Guide to International Human Rights Mechanisms - Brookings

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with authorities and other parties on this issue.
International Mechanisms | UN Bodies
evaluation This is a relatively new mandate (established in 2002) but the Special Rapporteur has
already intervened in cases involving the health ramifications of development-induced displacement
in India and of attacks and harsh living conditions in IDP camps in Darfur, Sudan. 27 There are few
other mechanisms that can respond to individual complaints in the area of health. IDPs should
therefore strongly consider seeking the Special Rapporteur’s assistance in situations including
governmental neglect of their pressing health needs, unsound temporary housing arrangements
that threaten their well-being, and blockage of humanitarian medical assistance.
competence The Special Rapporteur is empowered to address the right to health as provided in
article 25 (1) of the Universal Declaration of Human Rights (UDHR), article 12 of the International
Covenant on Economic, Social and Cultural Rights (CESCR), article 24 of the Convention on the
Rights of the Child (CRC) and article 12 of the Convention on the Elimination of All Forms
of Discrimination against Women (CEDAW), as well as on the right to non-discrimination as
reflected in article 5 (e) (iv) of the International Convention on the Elimination of All Forms of
Racial Discrimination (CERD). All states have ratified at least one of the above treaties, and nearly
all states have recognized the moral authority of the UDHR. Accordingly, the Special Rapporteur
may effectively intervene with any UN member state.
Who may submit communications Anyone may submit communications to the Special
Rapporteur.
exhaustion of Domestic remedies The Special Rapporteur does not require a showing of
exhaustion of local remedies.
Duplication of Procedures The Special Rapporteur seeks to avoid duplication of activities with healthfocused
agencies and organizations such as the World Health Organization, but duplication with other
human rights mechanisms is not excluded. Where appropriate, allegations encompassing more than one
mandate of the Human Rights Council may be addressed jointly with different mechanisms.
Time issues The Special Rapporteur will issue urgent appeals on an expedited basis for situations
of imminent and high danger to health.
language and format Communications must be in writing and may be in any of the official UN
languages: Arabic, Chinese, English, French, Russian or Spanish. There is no required format and
no specific questionnaire for using the mandate, but at a minimum, information provided must
include the name of the person whose rights have been infringed, identification of the perpetrators,
identification of the person submitting the communication, the date and place of the incident
described, and a detailed description of the circumstances.
Procedure When a communication is received with adequate information, the Special Rapporteur
will forward it to the government with a request for its response and, in the case of urgent appeals,
immediate action to forestall the impending health risk.
Guide to International Human Rights Mechanisms
for Internally Displaced Persons and their Advocates
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