UN Human Rights Council and Justice for Human Rights Abuses

This report provides a critical discussion on the statement that further changes are required to ensure justice for human rights abuses, referencing the UN Human Rights Council's recent jurisprudence. It examines the roles of the UN Human Rights Council (UNHRC) and the UN Human Rights Committee in protecting human rights, defining human rights, and outlining governmental obligations. The report explores human rights situations in various countries, including Libya, South Africa, Australia, China, Malaysia, Bangladesh, and India, highlighting specific abuses such as violence against women, discrimination, and restrictions on freedom. It assesses the extent of human rights violations, the failures of governments to address these issues, and the recommendations made by the UNHRC for improvement. The report emphasizes the need for changes in the current system to ensure justice and highlights specific instances of abuse, such as those related to women, children, and marginalized groups, while also considering the efforts made by governments to address these problems.

Law Human Rights

TABLE OF CONTENTS
In spite of institutional changes, that introduced the UN Human Rights Council recent
jurisprudence of the UN Human Rights Committee recommends the view that further changes
are required to ensure justice for human rights abuses.’ Critically discussing this statement.....1
REFERENCES..............................................................................................................................11

In spite of institutional changes, that introduced the UN Human Rights Council recent
jurisprudence of the UN Human Rights Committee recommends the view that further changes
are required to ensure justice for human rights abuses.’ Critically discussing this statement
UN human rights committee refers to the team of 18 experts which is accountable for
overseeing the execution of particular treaty. Further, United Nation’s Human Right Committee
(UNHRC) may be served as a inter-governmental body that is involved in the activities
pertaining to the promotion and protection of human rights. In this, report will provide deeper
insight about the extent to which changes need to introduce in laws pertaining to human rights
for ensuring protection in against to human right abuse in the context of United Nations. Further,
report also shed light on the role of UNHC and UB Human rights committee in restricting
undesirable practices related to the tort of human law.
Human Rights imply for the one that all the individuals possess regardless of race, sex,
nationality, language, ethnicity, religion and other status. In other words, it can be depicted that
individuals have right to life and liberty, freedom from slavery and torture, expression &
opinion, education etc1. All the individuals have right to enjoy all the rights without any
discriminatory practice. International human rights law exhibits governmental obligations in
relation to perform activities in a certain way that directly makes contribution in the promotion
as well as protection of human rights and fundamental freedom2. UN has described or presented
wide range of internationally accepted rights with respect to civil, cultural, economic, political
and social rights. Gradually, UN has expanded human rights law and placed more emphasis on
the protection of women, children, person with disabilities, minorities and other vulnerable
group.
1 Addo, M. ed., 2017. International law of human rights. Routledge.
2 Human Rights. 2018. [Online]. Available through: <http://www.un.org/en/sections/issues-
depth/human-rights/>.

Human Right Act (1988) presents fundamental rights and freedoms that offer protection
to UK individuals from undesirable activities. In UK, Human Rights Act (1988) came into effect
from October 2000 which in turn has three effects. Further, such Act incorporates rights which
are setting out in the European Convention on Human Rights (ECHR) into British law. It
empowers individuals and offers right to sue in British court on the breach of their human right.
Along with this, HRA compels public organizations such as government, police and public
council to treat everyone fairly3. On the basis of such aspect, public organizations are not
allowed to discriminate individuals. From assessment, it has identified that every individual
resides in UK can undertake Human Rights Act. Hence, such Act may be used by each person
residing in UK irrespective whether they are British citizen or not.
The United Nations Human Rights Council may be presented as UN system inter-
governmental body which is responsible for both promotion as well as protection of human
rights around the world. UNHRC deals with human right related situations take place in the
member states of all United Nations. Further, such council also addresses high right issues or
problems pertaining to freedom of association, assembly, expression, belief & religion, women
rights, racial and ethnic minorities4. Besides this, UNHRC also plays a vital role in giving
recommendations to UN member states where human rights are violated. It also gets thematic
and country specific reports through independent expert mechanisms which in turn contribute in
human right protection.
In 2006, UNHRC was established by passing a resolution in UN general assembly. Such
council or committee deals with emergency situation where human rights being violated. In
addition to this, UNHRC is accountable to review the situations for human rights in all UN
member states through the means of Universal periodic Review (UPR)5. For the purpose of
3 Freeman, M., 2017. Human rights. John Wiley & Sons.
4 Human Rights Council. 2018. [Online]. Available through: < https://www.hrw.org/topic/united-
nations/human-rights-council>.
5 Forsythe, D. P., 2017. Human rights in international relations. Cambridge University Press.

