JOURNAL ARTICLE
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An International Law Perspective on the Challenges Confronting the Human Rights Council
Freedman, Rosa | Gordon, Samuel
German Yearbook of International Law, Vol. 62 (2019), Iss. 1 : pp. 11–42
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Professor Rosa Freedman (Ph.D, LL.M, LL.B) School of Law, University of Reading.
Samuel Gordon (MSc, BSc) Research Assistant at the University of Reading and Consultant at the United Nations.
Abstract
The United Nations (UN) Human Rights Council (HRC) is the principal UN human rights body, and arguably the lynchpin of the UN human rights machinery. It brings together States, independent experts, UN staff and civil society actors, and reports to the full UN membership as a subsidiary body of the General Assembly. Its mandate and work is broad, with the body combining highly political elements, significant reliance on expertise, and in situ human rights investigations. In the 13 years since its establishment, the HRC has received significant attention from scholars, observers, civil society, and the wider public. There have been many significant successes and other highly visible failures in relation to the Council's mandate to promote, protect, and develop human rights. Since its establishment, the body has been a battleground over which the UN has to overcome inherent structural and ideological flaws in the pursuit of making the idealist human rights vision a reality. This article will provide an account of the Council's creation, key elements, work, and some of the largest challenges including primacy of State sovereignty, politicisation of the Council, and some highly politicised country-specific situations.
Table of Contents
| Section Title | Page | Action | Price |
|---|---|---|---|
| Rosa Freedman and Samuel Gordon\nAn International Law Perspective on the Challenges Confronting the Human Rights Council | 11 | ||
| I. Introduction | 11 | ||
| II. From Commission to Council | 13 | ||
| III. Council Mechanisms | 19 | ||
| A. Universal Periodic Review | 19 | ||
| B. Special Sessions | 11 | ||
| C. Special Procedures | 11 | ||
| IV. Civil Society Participation | 12 | ||
| V. Politicisation in HRC Sessions | 12 | ||
| A. Country-Specific Situations | 12 | ||
| B. Israel and Agenda Item Seven | 12 | ||
| C. China and the 40th Session of the Human Rights Council | 13 | ||
| VI. Concluding Observations | 13 |