NAME
INSTITUTION NAME
NAME OF PROFESSOR
LITERATURE REVIEW ON HUMAN RIGHTS TREATY BODIES
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Human Rights treaty bodies in promoting access to justice and remedy
One source of law that is binding to all states that consent to it, pacta sunt servanda, is treaties
and conventions. Article 38 of the statute of International court of Justice, that provides for a
comprehensive list of the sources of international law has enlisted international covenants and
treaties. Human Rights treaties have played a key role in the protection of human rights and
ensuring that the all persons are treated with dignity. To further buttress the idea of protection of
human rights, international law has provided for jus Cogens provisions of law. Jus Cogens
provisions of law are those laws, rights and provisions that a country is bound to, whether or not
they subscribe to the treaty founding the same law. A country cannot derogate from jus Cogens
provisions and if violated, actions can be taken against the state.
Human Rights
Human Rights, according to the research conducted by Estevez (2012), is the measure of how
states treats their citizens. Referring to the work by Donnoley on human rights, Estevez is of the
opinion that there is an overlap in the views by nations and persons in matters justice. Human
Rights are erga onnes. This is to mean that they are inherent and all persons are born with them.
It also means that they are afforded to all persons without discrimination. To enforce such, they
are legislated to create an obligation to states and it's citizenry on the implementation.
Human Rights Treaty Bodies and promotion of access to justice
Grover (2012), in her work on human rights treaty bodies has defined human rights treaty bodies
as creatures established by provisions of human rights treaties to give effect to the provisions of
the treaty. Traditional mechanisms of human rights protection have proved to be ineffective.
Human Rights treaties creates obligations to state parties to ensure human rights are protected. In
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the implementation, various treaties require that the states write, periodically, on the state of
implementation of the treaty obligations and provisions. Human Rights treaty bodies are
established to review the implementation reports by the state parties to it. That notwithstanding.
the bodies are also conferred with jurisdiction, as in line with the provisions of the various
treaties, to entertain and adjudicate on complaints lodges by citizens of the member states to the
treaty on violations of human rights.
Human Rights treaty bodies sit to review periodical reports of states on the progress of the
implementation of the expectations set forth in the treaties. Michael (2006), has analyzed made a
research on the efficacy of the same. After states have written their reports to the human rights
treaty bodies, the bodies respond with recommendations, where necessary, on the necessary
implementation needed to ensure that human rights have been protected. The responses by the
state bodies give a framework to the state parties on the path