Erni, Marianne Patrice O.

1S April 19, 2018

What I Suggest As A New Human Rights Mechanism

Currently, there is a United Nations Human Rights Mechanism composed of the United Nations
Office of the High Commissioner for Human Rights, United Nations Human Rights Council and Special
Procedures of the Human Rights Council. More so, there are seven Human Rights Treaty Bodies that
monitor the implementation of the core international human rights treaties which are composed of the
following: a) Human Rights Committee (HRC); b) Committee on Economic, Social and Cultural Rights
(CESCR); c) Committee on the Elimination of Racial Discrimination (CERD); d) Committee on the
Elimination of Discrimination Against Women (CEDAW); e) Committee Against Torture (CAT); f)
Committee on the Rights of the Child (CRC); g) Committee on Migrant Workers (CMW).

On the other hand, despite the emergence or existence these Human Rights Mechanism, human
rights violations are still continuing and rampant across the globe in almost all countries regardless of
whether a country is a first world or a third world country. Almost all or most human rights violations are
kept unknown from the authorities or the eyes of the world whilst in several violations, the world the
authorities keep a blind eye against them. In this regard, what is greatly or more importantly needed to
combat human rights violations is not macro-managing but micro-managing. These human rights
violations should not remain in a theoretical level measure through statistics rather, actual emersion and
concrete solutions should emerge and be present.

Another aspect that we should take into consideration is the fact that the international
commissions and council in the United Nations, in reality, does not have jurisdiction in many countries
particularly those that are non-members and even those that are members but bars the United Nations
power with territorial jurisdiction. In this regard, there is no actual emersion or concrete solution provided
which causes the continuance and extensiveness of these violations.

UNIVERSAL AND NATIONAL JURISTICTION ON HUMAN RIGHTS VIOLATIONS

As I have mentioned earlier, what is lacking in the current Human Rights mechanism of the
United Nation is its lack or even absence of jurisdiction in countries where human rights violations
emerge. It should be noted that a number if not most of human rights violations are inflicted by the
government bodies and officers against the citizens. In this regard, the national governments of the
different countries have the option of barring the jurisdiction or the power of the United Nations to
address these violations which could hold the government liable. In order to provide a more effective
approach in combating human rights violations, this existing phenomenon should be taken into
consideration.

The Universal and National Jurisdictions on Human Rights Violations’ main purpose or main
goal is the protection of the lives of each and every individual regardless of race, nationality, age, gender,
and territorial location. With this, national governments cannot bar the jurisdiction of the existing Human
Rights Commissions and Councils with territorial jurisdiction because the jurisdiction of these
commission and councils extends to all human rights violations which cannot be ruled out of any
territorial jurisdiction. The solutions that these commissions and councils would provide and the help that
they would extend cannot be prevented by the any national government. More importantly, the
government, regardless of the presence or absence of its consent, can be held liable for the human rights
violations it would commit. It is only when the government knows that it cannot escape liability will it
gradually learn that its power over its citizens is not supreme and absolute.

MARGINALIZED INTERNATIONAL REPRESENTATION

Jurisdiction is not enough when there is an absence of proper representation. In this regard, I
would like to propose that each country should have a Human Rights Commission which could present
the human rights situation in its country without need for endorsement or representation of the National
Government. With this, the Human Rights Commission of each country would become a separate and
independent body in the United Nations from the national government of the country where it belongs.
The main purpose or the main goal of this marginalized international representation is to enable the
Human Rights Commissions of each country to work independently and without interference or influence
from the national government.

Considering that this proposition would be granted, in my opinion, there would be a more abrupt
and evident change and development in the human rights situation in each country. The Human Rights
Commissions will be encouraged, if not mandated, to work with non-governmental institutions to be able
to effect more change and development. These Human Rights Commissions and non-governmental
institutions would work directly with the United Nations in combating and giving real and imminent
solution to each and every individual whose right/s has been violated. With this, there would be an actual
emersion and concrete solution against human rights violations and its violators and for those who have
been exposed to such violations.

Human Rights would now cease to be theoretical and arithmetic; rather it would be realized and
taken into effect. To know that you can work independently and freely in combating human rights
violations would result to individuals working together, hand in hand, without fear from or favor to what
it deems to be more powerful, the government.