Law - 1503 Procedure

What is the UN 1503 procedure?

In brief, the 1503 Committee investigate widespread, systematic and persistent abuses of human rights.

Whilst set-up initially for third world countries, the protection afforded is increasingly being required by the so-called democratic western nations.

As Democracy fails, and successive Governments rely on the four to five year tick box as the means of redress for our rights, so they increasingly abuse us, the public for their own ends, in the full knowledge that there is little we can do until the next election.

Not only does it take a village to raise a child, but a village to protect the child's family

Further information below or go to the following links:
http://www.elc.org.uk/pages/laweurope.htm#1503

http://www.elc.org.uk/pages/lawinternationaltreaties.htm

Sign the petition for an Environmental Court:
http://www.elc.org.uk/papers/2005env_cts.doc

This procedure is named after the resolution of ECOSOC, which set it up. It mandates the commission to consider communications by any person or group of people alleging that governments have committed a "consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms". All communications about alleged human rights violations received by the UN are processed by the UN Secretariat under this procedure, unless the communication is addressed to a particular special rapporteur or working group.

However, communications concerning individual cases under the jurisdiction of a state which has ratified the First Optional Protocol to the International Covenant on Civil and Political Rights will be channelled to the appropriate committee, rather than being examined under procedure 1503. The same applies where the particular communication alleges human rights violations in a country which falls in the mandate of a country mandate mechanism.

The entire procedure is confidential except from a short public announcement by the chairperson at the end of the closed session simply indicating which countries were dropped from the procedure, and which were kept under review. Another important characteristic of this procedure is that it is only concerned with the country situation, and is not designed to redress individual grievances.

When should I consider using it?
Although it has rarely been used by children's organisations, the 1503 procedure can be used when you seek to redress widespread children's rights abuses, or a consistent practice of violations of children's rights within a country. Information on violations of children's rights, civil and political and economic, social and cultural, would be welcomed within this procedure.

It is essential to have sufficient, reliable and up-to-date information. If admissible, a confidential examination of the country concerned will be carried out. The 1503 procedure is not appropriate if your primary objective is public exposure of violations of children's rights, speedy action by the UN, or a decision on an individual case. As the procedure is confidential, you will not be informed directly at any stage whether your complaint has been taken up, and will not be given the chance to update the information first submitted.

Although the 1503 can be a frustrating procedure from the point of view of the complainant, it is taken very seriously within the UN, and governments prefer not to be under investigation, fearing the adverse publicity and the potential power of world public opinion.

Additional information
More detailed information on how the procedure functions, and what type of measures the commission may take, can be found in Fact Sheet (No. 7) on Communications Procedures issued by the Office of the High Commissioner/Centre for Human Rights. These are available from the Office of the High Commissioner on Human Rights website (http://www.unhchr.ch). Click on Publications and then Fact sheets.
The same fact sheet includes also a list of admissibility requirements, guidelines on the contents of communications and a model questionnaire. However, it is not necessary to follow the model questionnaire and information may be sent via E-mail as well.
UN Contact
Communications should be sent to: Support Services Branch, Office of the UN High Commissioner for Human Rights, UN Office, Palais Wilson, 51 Rue des Paquis, 1201 Geneva, Switzerland, Fax. +41 22 917 9011, E-mail: webadmin.hchr@unog.ch

3. Interventions at the commission or the sub-commission
Another avenue for drawing attention to your concerns about children's rights at the UN is to make an oral or written statement at the commission or the sub-commission. Such statements may be made by NGO representatives only if they have been granted consultative status with ECOSOC. This is the case for Save the Children.

When making a statement, it is important to do it under the relevant agenda item. Therefore, when preparing your statement, you should consult the provisional agenda. This document can be obtained from the UN NGO Liaison Office a few weeks before the meeting.

The question of 'the rights of the child' is one of the fixed agenda items considered by the commission. In this connection the commission considers the secretary-general's annual report on the rights of the child, current special rapporteurs' reports (for example, the report from the Special Rapporteur on the Sale, Pornography and Prostitution of Children) and information on the status of the Convention on the Rights of the Child.

