2.1 Structure and Functions of the United Nations
5 min read•july 31, 2024
The United Nations system plays a crucial role in promoting and protecting human rights globally. Its six principal organs, including the General Assembly and Security Council, work together to address human rights issues within their respective mandates.
Specialized bodies like the and Office of the High Commissioner for Human Rights focus specifically on human rights. These entities conduct reviews, investigate violations, and provide expertise to support the UN's human rights efforts worldwide.
UN Organs and Human Rights
Principal UN Organs
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- United Nations comprises six principal organs advancing global governance and human rights
- General Assembly functions as main deliberative body with equal representation for all member states
- Security Council maintains international peace and security, addressing human rights violations threatening global stability
- (ECOSOC) coordinates UN economic and social work, promoting human rights through sustainable development initiatives
- Trusteeship Council suspended operations in 1994 after completion of its original mandate
- settles legal disputes between states and provides advisory opinions on legal questions (human rights issues)
- carries out day-to-day work of the UN, supporting all other organs
Human Rights-Focused Bodies
- Human Rights Council serves as subsidiary body of General Assembly
- Plays central role in promoting and protecting human rights globally
- Consists of 47 member states elected by General Assembly
- Conducts of human rights situations in all UN member states
- Office of the High Commissioner for Human Rights (OHCHR) operates within UN Secretariat
- Supports human rights mechanisms throughout UN system
- Provides expertise, assistance, and secretariat services to UN human rights bodies
- of Human Rights Council include independent experts
- investigate specific human rights issues or country situations
- Working Groups address thematic human rights concerns (arbitrary detention, enforced disappearances)
UN Bodies: Assembly, Council, and Security
General Assembly's Human Rights Role
- Elects non-permanent members of Security Council and all members of Human Rights Council
- Influences composition and direction of these key bodies
- Passes resolutions on human rights issues
- Shapes agenda and actions of Security Council and Human Rights Council
- Adopts international human rights treaties and declarations (Universal Declaration of Human Rights)
- Requests advisory opinions from International Court of Justice on human rights matters
- Informs work of Security Council and Human Rights Council
- Receives and considers annual reports from Human Rights Council
- Reviews recommendations for further action on human rights issues
Security Council and Human Rights
- Addresses human rights in context of threats to international peace and security
- Can impose or authorize military intervention in response to severe human rights violations
- Refers situations involving human rights violations to
- Complements work of Human Rights Council in addressing impunity
- Establishes with human rights mandates
- Monitors and reports on human rights situations in conflict areas
- Adopts thematic resolutions on human rights issues
- (Resolution 1325)
- (Resolution 1612)
Human Rights Council Functions
- Conducts Universal Periodic Review of all UN member states
- Assesses human rights situations and makes recommendations for improvement
- Establishes commissions of inquiry and fact-finding missions
- Investigates serious human rights violations (Syria, Myanmar)
- Adopts resolutions and decisions on human rights issues
- Guides international community's response to human rights challenges
- Appoints Special Procedures mandate holders
- Independent experts monitoring specific human rights issues or country situations
- Serves as forum for dialogue on human rights
- Facilitates discussions between states, NGOs, and other stakeholders
Secretariat and Secretary-General's Role
Administrative and Substantive Support
- UN Secretariat provides support to all UN organs, including human rights bodies
- Organizes meetings, conferences, and documentation for human rights mechanisms
- Prepares reports and analysis on human rights situations worldwide
- Office of the High Commissioner for Human Rights (OHCHR) operates within Secretariat
- Conducts human rights field operations and technical cooperation programs
- Provides secretariat services to treaty bodies and Human Rights Council
- Department of Political and Peacebuilding Affairs integrates human rights into conflict prevention and peacebuilding efforts
- Supports mediation and good offices initiatives addressing human rights concerns
Secretary-General's Human Rights Leadership
- Serves as chief administrative officer of UN, highlighting human rights issues globally
- Uses moral authority to speak out against human rights violations
- Engages in quiet diplomacy to address sensitive human rights situations
- Appoints Special Representatives and Envoys for specific human rights issues
- Special Representative on Sexual Violence in Conflict
- Special Envoy on Youth
- Utilizes "good offices" role to mediate conflicts with human rights dimensions
- Facilitates dialogue between parties to resolve human rights-related disputes
- Issues reports and statements on human rights situations
- Brings attention to emerging human rights challenges and crises
- Launches global initiatives promoting human rights
- Human Rights Up Front initiative emphasizing early action to prevent human rights violations
Challenges and Opportunities for Human Rights
Systemic Challenges
- State principle often conflicts with UN's ability to intervene in human rights situations
- Limits UN action in cases of severe human rights violations within member states
- Veto power of permanent Security Council members impedes action on human rights issues