protecting human rights every year review of 48 countries are made. Considering this, it can be
depicted that in every four years each state is reviewed. UNHRC also provides high level of
support or assistance in improving the situations for human rights pertaining to different
countries.
The United Nations Human Rights committee implies for the body of 18 experts
pertaining to UN. Hence, Human Right Committee (HRC) refers to the body of independent
experts which are involved in monitoring activities. In other words, it can be depicted that HRC
monitors international covenant on civil as well as political rights implemented by its state
parties6. As per laws, all the state parties are obliged to submit their regular reports to the
concerned committee with respect to manner in which rights are being executed. Hence, by
making evaluation of such report HRC gives recommendation to state party in a concluding
observation pattern. According to the article 41 of Covenant, HRC is obliged to consider inter-
state complaints. From evaluation, it has found that first optional protocol enables committee to
do proper or effectual examination of individual complaints in relation to the violation of
Covenant by state parties.
Promotion and protection through the means of Human Right mechanism
From the evaluation of article, it has assessed that primarily Commission on Human
Rights recognized as principal body that responsible for their protection. In the 1950 and early
1960’s, human right treaties were adopted by UN in relation to trafficking and prostitution,
minimum age for marriage etc. From assessment of UN state Libya, it has identified that
individuals reside there are facing issues in relation to human right. In Libya, human right
conditions have regressed sharply to a great extent. Over the past years, armed groups attacked
on civilian and their property which in turn considered as violation. Along with this, in Libya
unlawful acts in relation to detention, torture, forced displacement etc were increased
significantly. Out of such assessed violations, most of are highly organized and widespread in
relation to the crimes that in oppose of humanity. Hence, in against to identified violations and
6 Human Rights Committee. 2018. [Online]. Available through: <
http://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIndex.aspx>.

other human right issues or abuses high level of accountability is required. Further, Libyan
authorities have failed to identify individuals responsible for grave violations7. Due to the
occurrence of armed conflict in the country humanitarian crisis was occurred in Libya.
Meanwhile, 400000 people were internally displaced and due to such crisis disruption of basic
services also rose. This situation presents wide-spread breakdown in law that is not good.
Considering the gravity and urgency of situation Human Right Council need to gives
recommendations for avoiding such king of human rights violation.
In addition to this, South Africa is another main part of United Nations where situation of
human rights violation occurred. Moreover, in South Africa, confidence level of public has
eroded from government in relation to tackling situations associated with human rights violation,
corruption etc. From assessment, it can be presented that government has failed to offer basic
education facilities to children with disabilities approximately to half million children. In
addition to this, violence in against to women has also increased in South Africa significantly.
Underreporting pertaining to rape has also identified in South Africa which in turn exhibits high
level of human rights violence8. However, on the critical note, Smith (2018) stated in their study,
considering the crime statistics presented by police, sexual offences decreased by 3%. This in
turn shows that human rights issues related to women have addressed9. On the other side, Wright
(2017) mentioned in their study that currently, South Africa is facing high level of issues or
challenges regarding human rights. Moreover, violence activities in against to women such as
rape and domestic aggression or cruelty remained underreported10. The rationale behind this,
government authority failed to introduce national strategy in relation to combat violence takes
7 UN Human Rights Council: the human rights situation in Libya. 2018.[Online]. Available
through: < https://www.hrw.org/news/2015/09/29/un-human-rights-council-human-rights-
situation-libya>.
8 South Africa events of 2016. 2018. [Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/southafrica>.
9 Smith, R., 2018. International Human Rights Law. Oxford University Press.
10 Wright, J., 2017. Tort law and human rights. Bloomsbury Publishing.

place against women. Hence, by taking into account such aspect it can be depicted that views of
UN Human Rights Council are highly appropriate that changes required in the current system for
ensuring justice with regard to abuses take place with women.
Along with this, world report of Australia, one of the main parts of UN, shows that level
of human right abuses with disabled women are higher over others11. Report clearly entails that
women with disabilities are facing more issues regarding sexual abuse over general population of
such category. Further, it has asserted from evaluation that issues related to child rights also exist
Australia12. In Australia, individuals of same sex are not allowed to marry with each other which
in turn also give indication about the violation of human rights. All such aspects support the view
of UNHRC related to making changes in the current rules or arrangements.
Reports presented by World Bank in relation to China presents that freedom of
individuals has restricted through censorship. Further, restriction on religious practices by
government authorities has also found. In China, government authority exerts high control over
religious personnel appointments, publications, finances etc. China has not made any
arrangements in relation to protecting people from sexual orientation and gender identity. Legal
recognition to same sex marriage has also not provided in China13. Along with this, women in
China are facing more issues due to the discriminatory activities take place in field of higher
education and employment. Other abuses such as domestic violence and sexual harassment also
increased in China over the time period. In response to such abuses, responses of government are
found to be inadequate irrespective of its commitment towards gender equality. With the motive
11 Miller, J. M., 2016. The Influence of Human Rights and Basic Rights in Private Law in the
United States. In The Influence of Human Rights and Basic Rights in Private Law (pp. 577-593).
Springer, Cham.
12 Wright, J., 2017. Tort law and human rights. Bloomsbury Publishing.
13 China events of 2016. 2018. [Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/china-and-tibet>.