The commission also adopts a resolution on the rights of the child. For instance, the issues addressed in the last commission resolution are: the girl child, prevention and eradication of the sale of children and of their sexual exploitation and abuse, including child prostitution and child pornography, protection of children affected by armed conflict, protection of refugee and internally displaced children, elimination of the exploitation of child labour, the plight of children working and/or living on the street, and children with disabilities (CHR 1998/76). However, there is no reason why a children's NGO could not make a statement under another agenda item, provided the information is relevant to that particular item.

In the agenda of the fiftieth session of the sub-commission, there were specific references to children's issues under the various subject headings, such as, for example, traditional practices affecting the health of women and the girl child; the application of international standards concerning the human rights of detained juveniles. In addition, there was one specific subject heading: "situation regarding the promotion, full realisation and protection of the rights of children and youth".

When making a statement, the preferred approach is to address a particular theme related to children's rights and to use country examples to support your recommendations, unless a country deserves special attention because of systematic violations. However, it is not recommended that you criticise a particular country that has not been identified in the public commission or sub-commission agenda. This must normally be addressed in the 1503 procedure.

Seeking a commission or sub-commission resolution
One of the things you may be seeking when making an intervention is the adoption of a public resolution on a particular country, or on specific aspects of the human rights situation in a particular country. For example, at its last session, the commission adopted a resolution on the abduction of children from Northern Uganda by the Lords Resistance Army.

Draft resolutions at the commission may be introduced only by governments, and, at the sub-commission, only by members of the sub-commission. Therefore, NGOs seeking to encourage a resolution need to consider discussing the matter with a government or with a sub-commission member who may share the same concerns.

NGO activity outside the plenary session
Besides submitting a written statement or making an oral statement at the public meetings of the commission or sub-commission, there are a number of other things you may want to do whilst you are in Geneva, such as:

• Attending a working group meeting. Participation in a sessional or pre-sessional working group is less formal and may prove more effective than an intervention at the plenary meeting. One working group of particular importance for children's issues is the sub-commission's Working Group on Contemporary Forms of Slavery (link to this particular mechanism before in the thematic mandates section).
• Speaking informally to the members of the commission or sub-commission or to government delegates, particularly those who you know will be sympathetic to your case.
• Liaising with other NGOs pursuing similar objectives.
4. Assistance
For practical advice on any of the above procedures, you can contact the International Service for Human Rights, P.O. 16, 1, rue Varembé, 1211 Geneva, 20 CIC, Switzerland, tel. +41 22 733 5123; fax +41 22 733 0826. It has published an orientation manual helping you to find your way around at the UN in Geneva.

II.2 THE UN SUB-COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS
This Sub-Commission (the name was changed from the Subcommission on Prevention of Discrimination and Protection of Minorities by a decision of the ECOSOC of July 1999) was established by the Commission on Human Rights to undertake studies, particularly in the light of the Universal Declaration of Human Rights, and to make recommendations to the Commission concerning the prevention of discrimination of any kind relating to human rights and fundamental freedoms and to the protection of racial, national, religious and linguistic minorities, and to carry out any other functions entrusted to it by ECOSOC or the Commission on Human Rights (E/1371 of 1949). It meets at least once per year; the meetings are held in Geneva for a period of four weeks, beginning early August.

Composition
The Sub-Commission is composed of initially 12, now 26 members nominated by governments and elected for four-year terms by the Commission on Human Rights. In order to ensure adequate representation of different regions, legal systems and cultures, members are elected on the following basis: seven from African states; five from Asian states; six from Western Europe and Other states; five from Latin American and Caribbean states; and three from Eastern European states. The members are elected to serve in their individual capacity as independent experts rather than to represent their governments' policies. Half of the members of the Sub-Commission are elected every two years.

Sub-Commission Working Groups
Besides the working group on communications in connection with the "1503 procedure" as explained below, there exist four other working groups established by the Sub-Commission, namely

• since 1974 a five-member working group to review developments in the field of slave trade, including slavery-like practices of apartheid and colonialism, the traffic in persons and the exploitations of the prostitution of others; in 1988 the name of the Working Group on Slavery was changed into the Working Group of Contemporary Forms of Slavery.
• In 1982, the Sub-Commission established a working group on indigenous populations in order to review developments pertaining to the promotion and protection of the human rights and fundamental freedoms of indigenous populations.
• In 1994, the Sub-Commission established a sessional working group on the administration of justice and the question of compensation in place of a sessional working group on detention. In 1997, the Sub-Commission decided to change its title to Working Group on the Administration of Justice.
• In 1995, the Sub-Commission established, initially for a three-year period, an intersessional working group on minorities which consists of five of its members; its major task is to recommend further measures for the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities.

