of evidence by the investigating officer. The
Court also held that the investigating officer also violated the
fundamental right to personal liberty of the accused by framing them
for offences punishable with capital punishment. The Court further
observed that, though investigating heinous crimes is a difficult task
since such crimes are committed with great secrecy, it is necessary to
consider the precious fundamental right to life and personal liberty
guaranteed by Article 3 of the UDHR and Article 21 of the Indian
Constitution. The Court also invoked the right to defend guaranteed
under Article 10 of the universal declaration and held that assigning an
experienced defence counsel to the accused is an important aspect of a
fair trial and the inbuilt right to life and liberty as guaranteed under
Articles 14, 19, and 21 of the Constitution.

4. Chairman, Railway Board & Ors. v. Mrs. Chandrima Das

& Ors. (2000)
Brief facts:
In the present case, a few railway employees committed rape of a
woman, who was a Bangladeshi national, at the ‘Rail Yatri Niwas’,
Howrah railway station.
Mrs. Chandrima Das, an advocate, filed a petition under Article 226 of
the Constitution before the Calcutta High Court claiming compensation
for the victim. The High Court awarded a compensation of Rs. 10 lakhs
to the victim, which was to be paid by the railway board since the

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offence was committed by the railway employees on the station
premises.
The railway board filed an appeal before the Supreme Court contending
that it would not be liable to pay the compensation since the victim was
a foreigner and not an Indian national. The board also contended that
the offence was an individual act of persons, and hence it would not be
liable to pay compensation for the acts of concerned individuals. The
board had further contended that compensation could not be awarded
since the petitioner was not the victim herself.
Issues:
Whether the railway board is liable to pay the compensation.

Judgement:
The Court dismissed the appeal and held the railway board and the
central government vicariously liable. The Court, while upholding the
compensation awarded to the victim, discussed the right to life under
Article 21 of the Constitution. The Court held that fundamental rights
guaranteed under the Constitution are in consonance with the rights set
out in the UDHR. Therefore the meaning of the term ‘life’ under Article
3 of the Constitution has to have the same meaning under Article 21 of
the Constitution. The Court held that the meaning of the term life under
Article 21 of the Constitution cannot be narrowed down. Though the
fundamental rights are available to the citizens of the nation, a few of
them are available to any person, be it a citizen or a foreigner.

5. K.S. Puttaswamy & Anr. v. Union of India & Ors. (2017)

Brief facts:
The government launched AADHAR, which was made mandatory for
availing certain schemes.
An individual was required to provide biometric data while signing up
for AADHAR.
The petitioner, who is Retd. Justice, challenged the Aadhar scheme
before the Supreme Court, contending that it violates the right to
privacy of an individual .
Issues:
Whether the right to privacy is a fundamental right and a
constitutionally protected value.

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Judgement:
The Supreme Court in this case held that the right to privacy is an
essential part of the right to life and personal liberty under Article 21
of the Constitution. The Court observed that the right to privacy is
recognised as an international human right by Article 12 of the UDHR
to which India is also a signatory. The Court therefore observed that
recognition of privacy as a fundamental constitutional value is part of
India’s commitment to global human rights, as Article 51 of the
Constitution requires the state to respect international law and treaty
obligations. The Court further held that the importance of the right to
privacy cannot be diluted.

Conclusion
In a world where human rights enforcement is still a challenge in both
developed and developing countries, the Universal Declaration of
Human Rights (UDHR) serves as a lighthouse for the international
community on the standards that should be set for the protection and
promotion of human rights. The Universal Declaration of Human
Rights marked the beginning of a new era of hope for respect for all
people’s inherent equality and dignity.

Even in recent scenarios, the fight against crime and terrorism has also
put a strain on fundamental rights.

So governments today must show the same degree of vision, courage,

and commitment that led the United Nations to adopt the Universal
Declaration of Human Rights seventy-three years ago.

3. Economic, Social & Cultural Rights under ICESCR.

 ICESCR adopted in 1966 by UN general assembly

 Came into force in 1978 with sister covenant ICCPR
 It forms part of the International Bill of Human Rights.
 Composed of 31 articles
 Article 1, proclaims the right to self-determination
 The heart of the Covenant is found in part III, articles 6-15

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  Art 6 right to work
 7 - right to fair conditions of employment
 8 - right to join and form trade unions
 9 - right to social security
 10 - right to protection of the family
 11 - right to an adequate standard of living, including the right to
food, clothing, and housing (art. 11)
 12 - right to health
 13 - right to education
 15 - right to culture

The protection given to economic rights in the Covenant is broad but

general. Article 7, for example, provides for a right to equal
remuneration for work of equal value (rather than just the more
restrictive equal pay for equal work), and gives recognition to a wide
range of other rights such as the right to safe and healthy working
conditions and the right to reasonable limitation of working hours.
Similarly, article 8 provides not only for the right to join and form
trade unions but also for the right of trade unions to function freely
and the right to strike.

The recognition given to the rights to food, housing, health and cultural
life, for example, do not find comparable enactment elsewhere.

