A/HRC/6/21
page 14
Ending the mandate of the CESCR and transferring functions to a new treaty body
19. Once the new treaty body is established, either by amendment to the Covenant or by the
adoption and entry into force of a new Protocol, a new ECOSOC resolution could delegate the
current functions of the CESCR to the new treaty body. For those States parties that have not
accepted the amendment or protocol creating the treaty body under the Covenant, the reporting
would continue to be submitted to ECOSOC, and ECOSOC would then forward it on to the new
treaty body for review and action. The same or a separate resolution of ECOSOC may abolish
the CESCR in its current form.
20. The provisions of the amendment or protocol should also provide for the replacement of
ECOSOC in Part IV of the Covenant with reference to the new committee, once all States parties
to the Covenant have accepted the amendment or protocol.
21. Given the proposals for a unified treaty body, a provision similar to article 27 of the
International Convention for the Protection of All Persons from Enforced Disappearance5 and
article 47, paragraph 3, of the Convention on the Rights of Persons with Disabilities6 may be
included in the amendment of the Covenant or the new protocol in order to facilitate a possible
further transfer of monitoring functions to another treaty body.
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5
Article 27 reads: A Conference of the States Parties will take place at the earliest four years
and at the latest six years following the entry into force of this Convention to evaluate the
functioning of the Committee and to decide, in accordance with the procedure described in
article 44, paragraph 2, whether it is appropriate to transfer to another body - without excluding
any possibility - the monitoring of this Convention, in accordance with the functions defined in
articles 28 to 36.
6
Article 47 (3) reads: If so decided by the Conference of State parties by consensus, an
amendment adopted and approved in accordance with paragraph 1 of this article which relates
exclusively to articles 34, 38, 39 and 40 shall enter into force for all States Parties on the thirtieth
day after the number of instruments of acceptance deposited reaches two thirds of the number of
States Parties at the date of adoption of the amendment.
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