The "1503 procedure"
The annual meetings of the Sub-Commission are public, except for the days when it meets in closed sessions to discuss the "1503 procedure" adopted in 1970. This procedure is based upon the Universal Declaration on Human Rights relating to the ECOSOC resolutions 728 F (XXVIII), 1235 (XLII) and 1503 (XLII) and the resolution 1 (XXIV) of the Sub-Commission on Prevention of Discrimination and Protection of Minorities. Chart 4 offers a detailed description of the procedure; all communications received by the UN, with the exception of those which fit under a more specific UN procedure, are processed under this "1503 procedure". Communications concerning all Member States can be submitted; admissible communications may originate from a person or group of persons who are victims of violations and any person or group of persons who have direct and reliable knowledge of those violations. The conditions of admissibility are the following: (a) no political motivation; (b) exhaustion of all available domestic remedies; (c) no condition for the submission of a communication under the resolution 728 F (XXVIII); (d) not anonymous.

Every month, members of the Sub-Commission, experts who serve in their personal capacity, receive from the UN Secretary-General a list of communications together with short descriptions of each case and any replies sent in by governments. This list is also supplied to the members of the CHR (for the system at work cf. chart 4).

A five-member Working Group on Communications of the Sub-Commission meets privately for two weeks each year immediately prior to the Sub-Commissioner’s annual session to consider all the communications and any replies of governments and to select for the attention of the Sub-Commission cases where there seems to be reliable evidence of a consistent pattern of gross violations of human rights and fundamental freedoms. A majority of the members of the Working Group is needed to refer a communication to the Sub-Commission. No further action is taken on communications which the Working Group does not pass on to the Sub-Commission.

The Sub-Commission then considers the received communications and has to decide whether to refer to "situations" where there appears a consistent pattern of gross and reliably attested violations of human rights and fundamental freedoms to the Commission on Human Rights.

Then, it is the turn of the CHR and its Working Group on Situations which drafts recommendations as to how each situation should be handled by the Commission to decide whether a thorough study of a particular situation is needed, with a report and recommendations to the ECOSOC. The Commission may also decide to appoint an Ad hoc Committee to make an investigation; this, however, requires the consent of the State concerned.

All actions taken under the "1503 procedure" remain confidential unless the Commission reports thereon to the ECOSOC. Until that stage is reached, the meetings of all human rights bodies involved are held in private and the confidentiality of their records and the documents they handle is preserved.

However, since 1978 the Chair of the CHR has announced the names of countries which have been under examination, thereby making a distinction between countries where the Commission continues to keep a human rights situation under review, and those where it has been decided to take no further action.
Each communication must describe the facts, the purpose of the petition, and the rights that have been violated.

Communications intended for handling under the "1503 procedure" may be addressed to:

Office of the High Commissioner for Human Rights
United Nations Office at Geneva
CH - 1211 Geneva 10
Switzerland

The many critics of the 1503 procedure neglect the fact that it was developed prior to the adoption of the two human rights covenants. It must be stressed that the goal of this procedure is not to provide legal protection for the individual victims of human rights violations but to gather information on systematic and gross violations of human rights.

NGO Participation
During the public meetings - besides government representatives - NGOs which have consultative status with ECOSOC may attend as observers and make written and oral statements concerning issues on the agenda. The NGOs have gradually expanded the scope of their influence; for them, the Sub-Commission has often been a more accessible forum for new ideas than other UN bodies.

As mentioned above, communications may be admitted when they come from individuals or groups who claim to be victims of human rights violations; they may also be admitted when they come from any person or group of people which has direct, reliable knowledge of violations. When NGOs present communications on violations, the conditions are that the NGOs are acting in good faith in the accordance with recognized principles of human rights and that they have direct, reliable evidence of the situation described.

The Sub-Commission annually presents a public report to its parent body, the UN Commission on Human Rights, which summarizes the results and includes the text of all adopted resolutions. More detailed summary records of the proceedings are also available.

