A/HRC/14/34
B.
Developments in the work of the human rights treaty bodies
15.
The human rights treaty bodies continue to address the human rights aspects of the
administration of justice in their consideration of the periodic reports of States parties, in
individual communications procedures, and in their general comments and
recommendations. In 2007 the Human Rights Committee adopted a general comment on
article 14 of the International Covenant on Civil and Political Rights which sets out in detail
the Committee’s views on the right to equality before courts and tribunals and to a fair
trial.15 The Committee has more recently addressed the obligations of States parties under
the Optional Protocol to the Covenant,16 including the nature of interim or provisional
measures granted by the Committee when an action taken or threatened by the State party
would appear likely to cause irreparable harm to the author or the victim of the alleged
violation.
16.
In its general comment No. 20 on non-discrimination in economic, social and
cultural rights,17 the Committee on Economic, Social and Cultural Rights emphasized the
desirability of States parties providing training to judges and candidates for judicial
appointment on the principle of non-discrimination as a means of fulfilling obligations
under article 2 of the International Covenant on Economic, Social and Cultural Rights. In
its general comment No. 19 on the right to social security,18 the Committee indicated its
view that any persons or groups who have experienced violations of their right to social
security should have access to effective judicial or other appropriate remedies at both
national and international levels, and that judges, adjudicators and members of the legal
profession should be encouraged by States parties to pay greater attention to violations of
the right to social security in the exercise of their functions.
17.
The Committee on the Rights of the Child adopted its general comment No. 12 on
the right of the child to be heard in 2009,19 in which it addressed, inter alia, the
implementation of article 12 (2) of the Convention, which specifies that children must be
provided the opportunity to be heard in any judicial and administrative proceedings
affecting the child. In the general comment, the Committee emphasized a number of points,
including the importance of providing an environment in which the child can be heard
effectively and not be intimidated (for example, through the use of overly formal court
proceedings), and the Committee’s recommendation that wherever possible, the child be
given the opportunity to be directly heard in any proceedings rather than through a
representative.
18.
A general recommendation on women migrant workers adopted by the Committee
on the Elimination of Discrimination against Women in 2008 addresses a number of human
rights challenges faced by this group in the administration of justice, including vulnerability
in detention,20 and access to justice.21
19.
In its views on individual communications under the first Optional Protocol to the
Covenant, the Human Rights Committee has continued to address the functioning of justice
15
16
17
18
19
20
21
GE.10-13137
General comment No. 32 on the right to equality before courts and tribunals and to a fair trial
(CCPR/C/GC/32).
General comment No. 33 on the obligations of States parties under the Optional Protocol to the
International Covenant on Civil and Political Rights, CCPR/C/GC/33.
General comment No. 20 on non-discrimination in economic, social and cultural rights (art. 2, para.
2), E/C.12/GC/20.
E/C.12/GC/19, adopted on 23 November 2007.
CRC/C/GC/12.
CEDAW/C/2009/WP.1/R, paras. 19, 22 and 26 (j).
CEDAW/C/2009/WP.1/R , paras. 21 and 26 (l).
7
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