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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.