Project On Human Rights Law: Semester - VII

PROJECT ON HUMAN RIGHTS LAW
United Nations Human Rights Commission
AMITY LAW SCHOOL
Semester – VII
Name of Teacher Name of Student
MR. MAYUR CHOUDHARY NIKHIL PARAKH

ASSISTANT PROFESSOR BBA.LLB (HONS)
AMITY LAW SCHOOL A80621515003
AMITY UNIVERSITY
CHHATTISGARH
1
Table of Contents
ACKNOWLEDGMENT ..................................................................................................................................... 3
I. INTRODUCTION ..................................................................................................................................... 4
II. HISTORICAL BACKGROUND ................................................................................................................... 4
IV. CONSTITUTION OF THE COMMISSION .............................................................................................. 5
V. FURTHER DEVELOPMENT...................................................................................................................... 5
VI. FUNCTIONS OF THE COMMISSION ................................................................................................... 7
2
ACKNOWLEDGMENT
The author is grateful to almighty for bestowing the ideas and wit for completing this project
successfully. The author is thankful to the faculty concerned with the project who gave a chance
to explore and learn more about the topic on which this project is based. This project is based on
United Nations Human Rights Commission.
The author would like to thank the teacher Mr. Mayur choudhary , Assistant Professor, Amity
Law School Amity University, Chhattisgarh for his support, advise and concerned for helping
and guiding throughout the project.
3
I. INTRODUCTION
The United Nations Human Rights Council (UNHRC) is a United Nations body whose
mission is to promote and protect human rights around the world.1 The UNHRC has 47 members
elected for staggered three-year terms on a regional group basis.2 The 38th session of the
UNHRC began June 18, 2018. It ended on July 7, 2018. The headquarters of UNHRC is
in Geneva, Switzerland.
The UNHRC investigates allegations of breaches of human rights in UN member states, and
addresses important thematic human rights issues such as freedom of association and
assembly, freedom of expression, freedom of belief and religion, women's rights, LGBT rights,
and the rights of racial and ethnic minorities.
II. HISTORICAL BACKGROUND
The UNHRC was established by the UN General Assembly on March 15, 2006 (by resolution
A/RES/60/251) to replace the UN Commission on Human Rights (UNCHR, herein CHR) that
had been strongly criticized for allowing countries with poor human rights records to be
members.3 UN Secretaries General Kofi Annan and Ban Ki-moon, former president of the
council Doru Costea, the European Union, Canada, and the United States have accused the
UNHRC of focusing disproportionately on the Israeli–Palestinian conflict, and many allege an
anti-Israel bias – the Council has resolved more resolutions condemning Israel than the rest of
the world combined.4 The UNHRC works closely with the Office of the High Commissioner for
Human Rights (OHCHR) and engages the UN’s special procedures.
1
"About the Human Rights Council". Office of the High Commissioner for Human Rights. Retrieved 29
October 2016.
2
Current Membership of the Human Rights Council 20 June 2011 – 31 December 2012 by regional groups". Office
of the United Nations High Commissioner for Human Rights.
3
"UN creates new human rights body". BBC. 15 March 2006.
4
Report: Since Inception, UNHRC Condemned Israel More Than Rest of World's Countries
Combined". Algemeiner.com.
4
IV. CONSTITUTION OF THE COMMISSION
The members of the General Assembly elect the members who occupy the UNHRC's 47 seats.
The term of each seat is three years, and no member may occupy a seat for more than two
consecutive terms. The seats are distributed among the UN's regional groups as follows: 13 for
Africa, 13 for Asia, six for Eastern Europe, eight for Latin America and the Caribbean
(GRULAC), and seven for the Western European and Others Group (WEOG). The previous
CHR had a membership of 53 elected by the Economic and Social Council(ECOSOC) through a
majority of those present and voting.
The General Assembly can suspend the rights and privileges of any Council member that it
decides has persistently committed gross and systematic violations of human rights during its
term of membership. The suspension process requires a two-thirds majority vote by the General
Assembly. The resolution establishing the UNHRC states that "when electing members of the
Council, Member States shall take into account the contribution of candidates to the promotion
and protection of human rights and their voluntary pledges and commitments made thereto", and
that "members elected to the Council shall uphold the highest standards in the promotion and
protection of human rights".5
V. FURTHER DEVELOPMENT
On 18 June 2007, one year after its first meeting, the Human Rights Council adopted its
"Institution-building package" (resolution 5/1) which details procedures, mechanisms and
structures that form the basis of its work. Among those mechanisms the following subsidiary
bodies directly report to the Human Rights Council:
 Universal Periodic Review Working Group
 Advisory Committee
 Complaint Procedure
5
"UN General Assembly Resolution 60/251.8"
5
The Council also established the following subsidiary expert mechanism to provide the Council
with thematic expertise and forums providing a platform for dialogue and cooperation. These
bodies focus mainly on studies, research-based advice or best-practices. They meet and report
annually to the Council:
 Expert Mechanism on the Rights of Indigenous People
 Forum on Minority Issues
 Social Forum
 Forum on Business and Human Rights
 Forum on Human Rights, Democracy and the Rule of Law
The Council further established the following open-ended intergovernmental working