to strengthen human rights ratification pertaining to Convention on the Rights of person with
disabilities ratification was done in 2008. Regardless of the same, individuals with disabilities
are facing problems in the area of education and employment.
In the year of 2016, situation of Malaysia’s Human Rights was deteriorated significantly.
Word report of Malaysia presents pervasive discrimination in against to lesbian, gay, bisexual
and transgender people. For example: In Malaysia, punishment of up to 20 years in prison and
whipping is given to the men involved in same sex activity. Hence, as per Malaysian legal
system same sex relationship takes place between men and women are considered as crime.
Child marriage in Malaysia is another main example of human rights abuses.
By evaluating world report regarding Bangladesh, it has assessed that Human Right
Groups are facing constant obstacles in Bangladesh regarding escalating harassment and
surveillance by Police14. In Bangladesh, there is a lack of freedom pertaining to expressing views
and suggestions. Activities of human abuses such as stalking, sexual harassment and murder of
girls who have raised voice in against to undesirable activities continued in the year of 201615. In
the member state of UN such as Bangladesh indigenous women and girls are facing multiple
form of discrimination as per gender, identity and socio-economies status.
Through making evaluation of India’s report published by World Bank it has assessed
that level of human right abuses in such country is immense. Regardless of women rights, level
of rape, sexual assault prosecution, domestic violence, acid attacks and their murders are
significantly higher. This aspect clearly indicates requirement of taking strategic action or action
for enhancing the level of women’s safety / protection. Women and girls with disabilities are
facing problem in relation to accessing justice for violence against them. Considering this, it can
be mentioned that in India level of human rights abuses are high. However, on the critical note,
14 Mizan, A.S., 2017. Continuing the Colonial Legacy in the Legislative Drafting in Bangladesh:
Impact on the Legal Consciousness and the Rule of Law and Human Rights. IJLDLR. 6. p.3.
15 Bangladesh events of 2016. 2018. Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/bangladesh>.

author depicted that Indian government is making efforts in relation to controlling activities
related to human right abuses16. For instance: Parliament approved a law in against to child labor
which in turn entails that children under the age of 14 are not allowed to work. In contrast to this,
author showed in their study that, in India, violation of section 377 takes place related to right to
life and personal liberty. Moreover, in India, same sex relationship between adults is considered
as crime17. Further, report also furnishes information about the extent to which rights of people
with disabilities being violated. For example: Women and girls with psychological or intellectual
disabilities in India are locked up in mental hospitals without their consent. Hence, India failed to
comply with United Nations Conventions on rights of individuals with disabilities.
In Mexico, unlawful activities regarding extrajudicial killing has assessed which shows
the aspect of human rights abuses. According to world, in Mexico, human rights violation takes
place by military personnel to a great extent. Moreover, Mexico has highly relied on military to
fight drug-related violence and crime which in turn leads human rights abuses. Torture is another
main abuse that takes place in Mexico significantly. Common torture techniques used in Mexico
includes beating, water boarding’s, electric shocks and sexual abuses18. Despite a constitutional
prohibition on using evidence obtained through torture some judicial authorities disregard
complaints. Laws and legislation of Mexico also do not offer high level of protection to women
and girls in against to domestic and sexual violence. Report also presents that women and girls
are facing serious issues or barriers pertaining to accessing abortions after sexual violence.
16 India events of 2016. 2018. [Online]. Available through: <
https://www.hrw.org/world-report/2017/country-chapters/india>.
17 Ramasastry, A., 2015. Corporate social responsibility versus business and human rights:
Bridging the gap between responsibility and accountability. Journal of Human Rights. 14(2).
pp.237-259.
18 Mexico events of 2016. 2018. [Online]. Available through: <https://www.hrw.org/world-
report/2017/country-chapters/mexico>.

