Editing Human rights (section)

== Protection at the international level ==
{{Main|International human rights instruments}}

=== United Nations ===
{{main|United Nations}}

[[File:Unpicture.jpg|thumb|right|The UN General Assembly]]
The United Nations (UN) is the only multilateral governmental agency with universally accepted international [[jurisdiction]] for universal human rights legislation.{{sfnp|Ball|Gready|2007|p=92}} All UN organs have advisory roles to the [[United Nations Security Council]] and the [[United Nations Human Rights Council]], and there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to:

{{blockquote|text={{omission}} achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.|source=Article 1–3 of the [[Charter of the United Nations]]}}

=== Human Rights Council ===
{{main|United Nations Human Rights Council}}
The UN Human Rights Council, created in 2005, has a mandate to investigate alleged human rights violations.<ref>{{cite news |publisher=UN News Centre |url=http://www.un.org/apps/news/infocusRel.asp?infocusID=114&Body=human%20rights%20council&Body1= |title=Human Rights Council |access-date=14 May 2007 |archive-date=13 September 2018 |archive-url=https://web.archive.org/web/20180913181247/http://www.un.org/apps/news/infocusRel.asp?infocusID=114&Body=human%20rights%20council&Body1= |url-status=dead }}</ref> 47 of the 193 UN member states sit on the council, elected by simple majority in a secret ballot of the [[United Nations General Assembly]]. Members serve a maximum of six years and may have their membership suspended for gross human rights abuses. The council is based in [[Geneva]], and meets three times a year; with additional meetings to respond to urgent situations.{{sfnp|Ball|Gready|2007|p=95}} Independent experts (''rapporteurs'') are retained by the council to investigate alleged human rights abuses and to report to the council. The Human Rights Council may request that the Security Council refer cases to the [[International Criminal Court]] (ICC) even if the issue being referred is outside the normal jurisdiction of the ICC.{{efn|The Security Council referred the human rights situation in [[Darfur]] in Sudan to the ICC despite the fact that Sudan has a functioning legal system.}}

=== United Nations treaty bodies ===
{{main|Treaty body}}

{{anchor|Treaty bodies}}<!-- [[Human rights treaty bodies]] redirects here -->
In addition to the political bodies whose mandate flows from the UN charter, the UN has set up a number of ''treaty-based'' bodies, comprising committees of independent experts who monitor compliance with human rights standards and norms flowing from the core international human rights treaties. They are supported by and are created by the treaty that they monitor, With the exception of the CESCR, which was established under a resolution of the Economic and Social Council to carry out the monitoring functions originally assigned to that body under the Covenant, they are technically autonomous bodies, established by the treaties that they monitor and accountable to the state parties of those treaties – rather than subsidiary to the United Nations, though in practice they are closely intertwined with the United Nations system and are supported by the [[Office of the United Nations High Commissioner for Human Rights|UN High Commissioner for Human Rights]] (UNHCHR) and the UN Centre for Human Rights.{{sfnp|Shaw|2008|p=311}}
* The [[Human Rights Committee]] promotes participation with the standards of the [[International Covenant on Civil and Political Rights|ICCPR]]. The members of the committee express opinions on member countries and make judgments on individual complaints against countries which have ratified an Optional Protocol to the treaty. The judgments, termed "views", are not legally binding. The member of the committee meets around three times a year to hold sessions.<ref>{{Cite web|url=http://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIntro.aspx|title= Introduction of the Committee|website=OHCHR |access-date=6 October 2017|archive-date=7 March 2022|archive-url=https://web.archive.org/web/20220307032750/https://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIntro.aspx|url-status=live}}</ref>
* The [[Committee on Economic, Social and Cultural Rights]] monitors the [[International Covenant on Economic, Social and Cultural Rights|ICESCR]] and makes general comments on ratifying countries performance. It will have the power to receive complaints against the countries that opted into the Optional Protocol once it has come into force. Unlike the other treaty bodies, the economic committee is not an autonomous body responsible to the treaty parties, but directly responsible to the Economic and Social Council and ultimately to the General Assembly. This means that the Economic Committee faces particular difficulties at its disposal only relatively "weak" means of implementation in comparison to other treaty bodies.{{sfnp|Shaw|2008|p=309}} Particular difficulties noted by commentators include: perceived vagueness of the principles of the treaty, relative lack of legal texts and decisions, ambivalence of many states in addressing economic, social and cultural rights, comparatively few non-governmental organisations focused on the area and problems with obtaining relevant and precise information.{{sfnp|Shaw|2008|p=309}}<ref>{{cite book
 |editor-last= Alston
 |editor-first= Philip
 |title= The United Nations and human rights: a critical appraisal
 |year= 1992
 |publisher= Clarendon Press
 |location= Oxford
 |isbn= 978-0198254508
 |page= 474
}}</ref>
* The Committee on the Elimination of Racial Discrimination monitors the [[Convention on the Elimination of All Forms of Racial Discrimination|CERD]] and conducts regular reviews of countries' performance. It can make judgments on complaints against member states allowing it, but these are not legally binding. It issues warnings to attempt to prevent serious contraventions of the convention.
* The Committee on the Elimination of Discrimination against Women monitors the [[Convention on the Elimination of All Forms of Discrimination Against Women|CEDAW]]. It receives states' reports on their performance and comments on them, and can make judgments on complaints against countries which have opted into the 1999 Optional Protocol.
* The Committee Against Torture monitors the [[United Nations Convention Against Torture|CAT]] and receives states' reports on their performance every four years and comments on them. Its subcommittee may visit and inspect countries which have opted into the Optional Protocol.
* The [[Committee on the Rights of the Child]] monitors the [[Convention on the Rights of the Child|CRC]] and makes comments on reports submitted by states every five years. It does not have the power to receive complaints.
* The Committee on Migrant Workers was established in 2004 and monitors the [[United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families|ICRMW]] and makes comments on reports submitted by states every five years. It will have the power to receive complaints of specific violations only once ten member states allow it.
* The [[Committee on the Rights of Persons with Disabilities]] was established in 2008 to monitor the [[Convention on the Rights of Persons with Disabilities]]. It has the power to receive complaints against the countries which have opted into the [[Optional Protocol to the Convention on the Rights of Persons with Disabilities]].
* The Committee on Enforced Disappearances monitors the [[International Convention for the Protection of All Persons from Enforced Disappearance|ICPPED]]. All States parties are obliged to submit reports to the committee on how the rights are being implemented. The Committee examines each report and addresses its concerns and recommendations to the State party in the form of "concluding observations".

