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Institutional Re-Engineering For Effective Human Rights Monitoring: Proposals For The Unfinished Business Under The "New" Human Rights Council

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Chapter Summary

This chapter explores the horizons for enhanced human rights protection under the &t;new&t; Human Rights Council (HRC) through its yet undefined &t;expert advice&t;, and submits institutional re-engineering proposals to this effect. The General Assembly (GA) resolution 251/60, which established the HRC, bears the scars of the typically controversial New York intergovernmental negotiating process. There are three major areas where the chapter identifies the highest potential of added protection value under the HRC as compared to the Commission on Human Rights (CHR): the universal periodic review (UPR); the new expert advice; and the review of human rights mechanisms to reform and rationalise them. The three areas should be viewed in a comprehensive, preventive and capacity-building oriented approach. An important advantage of the Committee of Experts (CoE) is that Member States can avoid negotiating the review of mandates on a case-by-case basis.

Keywords: commission on human rights (CHR); committee of experts (CoE); expert advice system; institutional re-engineering proposals; new human rights council (HRC); thematic protection mechanism; universal periodic review (UPR)



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