A/HRC/30/44
There is an emerging customary international law of human rights reflecting a
consensus that human rights provisions in international agreements, including International
Labour Organization (ILO) and World Health Organization (WHO) Conventions,
constitute an internationally binding legal regime with erga omnes implications. The
Independent Expert invites United Nations expert committees, as well as regional human
rights courts to reaffirm the precedence of human rights over other treaties. He also invites
the General Assembly and United Nations specialized agencies like ILO and WHO to refer
pertinent legal questions to the International Court of Justice for advisory opinions. He also
invites the Human Rights Council through the universal periodic review and all Special
Procedures pursuant to their mandates to review the conformity of these treaties with
human rights norms.
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