The Supervision System

 According to articles 16 and 17 of the Covenant, states are

required to submit reports, at intervals as defined, on the
“measures which they have adopted” and the “progress made” in
achieving observance of the rights in the Covenant.
 The reports are to be sent to the UN Secretary-General, “for study
and general recommendations or for information,” (art.19)
 Finally, ECOSOC may “from time to time” submit reports and
recommendations “of a general nature” to the General Assembly
(art. 21), and may bring to the attention of other UN organs and
specialized agencies any matters that “may assist such bodies in
deciding on the advisability of international measures likely to

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 contribute to the effective progressive implementation of the
Covenant.”(art. 22)

The UN Committee on Economic, Social and Cultural Rights

The CESCR is composed of 18 experts, sitting in an independent

capacity, chosen with due regard to equitable geographical distribution.
It officially meets in Geneva each year for a single three-week session,
although additional sessions are frequently arranged.

4. ICCPR and significance.

The ICCPR is part of the International Bill of Human Rights, along

with the International Covenant on Economic, Social and Cultural
Rights (ICESCR) and the Universal Declaration of Human Rights
(UDHR).

 The implementation of the ICCPR is overseen by the United

Nations Human Rights Committee
 Reviews reports of parties on how effectively fundamental rights
are being implemented.
 The parties to the ICCPR reports within a year after acceding to
the Covenant, and then whenever the committee requires.
 The Committee holds its sessions in Geneva, Switzerland, thrice
per year.

 The ICCPR had its origins in the same type of process that led to
the Universal Declaration of Human Rights.
 Contains about 53 articles divided into 6 parts. Their details are
as follows:

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 ICCPR
53 Articles

ART 6-27 ART 28-45 ART 46-47 ART 48-53

ART 1 Guarantees
ART 2-5 Guidelines Provisions
Self Physical for Governs
Recognition Integrity & for interven Ratification
determinati operating,
& Remedy freedom in UN &
on Reporting &
from slavery operations amendment
Monitoring
& Torture

Articles of ICCPR

Article 1: It recognizes the right of all peoples to self-determination,

including the right to “freely determine their political status”, pursue
their economic, social and cultural goals, and manage and dispose of
their own resources.

Articles 2 – 5: These articles enable parties to come up with

legislation to give effect to the rights recognized in the Covenant, and
to provide a legal remedy in case of violation of such rights.

Articles 6 – 27: Guarantee of physical integrity as in right to life and

freedom from torture and slavery. Freedom from unlawful arrest, right
to habeas corpus and guarantee of individual liberty and security.
Fairness in law and its procedure through the rights to due process, fair
and impartial trial, the presumption of innocence.
Freedoms of moment, thought, religion association, conscience,
assembly, right to privacy and right to a nationality.
Disallowing propaganda for war and religious purposes as well as
advocacy of national or religious hatred that will result in violence or
hostility. Political participation, including the right to the right to vote

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Equality before the law, no discrimination on grounds of anyone being
a minority or not.

Articles 28 – 45 : These articles establish the guidelines of the Human

Rights Committee will operate, as well as the reporting and monitoring
of the Covenant. It also enables the parties to recognise the authority of
the committee to resolve the disputes between parties on the
implementation of the ICCPR.

Articles 46 – 47: Articles 46 – 47 states that the provisions of the

ICCPR does not mean that parties will interfere with the operation of
the United Nations or “the inherent right of all peoples to enjoy and
utilize full and freely their natural wealth”

Articles 48 – 53: Governs ratification, entry into force, and amendment

of the Covenant.

India and the ICCPR

India is a party to the International Covenant on Civil and Political

Rights
The Constitution of India guarantees the Right to Protest, publicly
question and force the government to answer as per Article 19.

Article 19 (1) (a) states that all citizens shall have the right to freedom
of speech and expression.
Article 19 (1) (b) states that all citizens shall have the right to assemble
peaceably and without arms.
However, the State can impose reasonable restrictions on the exercise
of right of assembly on two grounds, namely, sovereignty and integrity
of India and public order including the maintenance of traffic in the
area concerned.

5. UN Charter & Human Rights.

The appalling atrocities of the Nazis against the Jews and against other
races during the Second World War led to a strong movement for the

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international protection of fundamental human rights, and the UN
Charter contains numerous references to them.

1. The United Nations (UN) system has two main types of bodies to
promote and protect human rights:
Charter Bodies
1. Human Rights
Council
2. High Commisioner
of HUman Rights

Treaty Bodies
Special Procedures

Charter Bodies established under the UN Charter in order to fulfill the

UNs general purpose of promoting human rights.

The Human Rights Council

 It is principal UN Charter Body responsible for human rights

 The General Assembly established the HRC in 2006.
 To be more efficient and effective than its predecessor, the
Human Rights Commission.
 Forty-seven UN member states sit on the HRC.
 One of its main purposes is to review the human rights record of
every UN member state once every 4 years
 To make recommendations for improvement.
 Australia is not currently a member of the Human Rights Council.