groups to elaborate and/or negotiate and finalize new draft legal instruments or to make
recommendations on the effective implementation of existing instruments:
 Working Group on the Right to Development
 Intergovernmental Working Group on the Durban Declaration and Programme of Action
 Working Group on an Optional Protocol to the Convention on the Rights of the Child
 Ad Hoc Committee on the Elaboration of Complementary Standards
 Open-ended intergovernmental working group on the draft United Nations declaration on human
rights education and training
 Open-ended intergovernmental working group on regulatory framework of activities of private

military and security companies
 Open-ended intergovernmental working group on a draft United Nations declaration on the right
to peace
 Open-ended intergovernmental working group on a United Nations declaration on the rights of

peasants and other people working in rural areas
 Open-ended intergovernmental working group on transnational corporations and other business

enterprises with respect to human rights
6
VI. FUNCTIONS OF THE COMMISSION
1. Promote and protect human rights;

2. Review the safeguard provided by or under any enactment for the protection of human
rights;
3. Review the factors or difficulties that inhibit the enjoyment of human rights;
4. Submit to the minister any opinion, recommendation, proposal or report on any matter
concerning the promotion and protection of human rights;
5. Prepare reports on the national situation with regard to human rights in general, and on
more specific matters;
6. Inform the minister of situations of violation of human rights and advise on ways in
which such situations can be ended;
7. Promote and ensure the harmonisation of national legislation and practices with the
international human rights instruments to which mauritius is a party, and their effective
implementation;
8. Contribute to the reports which mauritius is required to submit to united nations bodies
and committees, and to regional institutions, pursuant to its treaty obligations and, where
necessary, to express an opinion on the subject, with due respect for its independence;
9. Cooperate with the united nations and any other organisation in the united nations
system, the regional institutions and the national institutions of other countries that are
competent in the areas of the protection and promotion of human rights;
10. Assist in the formulation of programmes for the teaching of, and research into, human
rights and take part in their execution in schools, universities and professional circles;
11. Publicise human rights and efforts to combat all forms of discrimination by increasing
public awareness, especially through information and education and by making use of all
press organs;
12. Exercise such other functions as it may consider to be conducive to the promotion and
protection of human rights.
13. Carry out an enquiry as to whether a case where a person who believes that he has been
unjustly convicted should reviewed by the supreme court.
7
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PROJECT ON HUMAN RIGHTS LAW

United Nations Human Rights Commission

AMITY LAW SCHOOL

Name of Teacher Name of Student

MR. MAYUR CHOUDHARY NIKHIL PARAKH

II. HISTORICAL BACKGROUND

 Universal Periodic Review Working Group

 Expert Mechanism on the Rights of Indigenous People

 Forum on Minority Issues

 Forum on Business and Human Rights

 Forum on Human Rights, Democracy and the Rule of Law

The Council further established the following open-ended intergovernmental working

 Working Group on the Right to Development

 Intergovernmental Working Group on the Durban Declaration and Programme of Action

 Ad Hoc Committee on the Elaboration of Complementary Standards

 Open-ended intergovernmental working group on regulatory framework of activities of private

 Open-ended intergovernmental working group on a United Nations declaration on the rights of

 Open-ended intergovernmental working group on transnational corporations and other business

1. Promote and protect human rights;

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