The Process of Strengthening the Human Rights Treaty Body System: The Road towards Effectiveness or Inefficiency?

• Published in: Netherlands international law review 2019-12, Vol.66 (3), p.357-389
• Main Authors: Abashidze, Aslan, Koneva, Aleksandra
• Format: Article
• Language: English
• Subjects: Academic staff; Comparative Law; Human resources; Human rights; International & Foreign Law; Law; Law and Criminolgy; Private International Law; Public International Law; Stakeholders; Treaties
• ISSN: 0165-070X; 1741-6191
• DOI: 10.1007/s40802-019-00150-6

This article attempts to provide an overall assessment of the current process of strengthening the human rights treaty body system in the light of the implementation of UN General Assembly Resolution 68/268 of 9 April 2014. While demonstrating the positive developments achieved so far, the authors examine the current challenges of the strengthening process, namely the controversial effects of the solution to the system’s under-resourcing, and the unification tendencies that aggravate the existing deficiencies in the treaty bodies’ work and pose new problems for the system’s effectiveness. Through such an examination as well as an analysis of the positions and proposals of the key stakeholders of the system and academics on the functioning of the current and future treaty body system, the authors forecast the potential outcomes of the 2020 UN General Assembly comprehensive review of the progress achieved since the adoption of Resolution 68/268. The article points to the two possible options for the future of the system: (1) the smooth fine-tuning of the resolution with prioritization being given by the treaty bodies to their activities followed by adequate support in the form of financial and human resources, (2) substantial structural changes in the system’s work through the decisions of the meetings of the States parties on amending the treaties. While arguing for the first option, the authors conclude that there is a need for a proper assessment of the current state of affairs in all segments of the system with due regard being given to the views of all stakeholders before reaching any decision on the need for further changes to be introduced in its work.