ABSTRACT

This chapter examines the variety of compliance-monitoring procedures, enforcement mechanisms, and remedies in international human rights law. From the first session of the General Assembly member states invoked the human rights clauses of the UN Charter, especially those concerning self-determination and non-discrimination. Global and regional agreements have thus mandated the formation of independent monitoring bodies and increasingly granted them investigatory functions and jurisdiction to hear complaints brought by non-state actors. The supervisory organs of all the major human rights bodies issue General Comments or ‘General Recommendations’. Many human rights treaties provide for inter-state complaints whenever one state alleges that another is acting in breach of the relevant treaty. In addition to the urgent action procedures, which can be general in nature, nearly all human rights bodies have developed a system of precautionary or provisional measures to request states to take action to avoid an imminent threat of serious and irreparable injury to individuals or groups.