Special Procedures: A Comprehensive Guide to International Human Rights Law

Introduction

In today's interconnected world, human rights are more important than ever. With the rise of globalization and the increasing interconnectedness of people and societies, the need for a strong and effective international human rights system is more urgent than ever.

Special procedures are one of the most important tools in the international human rights system. They are independent, impartial, and non-political mechanisms established by the United Nations Human Rights Council to investigate and report on human rights violations around the world.

This book provides a comprehensive guide to special procedures, their history, mandate, and functioning. It also discusses the challenges and opportunities facing special procedures in the 21st century.

History of Special Procedures

The first special procedure was established in 1980 by the United Nations Commission on Human Rights. This was the Working Group on Enforced or Involuntary Disappearances, which was created to investigate and report on cases of enforced disappearances around the world.

Since then, the number of special procedures has grown to over 50. These procedures cover a wide range of human rights issues, including torture, arbitrary detention, freedom of expression, and the rights of women, children, and indigenous peoples.

Mandate and Functioning of Special Procedures

Special procedures are established by the United Nations Human Rights Council for a specific purpose and for a limited period of time. They are typically composed of five independent experts who are appointed by the Human Rights Council.

The mandate of a special procedure is to investigate and report on human rights violations within its specific area of expertise. Special procedures can receive complaints from individuals, groups, or organizations, and they can also conduct their own investigations.

Special procedures have a variety of tools at their disposal to carry out their mandate. These include:

• Country visits: Special procedures can visit countries to investigate human rights violations and meet with government officials, civil society organizations, and victims of human rights abuses.
• Thematic reports: Special procedures can produce thematic reports on specific human rights issues. These reports can be used to raise awareness of human rights violations and to make recommendations to governments and other stakeholders.
• Urgent appeals: Special procedures can issue urgent appeals to governments to take action to prevent or stop human rights violations.
• Public statements: Special procedures can make public statements to condemn human rights violations and to call for action to address them.

Challenges and Opportunities Facing Special Procedures

Special procedures face a number of challenges in carrying out their mandate. These challenges include:

• Lack of cooperation from governments: Some governments are reluctant to cooperate with special procedures, and they may refuse to allow them to visit their country or to provide them with information.
• Lack of resources: Special procedures are often underfunded, and they may not have the resources they need to carry out their mandate effectively.
• Political pressure: Special procedures can be subject to political pressure from governments and other stakeholders, which can make it difficult for them to carry out their work independently and impartially.

Despite these challenges, special procedures remain an essential tool in the international human rights system. They provide a voice for victims of human rights abuses and they help to hold governments accountable for their human rights obligations.

Conclusion

Special procedures are a vital part of the international human rights system. They provide a unique and independent mechanism for investigating and reporting on human rights violations around the world. Despite the challenges they face, special procedures continue to make a significant contribution to the promotion and protection of human rights.

This book provides a comprehensive guide to special procedures, their history, mandate, and functioning. It also discusses the challenges and opportunities facing special procedures in the 21st century. This book is an essential resource for anyone interested in human rights and the international human rights system.