Each treaty body receives secretariat support from the Human Rights Council and Treaties Division of Office of the High Commissioner on Human Rights (OHCHR) in Geneva except CEDAW, which is supported by the Division for the Advancement of Women (DAW). CEDAW formerly held all its sessions at United Nations headquarters in New York but now frequently meets at the United Nations Office in Geneva; the other treaty bodies meet in Geneva. The Human Rights Committee usually holds its March session in New York City. The human rights enshrined in the UDHR, the Geneva Conventions and the various enforced treaties of the United Nations are enforceable in law. In practice, many rights are very difficult to legally enforce due to the absence of consensus on the application of certain rights, the lack of relevant national legislation or of bodies empowered to take legal action to enforce them.

=== International courts ===
[[File:International Criminal Court logo.svg|thumb|The official logo of the ICC]]
There exist a number of internationally recognized organisations with worldwide mandate or [[jurisdiction]] over certain aspects of human rights:
* The [[International Court of Justice]] (ICJ) is the United Nations' primary judiciary body.<ref>{{Cite web|url=https://www.icj-cij.org/|title=Cour internationale de Justice – International Court of Justice &#124; International Court of Justice|website=icj-cij.org|access-date=27 August 2019|archive-date=2 July 2019|archive-url=https://web.archive.org/web/20190702121854/https://www.icj-cij.org/|url-status=live}}</ref> It has worldwide [[Jurisdiction of the International Court of Justice|jurisdiction]]. It is directed by the [[International Court of Justice#The ICJ and the Security Council|Security Council]]. The ICJ settles disputes between nations. The ICJ does not have jurisdiction over individuals.
* The [[International Criminal Court]] (ICC) is the body responsible for investigating and punishing [[war crimes]], and [[crimes against humanity]] when such occur within its jurisdiction, with a mandate to bring to justice perpetrators of such crimes that occurred after its creation in 2002. A number of UN members have not joined the court and the ICC does not have jurisdiction over their citizens, and others have signed but not yet ratified the [[Rome Statute of the International Criminal Court|Rome Statute]], which established the court.<ref name=untreaty>United Nations. ''Multilateral treaties deposited with the Secretary-General: [http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXVIII/treaty11.asp Rome Statute of the International Criminal Court] {{Webarchive|url=https://web.archive.org/web/20080509190308/http://untreaty.un.org/ENGLISH/bible/englishinternetbible/partI/chapterXVIII/treaty11.asp |date=9 May 2008 }}''. Retrieved 8 June 2007.</ref>

The ICC and other international courts (see [[#Regional human rights regimes|Regional human rights below]]) exist to take action where the national legal system of a state is unable to try the case itself. If national law is able to safeguard human rights and punish those who breach human rights legislation, it has primary jurisdiction by complementarity. Only when all ''local remedies'' have been exhausted does international law take effect.<ref>{{cite web|title=The Resource Part II: The International Human Rights System|url=http://www.un.org/esa/socdev/enable/comp201.htm#1.1|publisher=United Nations|access-date=31 December 2007|archive-date=21 January 2008|archive-url=https://web.archive.org/web/20080121045919/http://www.un.org/esa/socdev/enable/comp201.htm#1.1|url-status=live}}</ref>