References
Weissbrodt, David, Parker, Penny: The U.N. Commission on Human Rights, Its Sub-Commission, and Related Procedures: An Orientation Manual. Minneapolis, Minnesota: Minnesota Advocates for Human Rights; Geneva: International Service for Human Rights, 1993, 99.
This practical Manual is designed for use by first-time participants and observers of the proceedings of the Commission on Human Rights. A French version is also available. Periodic supplements to this Manual are prepared by the International Service for Human Rights in Geneva.
Copies of the Manual can be obtained from the

International Service for Human Rights
P.O. Box 16 1,
rue de Varembé
CH-1211 Geneva, 20 CIC
Switzerland
Phone: x 41-22-7335123
Fax: x 41-22-7330826

The United Nations and Human Rights
The promotion and protection of human rights has been a major preoccupation for the United Nations since 1945, when the Organization's founding nations resolved that the horrors of The Second World War should never be allowed to recur. Respect for human rights and human dignity "is the foundation of freedom, justice and peace in the world", the General Assembly declared three years later in the Universal Declaration of Human Rights. Over the years, a whole network of human rights instruments and mechanisms has been developed to ensure the primacy of human rights and to confront human rights violations wherever they occur.
United Nations intergovernmental bodies dealing with human rights
The General Assembly is the main deliberative body of the United Nations. Made up of 185 Member States, it reviews and takes action on human rights matters referred to it by its Third Committee and by the Economic and Social Council.

A subsidiary body of the General Assembly concerned with human rights is the Special Committee to Investigate Israeli Practices affecting the Human Rights of the Palestinian People and other Arabs of the Occupied Territories.

The Economic and Social Council, composed of 54 member Governments, makes recommendations to the General Assembly on human rights matters, and reviews reports and resolutions of the Commission on Human Rights and transmits them with amendments to the General Assembly. To assist it in its work, the Council established the Commission on Human Rights, the Commission on the Status of Women and the Commission on Crime Prevention and Criminal Justice. It also works closely with agencies of the United Nations system which have a special interest in human rights matters.

The Commission on Human Rights is the main policy-making body dealing with human rights issues. Composed of 53 member Governments, it prepares studies, makes recommendations and drafts international human rights conventions and declarations. It also investigates allegations of human rights violations and handles communications relating to them.

The Commission has established a number of subsidiary bodies, including the Sub-Commission on Prevention of Discrimination and Protection of Minorities.

The Sub-Commission on Prevention of Discrimination and Protection of Minorities undertakes studies and makes recommendations to the Commission concerning the prevention of discrimination against racial, religious and linguistic minorities. Composed of 26 experts, the Sub-Commission meets each year for four weeks. It has set up working groups and established Special Rapporteurs to assist it with certain tasks.

The Commission on the Status of Women, composed of 32 members, prepares recommendations and reports to the Economic and Social Council on the promotion of women's rights in political, economic, social and educational fields. It makes recommendations to the Council on problems requiring attention in the field of women's rights.

The Commission on Crime Prevention and Criminal Justice, composed of 40 members, is the main United Nations policy-making body on criminal justice. It develops and monitors the United Nations programme on crime prevention.

To enhance respect for fundamental human rights and to further progress towards their realization, the United Nations adopted a three-pronged approach: (a) establishment of international standards, (b) protection of human rights, and (c) United Nations technical assistance.

Establishment of international standards
International Human Rights standards were developed to protect people's human rights against violations by individuals, groups or nations.

The following declarations adopted by the international community are not legally binding: the Universal Declaration of Human Rights (1948), the Declaration on the Right to Development (1986) and the Declaration on the Protection of All Persons from Enforced Disappearance (1992). Many countries have incorporated the provisions of these declarations into their laws and constitutions. International covenants and conventions have the force of law for the States that ratify them.

The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights are legally binding human rights agreements. Both were adopted in 1966 and entered into force 10 years later, making many of the provisions of the Universal Declaration of Human Rights effectively binding. Conventions include the Convention on the Prevention and Punishment of the Crime of Genocide (entered into force in 1951); the International Convention on the Elimination of All Forms of Racial Discrimination (entered into force in 1969); the Convention on the Elimination of All Forms of Discrimination against Women (entered into force in 1981); the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (entered into force in 1987); the Convention on the Rights of the Child (entered into force in 1990); and the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (adopted in 1990, not yet in force).

