The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves. The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.
Every United Nations member state is part of the human rights treaty system through the ratification of at least one of the six major human rights treaties, rendering universal participation a reality. For human rights victims, the treaty system is of central importance because international legal standards may offer benefits which political fora may not: the potential to generate remedies, attention, accessiblity. At the same time, the implementation mechanisms associated with the human rights treaties were designed at a time when the argument that international interest in human rights was an interference in domestic jurisdiction was at its peak. The challenge for the 21st Century is to move the theory of universality of international human rights standards towards effective implementation of human rights obligations. This book is a major contribution to the effort to focus attention on effective implementation of the human rights treaties. The contributors examine the major implementation shortfalls of the UN human rights treaty system, and offer concrete recommendations as to where future implementations efforts should be placed. The contributors are in a unique position to formulate and share their insights. They are drawn from among all of the constituencies involved in the human rights treaty system: the treaty bodies themselves, the NGO community, the UN secretariat, regional human rights regimes, UN agencies, UN human rights actors from the Human Rights Commission, the judiciary and academia. The book also includes, as a unique resource, all of the major documents concerning the UN human rights treaty system: the text of the treaties, the text of all amendments, statistics on individual communications to the treaty bodies, the text of all meetings of the chairpersons of the treaty bodies, reports and commentaries submitted to the UN Human Rights Commission, recent resolutions of the Human Rights Commission and the General Assembly on the human rights treaties, reform proposals by the International Law Association, regional human rights instruments. In the words of Philip Alston, the author of the UN report on enhancing the long-term effectiveness of the UN human rights treaty system, Professor Bayefsky's work `...has been more systematic and comprehensive, and has continued over a longer period of time, than any other comparable sholarly work on the subject.' (March 2000) In this volume Professor Bayefsky has collected the views of a range of authors immersed in the contribution and welfare of the UN human rights treaty system in the 21st century. It is necessary text for all those interested in the future of the international protection of human rights.
Rana Siu Inboden examines China's role in the international human rights regime between 1982 and 2017 and, through this lens, explores China's rising position in the world. Focusing on three major case studies – the drafting and adoption of the Convention against Torture and the Optional Protocol to the Convention against Torture, the establishment of the UN Human Rights Council, and the International Labour Organization's Conference Committee on the Application of Standards – Inboden shows China's subtle yet persistent efforts to constrain the international human rights regime. Based on a range of documentary and archival research, as well as extensive interview data, Inboden provides fresh insights into the motivations and influences driving China's conduct and explores China's rising position as a global power.
This text assesses the suitability of the UN Convention against torture and other cruel, inhuman or degrading treatment or punishment (hereinafter referred to as the Torture Convention) as a means of protecting and enforcing the right to be free from torture. Evaluation of the Convention's ability to attain these ends is undertaken through a critical commentary on its substantive and enforcement provisions and on other human rights instruments.