International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions In addition there are another nine treaties that are Optional Protocols to these core treaties. They are supplementary treaties. • Optional Protocol to the International Covenant on Civil and Political Rights 1966 • Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty 1989 • Optional Protocol of the Covenant on Economic, Social and Cultural Rights 2008 • Optional Protocol to the Convention on the Elimination of Discrimination against Women 1999 • Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment 2002 (OPCAT) • Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict 2000 • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography 2000 • Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure198 • Optional Protocol to the Convention on the Rights of Persons with Disabilities 2006.199 3. THE TREATY MONITORING BODIES Each of the nine core treaties has its own treaty monitoring body (TMB) that promotes the performance of treaty obligations by States parties.200 In addition, the OPCAT has its own treaty committee, the Subcommittee on Prevention of Torture, that carries out the responsibilities given to it in the Optional Protocol. In all cases but one, the treaty itself establishes the TMB. The exception is the Committee on Economic, Social and Cultural Rights, which was established by a decision of the UN Economic and Social Council (ECOSOC).201 TMBs have various functions given to them by the treaties. These functions can vary somewhat from treaty to treaty. In general the nine treaty bodies under the core treaties: • promote ratification and implementation of the treaty • receive periodic reports from States parties and examine the States parties on the basis of those reports • issue guidance to States parties on the interpretation and implementation of the treaty • receive and give advisory opinions on individual complaints of violation of the treaty where the State party has accepted that jurisdiction of the committee202 • hold general discussion days on themes arising under the treaty. The TMBs are legal, technical bodies, not political bodies. Their members are independent human rights experts who serve on an unpaid, honorary basis in their personal capacities. They are not State representatives and they cannot be directed by their Governments or anyone else. In fact they are required to be independent and to act independently. They are elected by the States parties to the particular treaty. They are elected on a rotational basis so that there is never a complete turnover of members. 198 The Optional Protocol to the CRC on a communications procedure was approved by the UN General Assembly on 19 December 2011. It is now open for signature. It will come into effect when ratified by ten States. 199 The Optional Protocol to the CRPD was approved by the UN General Assembly on 13 December 2006. It entered into force on 3 May 2008. 200 See table 10.1 on p. 66 of this manual. 201 The Committee was established under ECOSOC Resolution 1985/17 of 28 May 1985 to carry out the monitoring functions assigned to the ECOSOC in Part IV of the ICESCR. 202 Except currently the Committee on the Rights of the Child. On 19 December 2011, the UN General Assembly adopted a new Optional Protocol to the CRC to give this Committee a complaint function similar to that of other treaty bodies. The Optional Protocol can be expected to come into effect within two or three years. 64 | Chapter 10: The treaty-based system: An overview