Protection
Conventional mechanisms (treaty bodies), and extra-conventional mechanisms (United Nations special rapporteurs, representatives, experts and working groups) have been set up in order to monitor compliance with the various international human rights instruments and to investigate alleged human rights abuses.

Under the conventional mechanisms the following treaty bodies, composed of experts serving in their personal capacity, were established to monitor compliance with United Nations human rights instruments: the Committee on the Elimination of Racial Discrimination (CERD), the Committee on the Elimination of Discrimination against Women (CEDAW), the Committee on the Rights of the Child (CRC); the Committee against Torture (CAT), the Human Rights Committee (Covenant on Civil and Political Rights) and the Committee on Economic, Social and Cultural Rights (Covenant on Economic, Social and Cultural Rights). It should be noted that these Committees are established under the respective instruments, with members elected by the States parties, with the exception of the Committee on Economic, Social and Cultural Rights, whose membership is elected by ECOSOC.

To monitor the implementation of treaty obligations at the national level, the treaty bodies examine reports of States parties. Each year they engage in dialogue with approximately 100 national Governments and issue concluding observations, commenting on the situtations of the countries and offering suggestions and recommentations for improvement. In addition, the Committees are entitled to hear and consider certain individual communications.
Under the extra-conventional mechanisms, a number of procedures have been established to monitor compliance with human rights norms. Thematic procedures include the Representative of the Secretary-General on internally displaced persons; working groups on enforced or involuntary disappearances and on arbitrary detention; and special rapporteurs dealing with extrajudicial, summary or arbitrary executions; torture; the independence and impartiality of the judiciary; jurors and assessors and the independence of lawyers; religious intolerance; the use of mercenaries; freedom of opinion and expression; racism, racial discrimination and xenophobia; the sale of children, child prostitution and child pornography; and the elimination of violence against women.

In addition, there exists a procedure, established by the Economic and Social Council in 1970 (the so-called 1503 Procedure), for dealing with communications relating to gross and attested violations of human rights. If considered admissable, communications are reviewed by a Working Group of the Sub-Commission on Prevention of Discrimination and Protection of Minorities, which decides whether to transfer the communication to the Working Group of the Commission on Human Rights. Communications remain confidential until such time as the Commission may decide to make recommendations to the Economic and Social Council.

Dialogue between States and United Nations bodies has led to concrete results, such as the suspension of executions, release of detainees and medical treatment for prisoners, as well as changes in the domestic legal system of States parties to human rights instruments.

UN human rights advisory services and technical assistance
The United Nations advisory services programme began in 1955 on a small scale, providing institution-building assistance and other services to Member States at their request. In 1987, the Secretary-General established the Voluntary Fund for Advisory Services and Technical Assistance in the field of Human Rights.

Over the last few years, the United Nations Centre for Human Rights and Electoral Assistance Division have received increasing numbers of requests for technical assistance, which is usually offered in the following areas:

* Reforming national laws: Incorporation of international human rights norms into national laws and constitutions is a key element in the protection of human rights. Assistance in drafting new constitutions and laws in line with human rights conventions has been provided to, inter alia, Bulgaria, Malawi and Mongolia.

* Supporting democratization and advising on electoral procedures: Since democratization has been a priority issue for advisory services, assistance has been provided to several nations on holding elections and setting up national human rights institutions. The Centre for Human Rights advised several countries, including Romania and Lesotho, on the legal and technical aspects of democratic elections.

* Assisting in the drafting of national laws and preparation of national reports: Regional and subregional training courses have been held in Africa, Latin America and Asia and the Pacific.

* Strengthening national and regional institutions: Assistance has been provided to institutions in various countries to strengthen human rights protection and promotion activities.

* Training criminal justice personnel--judges, lawyers, prosecutors and police: Training in the field of human rights includes seminars, courses, workshops, fellowships, scholarships, the provision of information and documentation.

Good offices of the Secretary-General
The Secretary-General can use his "good offices" confidentially to raise human rights concerns with Member States, including issues such as the release of prisoners and commutation of death sentences. Results of such communications are reported to the Security Council.