Office of The United Nations High Commissioner For Human

Rights

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  it was established following the World Conference on Human
Rights in 1993.
 Its role is to prevent human rights violations and secure respect
for human rights
 To promote international cooperation and coordinating the
United Nations' human rights activities.
 The OHCHR conducts a very broad range of activities from is
headquarters in Geneva.
 It also works directly in areas where there are severe human
rights violations though field offices and as part of UN peace
missions.

High Commissioner for Human Rights

 Established in February, 1946

 It was the nearest approach to permanent machinery for the
supervision of the problem of protectionof human rights.
 It was one of the six Functional Commissions established by the
Economic and Social Council.
 The Commission is directed to prepare recommendations on
reports on:
a. An international Bill of Human Rights;
b. International conventions or declarations on civil liberties
c. the status of women, freedom of information and similar
d. The protection of minorities
e. Other matters concerning human rights.

The Office of the UN High Commissioner for Human Rights (OHCHR)

lead responsibility in the UN system for the promotion and protection
of human rights. The office supported the human rights components of
peacekeeping missions in several countries, and has many country and
regional offices and centres. The High Commissioner for Human
Rights regularly commented on human rights situations in the world
and had the authority to investigate situations and issue reports on them.

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Human Rights Treaty Bodies

Treaty Bodies have responsibility for monitoring and promoting

compliance with a particular human rights treaty. As such they are only
concerned with countries that are a party to that treaty.

A number of human rights treaties have established treaty-monitoring

bodies to supervise the implementation of treaty obligations by State
Parties;

 The human rights treaty bodies are committees of independent

experts
 They monitor implementation of the core international human
rights treaties.
 The creation of a body of international human rights law is one of
the United Nations' great achievements.
 The United Nations has helped negotiate more than 70 human
rights treaties and declarations.

Together, these treaties and declarations have helped create a culture of

human rights throughout the world, providing a powerful tool to protect
and promote all rights. In accordance with the treaties, States parties
have set up treaty body committees that may call upon States to respond
to allegations, adopt decisions and publish them along with criticisms
or recommendations.

Special Procedures

The special procedures of the Human Rights Council are prominent,

independent experts working on a voluntary basis, who examine,
monitor, publicly report and advise on human rights from a thematic or
country-specific perspective.

2. Universal Declaration of Human Rights

The Universal Declaration of Human Rights [11] was adopted by the
General assembly by a vote of 48 to nil with eight abstentions.[12]The
declaration has been hailed as an historic event of the profound

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significance and as one of the greatest achievements of the United
Nations.[13] The declaration on Human Rights was prepared by the
commission on Human Rights in 1947 and 1948 and was adopted by
the General Assembly on December 10, 1948. When the declaration of
Human Rights was adopted, it was a most eloquent expression of hope
by a world emerging from the most devastating war in the history of
human race.

3. Preamble of The Universal Declaration Of Human Rights

One of the main reasons for the inclusion of the provisions concerning
human rights in the U.N. Charter was the bitter experience which the
mankind had undergone during the First and second world Wars when
large scale violations of human rights were made. That is why the
preamble of the United Nations Charter expresses the determination to
save succeeding generations from the scourge of the war and to
reaffirm faith in fundamental human rights, in the dignity and worth of
the human person, in the equal rights of men and women. Thus, large
scale violations of human rights during two world wars, especially the
Second World War, including the Nazi atrocities were fresh in the
minds of the framers of the U.N. charter.

That is why, one of the first decisions that the general assembly took
was to prepare an International Bill of Human Rights and for this
purpose asked the Economic and Social Council for a study by the
Commission of Human Rights. The large scale violations of human
rights including the Nazi atrocities were also fresh in the minds of those
drafted and adopted the Universal Declaration of Human Rights. These
are echoed in every word of the Preamble to affirm their faith in
fundamental human rights, in the dignity and worth of the human too,
it to be the foundation of freedom, justice and peace in the world.

6. United Nations Human Rights Council

The United Nations Human Rights Council (UNHRC) is a United

Nations System inter-governmental body responsible for promoting
and protecting human rights around the world. Its 47 seats are filled by
member states elected for three-year terms.

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  The UNHRC is the successor to the UN Commission on Human
Rights (UNCHR, herein CHR),
 It is a subsidiary body of the UN General Assembly.
 The council works closely with the Office of the High
Commissioner for Human Rights (OHCHR) and engages the
United Nations special procedures.

Special procedures

Special procedures is the general name given to the mechanisms

established by the Human Rights Council to gather expert observations
and advice on human rights issues in all parts of the world.

Special procedures are categorized as either thematic mandates, which

focus on major phenomena of human rights abuses worldwide, or
country mandates, which report on human rights situations in specific
countries or territories. Special procedures can be either individuals
(called Special Rapporteurs or Independent Experts), who are intended
to be independent experts in a particular area of human rights, or
working groups, usually composed of five members (one from each UN
region). As of September 30, 2016 there were 43 thematic and 14
country mandates.

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