Part II Preventing torture: NHRIs in action | Section III Acting as a control mechanism Introduction Most of the human rights instruments prohibiting torture (described in chapter 2) have established various mechanisms to monitor their implementation. NHRIs can contribute to the work of these mechanisms by providing alternative sources of information and by monitoring the implementation of their recommendations. The first two sections of this chapter examine mechanisms established within the United Nations human rights system. A difference is traditionally made between the mechanisms established under the Human Rights Council and applicable to all States (called Charter-based bodies) and mechanisms set up under a specific treaty (called treaty-based bodies) that are applicable only to States that have ratified these treaties. The mandate of the Committee against Torture will also be examined in detail. The third section of this chapter examines regional complaints mechanisms, while the final section looks at the role of visiting mechanisms which have specific mandates focusing on torture prevention. 1. United Nations treaty bodies30 Human rights treaty bodies are committees of independent experts that monitor the implementation of international human rights treaties. They are created by the treaty that they monitor and their main function is to consider the reports of States parties. Some treaty bodies can examine individual complaints (a quasi-judicial function). However, this is usually dependent on the State party accepting this provision of the treaty. The treaty body can issue its views following the examination of a complaint, although this is not a legally binding decision. While this section will examine in detail the role and function of the Committee against Torture, it is important to note that the Human Rights Committee plays an important role in torture prevention. As part of their torture prevention strategy, NHRIs should strive to cooperate closely with this body both in the reporting procedure and its individual complaints procedure. 30 Treaty Body Treaty Examination of reports Individual complaints Human Rights Committee International Covenant on Civil and Political Rights (1966) Yes First Optional Protocol (1966) Committee on Economic, Social and Cultural Rights International Covenant on Economic, Social and Cultural Rights (1966) Yes Optional Protocol (2008)30 Committee on the Elimination of Racial Discrimination International Convention on the Elimination of All Forms of Racial Discrimination (1965) Yes Article 14 Committee on the Elimination of Discrimination against Women Convention on the Elimination of All Forms of Discrimination against Women (1979) Yes Optional Protocol (1999) Committee against Torture Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (1984) Yes Article 22 This protocol is not yet in force (February 2010). Chapter 7: Cooperating with international mechanisms | 63

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