Although the idea of creating a post of High Commissioner for Human Rights dates back to the 1960s, the General Assembly established the post of High Commissioner only in December 1993.
The High Commissioner carries out the "good offices" function in the field of human rights on behalf of the Secretary-General and is therefore now the United Nations official with principal responsibility for human rights activities. He is responsible for promoting and protecting human rights for all and maintains a continuing dialogue with Member States. His functions may be summarized as follows:

• Crisis management
• Prevention and early warning
• Assistance to States in periods of transition
• Promotion of substantive rights
• Coordination and rationalization of the human rights programme
The Centre for Human Rights in Geneva, part of the United Nations Secretariat, in this connection implements the policies proposed by the High Commissioner.

For further information, please contact:
United Nations Centre for Human Rights
United Nations Office at Geneva
8-14 Avenue de la Paix
1211 Geneva 10, Switzerland
Tel.: 41 22 917 3924
Fax: 41 22 917 0213
New York Liaison Office (CHR)
Room S-2914
United Nations
New York, NY 10017
Tel.: (212) 963-5930
Fax: (212) 963-4097
Department of Public Information
Public Inquiries Unit
Room GA-57
United Nations
New York, NY 10017
Tel.: (212) 963-4475
Published by the United Nations Department of Public Information DPI/1774/HR--February 1996

Glossary of UN Acronyms and Terminology
This glossary contains descriptions of acronyms, bodies, procedures and terminology used in For the Record: Bringing Economic, Social and Cultural Rights Home.

GLOSSARY OF ACRONYMS

CAT Committee Against Torture
CEDAW Committee on the Elimination of Discrimination Against Women
CERD Committee on the Elimination of Racial Discrimination
CESCR Committee on Economic, Social and Cultural Rights
CHR Commission on Human Rights
CRC Committee on the Rights of the Child
CSD Commission for Social Development
CSW Commission on the Status of Women
DAW Division for the Advancement of Women (UN)
DDPA Durban Declaration and Programme of Action
ECOSOC Economic and Social Council
FAO Food and Agriculture Organization of the United Nations
GA General Assembly
HIV/AIDS human immunodeficiency virus/acquired immunodeficiency syndrome
HRC Human Rights Committee, also known as the Committee on Civil and Political Rights
ICCPR International Covenant on Civil and Political Rights
ICESCR International Covenant on Economic, Social and Cultural Rights
IE Independent Expert
IFI international financial institutions
ILO International Labour Organization
IMF International Monetary Fund
IOM International Organization for Migration
MDGs Millennium Development Goals
NGO non-governmental organization
NHRI national human rights institutions
OHCHR Office of the High Commissioner for Human Rights
PRSP poverty reduction strategy paper
SC Security Council
S-G Secretary-General
SR Special Rapporteur
SRep Special Representative
TRIPS Trade Related Aspects of Intellectual Property Rights (WTO)
UDHR Universal Declaration of Human Rights
UN United Nations
UNAIDS Joint United Nations Programme on HIV/AIDS
UNDP United Nations Development Programme
UNEP United Nations Environment Programme
UNESCO United Nations Educational, Scientific and Cultural Organization
UNFPA United Nations Population Fund
UNHCHR United Nations High Commissioner for Human Rights
UNICEF United Nations Children's Fund
UNIFEM United Nations Development Fund for Women
WG Working Group
WHO World Health Organization
WSSD World Summit on Sustainable Development
WTO World Trade Organization