However, author identified that, in Mexico, bill was introduced to legalize same sex
marriage and removing aspects in relation to sexual orientation as well as gender identity. New
laws have introduced by UN Committee for protecting the rights of individuals with disabilities.
On the contrary to this, author found and mentioned in their study that Mexican women with
psychological difficulties were assessed at high risk level. Sometimes, Mexico pressurizes
women with disabilities into being sterilized. Further, when women with disabilities become
pregnant then they are pressurized to undergo with abortion. All the above mentioned aspects
show that still there is need in Mexico to reform or modify some existing laws to strengthen
human rights of women and others.
In Nigeria, level of corruption is significant which in turn place direct impact on
employment level in a negative manner. Approximately, 54% people are highly poor in such
region due to corruption19. Along with this, world report published also entails that one-third of
schools age children are not getting enough educational facilities. Further, it has assessed from
evaluation that in Nigeria children were die from treatable and preventable diseases. However,
on the other side, it can be depicted that in Nigeria, law is used to legitimate abuses in against to
lesbian, gay, bisexual and transgender. Hence, to restricts practices in relation to mob violence,
sexual abuse, unlawful arrests, torture and extortion effective actions were taken. Hence, in
Nigeria, there is a need to exert effectual control on corruption which is considered as major
cause of human rights abuses.
In Somalia, violation level is high which turn shows existence of human rights abuses in
such member state of UN. Word report also shows that displaced population remain vulnerable
to sexual violence and forced eviction takes place in government-controlled areas20. Further,
humanitarian situation has also deteriorated over the time frame. Under such member state,
government security forces, African union troops and allied militias were held accountable for
sexual violence, arbitrary arrests as well as detention.
19 Nigeria events of 2016. 2018. [Online]. Available through: <https://www.hrw.org/world-
report/2017/country-chapters/nigeria>.
20 Somalia. 2018. Online]. Available through: < https://www.hrw.org/africa/somalia>.

In Afghanistan, there is always the fighting between Afghan National Security Force
(ANSF) and Taliban. The Taliban is one of the most dangerous terrorist forces which are been
threatening the civilians of Afghanistan for years21. In the year 2016 in Afghanistan there were
major fighting between Taliban and ANSF which reported in 1000 killing of civilians and
injured insurgent suicides and Islamic State (ISIS) also took responsibility of these attacks. The
Tabilanies are very well known for the abusive of human rights in Afghanistan for several years
and they are the one who are responsible for human rights formation and violations in country.
As in Afghanistan cross dressing and Homosexuality is always been regarded as capital crimes
under Taliban. Women rights are also been taken away from them under the rule and domination
women in Afghanistan are not allowed to work outside, they are deprived for voting rights or to
stand in elections. The Afghanistan president in order to gain Shia domination and their vote pass
Shia Family Law which stated that spousal rape will be condones at the time of marriage and
imposition of purdah on married Afghan Women were regarded to as lawful.
This state is still same in Afghanistan from long years but because of the successful
efforts of Afghan Women Network (AWN) they are able to get some rights of women to vote
into elections. They obtain the signature on the proposal with the 30 recommendations on
women's rights in Afghanistan after the presidency election of 2014. but still there is a need of
wide range of changes in the state are the major one the removal of Taliban and ISIS.
Democratic People's Republic of Korea (DPRK) currently known as North Korea is also
on large level engaged in violations of human rights in country among which right to food,
freedom of thought, of speech, of discrimination, of movements are residence are major one.
These all situations are very much serious and dire in North Korea as the government of North
Korea are responsible for the highest level of crime and criminal activities within country22. All
the civilians are deprived from their rights and duties as the citizens of North Korea which
21 Afghanistan events of 2016. 2018. [Online]. Available through: https://www.hrw.org/world-
report/2017/country-chapters/afghanistan>.
22 Democratic People's Republic of Korea events of 2016. 2018. [Online]. Available through:
http://www.globalr2p.org/regions/democratic_peoples_republic_of_korea>.

