A/HRC/15/40
at least seven thematic mechanisms of the Council (summary, arbitrary and
extrajudicial executions; arbitrary detention; disappearances; freedom of expression;
independence of the judiciary; religious intolerance; terrorism). Similarly in relation
to the role of the Committee on Economic, Social and Cultural Rights, there are at
least seven thematic mechanisms that address rights contained in the International
Covenant on Economic, Social and Cultural Rights (education, health, housing,
extreme poverty, water, cultural rights, toxic waste). In the case of the Committee on
the Elimination of Discrimination against Women there is overlap with the Special
Rapporteur on violence against women, and some overlap with the Special
Rapporteur on trafficking in persons, especially in women and children. The work of
the Special Rapporteur on the question of torture has effectively complemented that
of the Committee against Torture. It seems likely that a similar complementarity
would develop in relation to the work of the Committee on the Elimination of
Discrimination against Women (and other treaty bodies) if a mechanism on
discriminatory laws were established.
59.
The added value of special thematic procedures that monitor rights contained
in the human rights covenants and conventions underlines the fact that the treaty
bodies have many priorities and are not well-placed to provide sustained follow-up to
each of the specific rights that fall within their mandates. The establishment of a
thematic procedure can add to the effectiveness of the work of a treaty body by
building on and following up its findings and recommendations. In addition, some
thematic special procedures cover issues that may be covered by a number of treaty
bodies and a mechanism on discriminatory laws could perform a similar function.
60.
Any new mechanism should be flexible and able to perform a range of
functions. Its guiding principle should be to catalyse efforts, especially at national
level, to ensure that discriminatory laws are identified and modified or repealed. In
order for such a mechanism to function effectively, it would need to be able to gather,
request, receive and exchange information from all relevant sources, including
governments, intergovernmental and non-governmental organizations, national
human rights institutions and others; identify and make concrete recommendations
on amending or repealing laws that discriminate against women; facilitate the
provision of technical assistance; and identify, disseminate and promote best practices
or models for eliminating discriminatory law and practices.
61.
Any new mechanism should work in close cooperation with other special
procedures and subsidiary organs of the Human Rights Council, relevant United
Nations bodies, the treaty bodies and regional human rights mechanisms. Such a
mechanism would also have a consolidating function, drawing and building upon
findings by the Committee on the Elimination of Discrimination against Women and
other treaty bodies in reviewing State reports, recommendations or undertakings
made under the UPR, or other reliable information about discriminatory legislation.
It should meet regularly with the Committee, other relevant treaty bodies, and
international or regional bodies dealing with issues of discriminatory laws and
practices, as well as report on its work both to the Human Rights Council, and to the
Commission on the Status of Women.
62.
Given the nature of the theme, such a mechanism would also have to build on
existing cooperation between the United Nations and the Inter-Parliamentary Union,
in order to encourage the adoption or strengthening of procedures for preventing the
enactment of laws that are discriminatory; for repealing existing discriminatory laws;
and for monitoring the implementation of laws to assess their impact on women.
Similarly, such a mechanism would need to work in close interaction with law reform
bodies, in particular through international associations of such bodies, to explore ways
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