GLOSSARY OF TERMINOLOGY
1503 Procedure: See Communications procedures.
Accession:An entrance to an open treaty by a state which did not sign it but is willing to comply with it. The procedure more or less combines signature and ratification in a single act. Also see Ratification.
Communications procedures: A procedure whereby groups or individuals may, under certain conditions, appeal to a treaty body committee or a UN commission concerning an alleged human rights violatioin, after all potential domestic remedies have failed. Such a complaint is referred to as "communication".
For example, the Optional Protocol to the Covenant on Civil and Political Rights provides for the establishment of a mechanism that allow individuals who live in a State party to the Protocol to submit a complaint to the Human Rights Committee (which monitors the application of the Covenant) when they believe their rights have been violated and they have exhausted all domestic remedies.
A similar mechanism exists whereby the Commission on Human Rights and the Sub-Commission can receive complaints concerning "a consistent pattern" of gross human rights violations. This is known as the "1503 Procedure", named for ECOSOC Resolution 1503 (1978) which established the procedure.Under the 1503 procedure, the deliberations of the Sub-Commission and of the Commission are all confidential. However, the Commission publicly announces the names of the countries which it is considering under 1503, as well as countries dropped from this list. Governments often go to great lengths to avoid being put on this "black list" of gross violators.
Concluding observations: A set of conclusions issued by UN treaty body committees after review of a country's report on its implementation of a covenant or a convention. These usually include critical comments and recommendations for future action by the country in question.
Convention: Also called covenant or treaty, a convention is an agreement whereby countries agree to bind themselves under international law to conform to the convention's provisions. The convention becomes legally binding once a country has ratified or acceded to it.
Core document or Land and People: To facilitate the reporting process for States parties to international human rights instruments, the treaty-bodies have prepared consolidated guidelines for the development of a "core document" or country profile. The document is also referred to as "Land and people", the title of the first section of the core document.
Declaration: In UN usage, a declaration is a statement recognizing a universally valid principle, or that expresses the agreement of signatories to given aims and objectives. Unlike a convention, a declaration is a statement of principle rather than an agreement by which countries bind themselves under international law. Though not legally binding, many declarations, such as the Universal Declaration of Human Rights, are considered to have an authoritative moral force.
International Bill of Human Rights: The term is used to refer to articles in the United Nations Charter which make reference to human rights, the Universal Declaration of Human Rights (UDHR), the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its Optional Protocols.
International instruments: a generic term which designating conventions, covenants, treaties, declarations, protocols, etc.
Optional Protocol (OP): An optional protocol to a treaty is a multilateral agreement that States parties can ratify or accede to, intended to further a specific purpose of the treaty or to assist in the implementation of its provisions. The principal OPs in force as of January 2003 were:
Optional Protocol to the International Covenant on Civil and Political Rights: Permits individuals who live in a State party to the Protocol to submit a complaint to the Human Rights Committee (which monitors the application of the Covenant) when they believe their rights have been violated and they have exhausted all domestic remedies
Second Optional Protocol to the International Covenant on Civil and Political Rights: Seeks the abolition of the death penalty
Optional Protocol to the International Convention on the Elimination of all Forms of Discrimination Against Women: Permits individuals who live in a State party to the Protocol to submit a complaint to the Committee on the Elimination of Discrimination Against Women (which monitors the application of the Convention) when they believe their rights have been violated and they have exhausted all domestic remedies
Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict
Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography.
In addition, the General Assembly adopted the Optional Protocol to the Convetion Against Torture during its 57th session, with the objective of establishing a system of routine visits to detention centres in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.
Ratification, accession and succession: These terms all indicate that a State has formally become a State party to a treaty. The primary difference in these three terms has to do with the way that the treaty has been approved. Ratification indicates that the treaty has been approved by a State's governing bodies. A State is not bound by a convention that it has signed but not ratified. Accession means simply that a State has agreed to be bound by the terms of the treaty. Succession means that a newly-formed State has agreed to inherit the treaty obligations of its predecessor. For example, when Czechoslovakia ceased to exist, its successor States, the Czech Republic and Slovakia, each succeeded to the human rights treaties that Czechoslovakia had ratified earlier.
Reservation: A reservation is a unilateral statement, however phrased or named, formally made by a State upon signing, ratifying or acceding to an agreement. A State makes a reservation when it intends to exclude or modify the legal effect of certain treaty provisions on that particular State. For example, a State may ratify a treaty but also say that it refuses to be bound by a specific provision in that treaty.
Resolution: A text adopted by a deliberative body of the UN (or an other international organization) by a majority of votes. The legal validity of resolutions adopted by UN bodies is subject to different interpretations.
State Party: A State party to a treaty is a State which has formally consented to be bound by the terms of the treaty.
Succession: See Ratification.
Treaty: an international agreement concluded between states in written form and governed by international law.
Vienna Declaration and Programme of Action (VDPA): These were the documents adopted by consensus at the World Conference on Human Rights, Vienna, June 1993.