Quick answer
The UN Human Rights Council is an intergovernmental body of 47 Member States elected by the General Assembly. It deals with human rights situations worldwide and conducts the Universal Periodic Review (UPR) of every State. The Human Rights Committee is a treaty body of 18 independent experts set up under Article 28 of the International Covenant on Civil and Political Rights (ICCPR). It monitors only that Covenant, issues General Comments and adopts "Views" on individual complaints. Neither is a world human rights court.
The law
The Council was created by General Assembly resolution 60/251 of 15 March 2006. It is based in Geneva, replaced the Commission on Human Rights, and is a subsidiary organ of the General Assembly. The Committee is created by the ICCPR itself (Article 28). Under Article 40(4), it studies State reports and sends its reports and "such general comments as it may consider appropriate" to States Parties. Under the First Optional Protocol, it receives complaints from individuals against States that have accepted that Protocol. India has been a party to the ICCPR since 10 April 1979, but it is not a party to the First Optional Protocol, so individuals cannot bring complaints against India before the Committee.
Council and Committee compared
| Point | Human Rights Council | Human Rights Committee |
|---|---|---|
| Legal basis | General Assembly resolution 60/251 (2006) | Article 28 ICCPR (treaty) |
| Members | 47 Member States, elected by secret ballot by a majority of General Assembly members | 18 independent experts serving in their personal capacity |
| Term | Three years; no immediate re-election after two consecutive terms | Four years, re-eligible if renominated (Article 32); elected by secret ballot (Article 29) |
| Scope | All human rights in all UN Member States | Only rights under the ICCPR, for States Parties |
| Main tools | Universal Periodic Review, special procedures, a complaint procedure, recommendations, response to human rights emergencies | Review of State reports, General Comments, Views on individual communications |
| Nature | Political and intergovernmental | Expert and quasi-judicial |
Essential points
- Council seats are shared by region: African States 13, Asian States 13, Eastern European States 6, Latin American and Caribbean States 8, and Western European and other States 7.
- The General Assembly may, by a two-thirds majority of members present and voting, suspend the rights of membership of a Council member that commits gross and systematic violations of human rights.
- The Committee's Views are not the decisions of a court. In General Comment No. 33 (2008), the Committee said they "exhibit some of the principal characteristics of a judicial decision" and represent an authoritative determination by the body set up under the Covenant to interpret it.
Example
Aadil reads a news report saying "the UN ruled against" a State's detention practices. Before repeating it, he checks which body acted. If 47 States voted on a text, the Human Rights Council acted. If 18 experts found a violation of the ICCPR on an individual's complaint, the Human Rights Committee adopted "Views". Neither is a judgment of a world human rights court.
For the wider UN and treaty framework, see Human Rights Law: Complete Notes.
Exam point
Council = 47 States, General Assembly resolution 60/251 (2006), UPR. Committee = 18 independent experts, Article 28 ICCPR, General Comments and Views.
Sources and further reading
- General Assembly resolution 60/251: Human Rights Council (A/RES/60/251)
- International Covenant on Civil and Political Rights (text), UN Treaty Collection
- Optional Protocol to the ICCPR: status of ratification, UN Treaty Collection
- Human Rights Committee, General Comment No. 33: Obligations of States parties under the Optional Protocol (CCPR/C/GC/33)