includes sexual violence, torture, murder, enslavement, starvation and many others. UN is many
a time expressed its concern over human rights violations and telling the government of North
Korea to improve situations. North Korea is also engaged in nuclear non- proliferation within the
country but this is indirectly one of the issue of human rights abuses.
In North Korea on 19th February 2017 UN asked for the report of human rights and its
abuses in country and this report included investigation of methods of accountability of the
commission against human rights. It stated that it is the role and responsibility of government of
North Korea to ensure that its citizens are safe within country and they are not deprived from any
of the human rights and duty of UN is to ensure this all.
Several international treaties have introduced in Turkey for protecting human rights of
individuals. By doing assessment, it has identified that UN Committee provided government
authority with recommendations in relation to addressing issue of gender inequality23. In
recommendation report, concerned committee has laid emphasis on girl’s access to education,
employment, justice and reproductive health. Irrespective of ratification by Turkish government
pertaining to Council of Europe convention on violence women rights abuses are recognized as
serious concern. Hence, to strengthen women rights in Turkey, UNHRC is required to provide
Turkish government with suitable recommendations which in turn eradicate violence.
From overall evaluation, it has been articulated that member states of United Nations are
facing issues of human rights abuses. It can be summarized from the report same sex marriage as
well as relationship is not allowed in several countries. Along with this, abuses regarding women
rights related to education & employment are also continued in UN. Further, activities in relation
to trafficking, stalking etc are also increased to a great extent. Hence, Human Rights
Commission and council needs to undertake effectual measure for reducing the level of
discriminatory practices take place in all the above mentioned member states of United Nations.
Such commission and council needs to investigate and identify ways through which
discriminatory and other unlawful activities related to human rights abuses can be eradicated. It
23 Turkey events of 2016. 2018. Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/turkey >.

can be seen in the reports that suggestion of UNHRC in relation to making further changes in
laws are highly appropriate. Hence, to ensure justice for human right abuses significant
requirement in relation to making changes in current legislation has assessed.

REFERENCES
Books and Journals
Addo, M. ed., 2017. International law of human rights. Routledge.
Forsythe, D. P., 2017. Human rights in international relations. Cambridge University Press.
Freeman, M., 2017. Human rights. John Wiley & Sons.
Miller, J. M., 2016. The Influence of Human Rights and Basic Rights in Private Law in the
United States. In The Influence of Human Rights and Basic Rights in Private Law (pp. 577-
593). Springer, Cham.
Mizan, A.S., 2017. Continuing the Colonial Legacy in the Legislative Drafting in Bangladesh:
Impact on the Legal Consciousness and the Rule of Law and Human Rights. IJLDLR. 6. p.3.
Ramasastry, A., 2015. Corporate social responsibility versus business and human rights:
Bridging the gap between responsibility and accountability. Journal of Human Rights. 14(2).
pp.237-259.
Smith, R., 2018. International Human Rights Law. Oxford University Press.
Wright, J., 2017. Tort law and human rights. Bloomsbury Publishing.
Wright, J., 2017. Tort law and human rights. Bloomsbury Publishing.
Online
Afghanistan events of 2016. 2018. [Online]. Available through: https://www.hrw.org/world-
report/2017/country-chapters/afghanistan>.
Bangladesh events of 2016. 2018. Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/bangladesh>.
China events of 2016. 2018. [Online]. Available through: <
https://www.hrw.org/world-report/2017/country-chapters/china-and-tibet>.

Democratic People's Republic of Korea events of 2016. 2018. [Online]. Available through:
http://www.globalr2p.org/regions/democratic_peoples_republic_of_korea.
Human Rights Committee. 2018. [Online]. Available through: <
http://www.ohchr.org/EN/HRBodies/CCPR/Pages/CCPRIndex.aspx>.
Human Rights Council. 2018. [Online]. Available through: < https://www.hrw.org/topic/united-
nations/human-rights-council>.
Human Rights. 2018. [Online]. Available through: <http://www.un.org/en/sections/issues-
depth/human-rights/>.
India events of 2016. 2018. [Online]. Available through: <
https://www.hrw.org/world-report/2017/country-chapters/india>.
Indonesia events of 2016. 2018. [Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/indonesia>.
Malaysia events of 2016. 2018. [Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/malaysia>.
Mexico events of 2016. 2018. [Online]. Available through:
<https://www.hrw.org/world-report/2017/country-chapters/mexico>.
Nigeria events of 2016. 2018. [Online]. Available through:
<https://www.hrw.org/world-report/2017/country-chapters/nigeria>.
Somalia. 2018. Online]. Available through: < https://www.hrw.org/africa/somalia>.
South Africa events of 2016. 2018. [Online]. Available through: < https://www.hrw.org/world-
report/2017/country-chapters/southafrica>.
Turkey events of 2016. 2018. Online]. Available through: <
https://www.hrw.org/world-report/2017/country-chapters/turkey >.

UN Human Rights Council: the human rights situation in Libya. 2018.[Online]. Available
through: < https://www.hrw.org/news/2015/09/29/un-human-rights-council-human-rights-
situation-libya>.