- Geopolitical interests can prevent consensus on addressing human rights crises (Syria conflict)
- UN treaty body system faces challenges of backlog and non-compliance
- Delays in reviewing state reports and implementing recommendations
- Some states fail to submit reports or implement treaty body decisions
- Ensuring coherence and avoiding duplication in UN human rights work
- Multiple bodies and agencies working on overlapping human rights issues
- Need for better coordination and information sharing
Opportunities for Advancement
- Universal Periodic Review process provides regular assessment of human rights in all member states
- Encourages dialogue and cooperation between states on human rights issues
- Identifies areas for improvement and technical assistance
- Special Procedures allow for independent expert analysis of human rights issues
- Country visits and communications with governments highlight specific concerns
- Thematic reports contribute to development of international human rights standards
- 2030 Agenda for Sustainable Development integrates human rights into global development efforts
- Emphasizes interconnectedness of rights and development (right to education, gender equality)
- Provides framework for addressing root causes of human rights violations
- Increased engagement with civil society and national human rights institutions
- Enhances monitoring and implementation of human rights standards
- Brings grassroots perspectives to UN human rights mechanisms
- Technological advancements improve human rights monitoring and advocacy
- Satellite imagery and data analysis support investigations of human rights violations
- Social media platforms amplify voices of human rights defenders and victims
Key Terms to Review (23)
Accountability: Accountability refers to the obligation of individuals, institutions, and governments to explain and justify their actions and decisions, particularly in relation to human rights. This concept emphasizes the importance of transparency and responsibility in ensuring that human rights are upheld and that violations are addressed, fostering trust within societies.
Children and armed conflict: Children and armed conflict refers to the situation where children are recruited, used, or otherwise affected by armed conflicts, exposing them to violence, exploitation, and trauma. This term encompasses a range of violations against children's rights during war, including recruitment into armed forces, sexual violence, and the impact of armed conflict on their education and well-being. The involvement of children in such situations raises significant international concerns and demands urgent attention from global bodies and organizations.
Economic and Social Council: The Economic and Social Council (ECOSOC) is one of the six main organs of the United Nations, responsible for coordinating the economic, social, and related work of 15 UN specialized agencies, their functional commissions, and five regional commissions. It serves as a central platform for discussing international economic and social issues, making recommendations to member states, and promoting human rights and sustainable development globally.
Eleanor Roosevelt: Eleanor Roosevelt was an influential American political figure, diplomat, and activist who served as the First Lady of the United States from 1933 to 1945. She played a pivotal role in shaping human rights policies and was instrumental in the establishment of the United Nations and the drafting of the Universal Declaration of Human Rights.
Genocide: Genocide is the intentional act to destroy, in whole or in part, a national, ethnic, racial, or religious group. This definition highlights the targeted nature of such violence and connects it to various international frameworks that seek to prevent and punish this crime, emphasizing the responsibilities of states and international organizations to protect vulnerable populations.
Human Rights Council: The Human Rights Council is an intergovernmental body within the United Nations responsible for promoting and protecting human rights globally. Established in 2006, it serves as a forum for dialogue on human rights issues, conducts reviews of human rights practices in member states, and addresses urgent human rights violations. Its functions are deeply connected to the historical development of human rights, the structure and functions of the UN, provisions in the UN Charter, the influence of the UDHR, and the challenges faced in enforcing human rights standards.
Humanitarian intervention: Humanitarian intervention refers to the use of military force by a state or group of states to prevent or stop widespread human rights violations, such as genocide or ethnic cleansing, in another state. This practice raises critical debates around state sovereignty, international law, and the moral responsibilities of nations to protect vulnerable populations, connecting deeply with the structures and functions of international organizations like the United Nations, as well as discussions on the challenges and criticisms surrounding the Universal Declaration of Human Rights.
International Court of Justice: The International Court of Justice (ICJ) is the principal judicial organ of the United Nations, established to settle legal disputes between states and provide advisory opinions on legal questions referred to it by UN bodies or agencies. The ICJ plays a crucial role in promoting the rule of law and resolving conflicts peacefully, contributing to global peace and security. Its decisions are binding on the parties involved, although enforcement relies heavily on the willingness of states to comply.
International Criminal Court: The International Criminal Court (ICC) is a permanent international tribunal established to prosecute individuals for serious crimes such as genocide, war crimes, and crimes against humanity. The ICC plays a crucial role in the global human rights framework, ensuring accountability for violations that transcend national borders.
