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258
JAN LHOTSKÝ
CYIL 5 ȍ2014Ȏ
Treaty Body
Adoption
Treaty
Abbreviation
Entry into
Force
Number of
States Parties
6
Human Rights Committee
1966
ICCPR
1976
168
Committee on Economic, Social
and Cultural Rights
1966
ICESCR
1976
162
Committee on the Elimination
of Racial Discrimination
1965
ICERD
1969
177
Committee on the Elimination
of Discrimination Against
Women
1979
CEDAW 1981
188
Committee Against Torture
1984
CAT
1987
155
Committee on the Rights of the
Child
1989
CRC
1990
194
Committee on Migrant Workers
1990
CMW 2003
47
Committee on the Rights of
Persons with Disabilities
2006
CRPD
2008
147
Committee on Enforced
Disappearances
2006
CED
2010
42
2.2 Powers of Treaty Bodies
If we do not take into account the fact that some treaty bodies can pursue
inquiries and receive inter-state complaints, the fact that they have two main types of
authority has to be stressed.
First, they receive and review state reports. When a particular state ratifies one
of the treaties, it is obliged to elaborate and submit an initial report and, afterwards,
periodic reports (mostly every four years) on the human rights situation in relation
to the content of the particular treaty. The treaty body examines the report, discusses
important issues with the delegation of the state and finally issues ‘Concluding
Observations’, which is a set of recommendations for the state to implement within
the next period.
Second, the treaty bodies also have quasi-judicial powers. That means that states
parties can allow individuals to refer their case to be decided on the international
level by a treaty body. With regard to several treaties the states parties have to ratify
an optional protocol for this purpose; other treaties contain an option to trigger the
quasi-judicial authority by a simple declaration (opt-in). In this case, if an individual
feels that his or her human right has been violated, he or she can lodge an individual
Subcommittee on Prevention of Torture, which, however, differs from the other treaty bodies by its
preventive function.
6
Data valid in May 2014. The up-to-date number can be viewed at United Nations Treaty Collection,
available at:
https://treaties.un.org/pages/ParticipationStatus.aspx.