NHRI Engagement with UN Human Rights Treaty Bodies: A Goal-based Approach

Abstract

UN Human Rights Treaty Bodies (TBs) are a central pillar of the international human rights system, essential in their independent, quasi-judicial monitoring of State Parties’ respect for and implementation of ratified UN human rights treaties. National Human Rights Institutions (NHRIs) function in a similarly independent and quasi-judicial manner and are today recognised as crucial components of a functioning National Human Rights System. The 2020 UN Human Rights TB Review presents an opportunity to analyse current challenges inherent to the domestic institutionalisation processes specific to NHRI engagement, considers variances amongst different TB procedures and develops innovative proposals and solutions. Although exploring the effectiveness of TB–NHRI engagement presents inherent difficulties, this article proposes such evaluation against the backdrop of a goal-based approach to organisational effectiveness. This approach may facilitate the development of a framework for understanding the relations between TBs and key stakeholders, such as NHRIs. In other words, by identifying the key generic goals of these two quasi-judicial bodies – monitoring norm-compliance, regime support, and legitimisation – this paper attempts to systematise the interaction between NHRIs and two specific TBs, the Committee on the Elimination of Discrimination Against Women (CEDAW) and Committee on the Rights of Persons with Disabilities (CRPD), in view of a possible harmonisation of procedures following the 2020 Review process.