Kofi Annan: Kofi Annan was a Ghanaian diplomat who served as the seventh Secretary-General of the United Nations from 1997 to 2006. He played a pivotal role in reforming the UN's structure and promoting global issues such as human rights, sustainable development, and peacekeeping operations during a time of increasing global challenges.
Non-discrimination: Non-discrimination refers to the principle that individuals should not be treated unfairly or differently based on certain characteristics such as race, gender, age, disability, or sexual orientation. This principle is essential in promoting equality and justice, influencing the creation of laws and policies that protect individuals' rights across various contexts.
Peacekeeping Operations: Peacekeeping operations are missions established by the United Nations to help maintain or restore peace in areas affected by conflict. These operations involve deploying international personnel to monitor ceasefires, protect civilians, and facilitate political processes, aiming to create a stable environment where post-conflict reconstruction can occur. By providing security and support for political solutions, peacekeeping operations play a crucial role in international efforts to prevent conflict escalation and promote lasting peace.
Right to Self-Determination: The right to self-determination is the principle that allows nations, peoples, or groups to freely determine their political status and pursue their economic, social, and cultural development. This concept is crucial within the framework of international law and the United Nations, as it supports the idea that all peoples have the right to govern themselves without external interference, promoting autonomy and independence.
Sanctions: Sanctions are punitive measures imposed by countries or international organizations to influence the behavior of a specific nation, group, or individual. These measures can include economic restrictions, trade barriers, and travel bans, and are often used to compel compliance with international law or to respond to violations of human rights. The use of sanctions can be a powerful tool for promoting accountability and stability in global relations.
Secretariat: The Secretariat is one of the six main organs of the United Nations, responsible for carrying out the day-to-day work of the organization. It is led by the Secretary-General and serves as the administrative arm, implementing decisions made by other UN bodies, coordinating various programs, and managing peacekeeping operations. The Secretariat plays a crucial role in ensuring that the UN functions effectively and efficiently in addressing global issues.
Sovereignty: Sovereignty is the authority of a state to govern itself and make decisions independently without external interference. This concept is fundamental in international relations, as it establishes the legal framework within which states operate and interact. It emphasizes the principle of non-interference in a state's internal affairs and underscores the importance of state autonomy in global governance, particularly within institutions like the United Nations.
Special Procedures: Special Procedures are mechanisms established by the United Nations Human Rights Council to address specific human rights issues and situations in various countries. These procedures include the appointment of Special Rapporteurs and Working Groups, who investigate, monitor, and report on human rights violations, providing critical insights and recommendations for improvement. Through these mechanisms, the UN aims to promote accountability and foster dialogue regarding human rights standards globally.
Special Rapporteurs: Special Rapporteurs are independent experts appointed by the United Nations to monitor, report, and advise on human rights issues in specific countries or on thematic issues. They play a vital role in the UN's human rights framework by bringing attention to human rights violations, providing recommendations for improvement, and facilitating dialogue between states and civil society.
State Obligations: State obligations refer to the responsibilities that countries have to uphold and protect human rights as outlined in international law. These obligations require states to respect, protect, and fulfill the rights of individuals within their jurisdiction, ensuring that all citizens can enjoy fundamental freedoms without discrimination. This concept is crucial in understanding how international bodies assess compliance with human rights standards and hold states accountable for violations.
United Nations General Assembly: The United Nations General Assembly (UNGA) is one of the six principal organs of the United Nations, where all 193 member states have an equal voice. It serves as a platform for member states to discuss and coordinate international issues, including human rights, peace and security, and sustainable development, promoting collaboration among nations.
United Nations Security Council: The United Nations Security Council (UNSC) is one of the six main organs of the United Nations, responsible for maintaining international peace and security. It plays a critical role in addressing conflicts, authorizing peacekeeping missions, and imposing sanctions to prevent escalation of disputes. The UNSC's decisions are binding on all member states, making it a powerful body in the global governance system.
Universal Periodic Review: The Universal Periodic Review (UPR) is a unique process established by the United Nations to assess the human rights situations of all UN member states every four years. It involves a review of each state's adherence to human rights obligations and commitments, fostering dialogue and accountability while promoting best practices among countries.
Women, Peace and Security: Women, Peace and Security refers to the international agenda that recognizes the critical role of women in conflict prevention, resolution, and peacebuilding. This framework emphasizes the importance of gender equality and women's participation in decision-making processes related to peace and security, which is essential for achieving sustainable peace and security in societies affected by conflict.