The Protection Role and Jurisprudence of the United Nations Human Rights Council

Bertrand Ramcharan performed the function of UN High Commissioner for Human Rights. He has been Commissioner of the International Commission of Jurists, and Member of the Permanent Court of Arbitration. He has written extensively on the protection roles of UN human rights organs, focussing on protection gaps in these bodies, with the aim of strengthening protection in international law and practice. He is President of the Human Rights Observatory.

Challenges of Protection


Foreword


Preface


Introduction


1 Promoting Protection

 1 Introduction


 2 The Universal Periodic Review


 3 Standard-Setting


 4 Cooperation with National Human Rights Institutions


 5 Business and Human Rights


 6 Indigenous Populations


 7 Minorities


 8 Slavery and Slavery-Like Practices


 9 Racism and Racial Discrimination


 10 Human Rights Defenders


 11 Studies


 12 Human Rights Education and Training


 13 Country Rapporteurs, Thematic Rapporteurs and Working Groups


 14 World Campaign on Human Rights


 15 Cooperation with Related UN Organs


 16 Cooperation with Regional Human Rights Bodies


 17 Conclusion




2 Universality

 1 Introduction


 2 The Universal Periodic Review


 3 Philosophical Universality


 4 Universality of Human Rights under International Law: The International Bill of Human Rights


 5 Challenges to Universality


 6 Defending Universality

 6.1 The Democratic Test Of Universality


 6.2 The Bases of Universality


 6.3 Challenges of Implementation


 6.4 Normative Universality


 6.5 Universality in the UN Human Rights Council: The upr Process


 6.6 Political Universality


 6.7 The Universality of International Law


 6.8 Populism and Universality


 6.9 Global Poverty and Universality


 6.10 Gross Violations of Human Rights and Universality


 6.11 Democratic Universality/Peoples’ Universality


 6.12 Universality as an Idea


 6.13 Universality as a Goal


 6.14 Universality as a Normative Concept




 7 Conclusion




3 Protection

 1 Introduction


 2 Efforts for International Protection


 3 The Human Rights Council


 4 High Commissioner’s Updates to the Human Rights Council on Situations of Concern


 5 Protection Activities of Special Procedures of the Council


 6 Conclusion




4 Prevention

 1 Introduction


 2 Pronouncements of the Council on Prevention


 3 Preventive Actions of Special Procedures of the Council


 4 Early Warning from the UN High Commissioner


 5 Tackling Root Causes of Violations


 6 Conclusion




5 Urgent Action

 1 Introduction


 2 Special Sessions of the Council


 3 Urgent Actions by the President of the Council


 4 Urgent Actions by the High Commissioner at the Request of the Council


 5 Conclusion




6 Good Offices

 1 Introduction


 2 Urgent Communications to Governments


 3 Confidential Complaints Procedure


 4 Good Offices by the President of the Human Rights Council


 5 Conclusion




7 Fact-Finding

 1 Introduction


 2 Principles of Fact-Finding

 2.1 Do No Harm


 2.2 Independence


 2.3 Impartiality


 2.4 Transparency


 2.5 Objectivity


 2.6 Confidentiality


 2.7 Credibility


 2.8 Visibility


 2.9 Integrity


 2.10 Professionalism


 2.11 Consistency




 3 The Special Procedures and Commissions of Inquiry


 4 Conclusion




8 Redress

 1 Introduction


 2 Principles of Redress


 3 Right to Truth


 4 Expressions of Concern Over, or Condemnation of Gross Violations


 5 Accountability


 6 Transitional Justice


 7 Evaluation


 8 Conclusion




9 Justice

 1 Introduction


 2 The Decline of Democracy in the World


 3 The Decline of Human Rights Justice in the World


 4 The Idea of Justice in Philosophical Literature


 5 The Idea of Justice in the International Bill of Human Rights

 5.1 Equal Enjoyment of Enumerated Rights


 5.2 Non-Discrimination


 5.3 Discrimination Versus Distinction


 5.4 Affirmative Action


 5.5 General Comment 4/13 of the Human Rights Committee (Gender Equality)


 5.6 The Beijing World Conference on Women’s Rights (1995)


 5.7 Equitable Life Chances




 6 The Human Rights Council’s Contributions to the Global Quest for Justice


 7 The Human Rights Council as a Forum for Seeking and Promoting Global Justice

 7.1 Global Hunger


 7.2 Widespread Lack of Access to Medicine


 7.3 Widespread Lack of Access to Safe Drinking Water and Sanitation


 7.4 World-Wide Discrimination Against Women


 7.5 Child, Early and Forced Marriage in Times of Crisis, Including the covid-19 Pandemic


 7.6 Pervasive Gross Violations of Human Rights


 7.7 Afro-Descendants


 7.8 lgtbq s


 7.9 Albinism




 8 Conclusion




10 Jurisprudence

 1 Introduction


 2 The Architecture of International Law: Principles of the UN Charter


 3 Normative Instruments: Treaties and Declarations


 4 Principles on Human Rights and the Environment


 5 Human Rights and Climate Change


 6 The Right to Peace


 7 Promotion of a Democratic and Equitable International Order


 8 Human Rights: International Cooperation and International Solidarity


 9 Guiding Principles on Business and Human Rights


 10 National Infrastructure


 11 Protection of Human Rights While Countering Terrorism


 12 Rights to Freedom of Peaceful Assembly and of Association


 13 Protection from Arbitrary Detention


 14 Protection of Human Rights Defenders


 15 Right to Truth


 16 Transitional Justice


 17 Protection of Civilians in Armed Conflict


 18 Right to Food


 19 Human Rights and Access to Safe Drinking Water and Sanitation


 20 Access to Medicine


 21 Guiding Principles on Extreme Poverty and Human Rights


 22 Rights of Peasants


 23 The Human Rights of Older Persons


 24 Basic Principles and Guidelines on Development-Based Evictions and Displacement


 25 Trafficking in Persons


 26 Mercenarism


 27 Conclusion




Conclusion


Bibliography


Index