Functional Developments of the Human Rights Committee: With a Special Focus on Its Interactions with the State Parties in East Asia
Date Issued
2012
Date
2012
Author(s)
Hung, Hui-Ling
Abstract
Since the International Covenant on Civil and Political Rights (hereafter “the ICCPR”) and the International Covenant on Economic, Social and Cultural Rights (hereafter “the ICESCR”) came into force in 1976, it took 34 years for the Legislative Yuan of Republic of China to finally ratify the two Covenants in March 2009, and legislate the Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economics, Social and Cultural Rights. Both of the Covenants came into force on December 2009. Also, initial report of Republic of China has been submitted in April 2012, and the NGOs immediately submitted shadow reports in the very next month. It is obvious that the future of our domestic human rights law is connected to both of the ICCPR and the ICESCR. Therefore for us to implement the Covenants, it is necessary to focus on the functional developments of Human Rights Committee (hereafter “the Committee”), and the suggestions which the Committee gave to the State Parties.
This thesis will first look into the provisions of the ICCPR concerning the Committee, then observing the functional developments of the Committee until now. By analyzing the three instruments made by the Committee, which are concluding observation, general comment, and the consideration of the communication, this thesis would like to pinpoint that the functions of the ICCPR has been expanded as time passed. The attitude of the Committee has been reconstructed from passive toward active and ever dynamic. Also, this thesis would like to divide the functional developments of the Committee into three periods to tell the transition of the Committee. Moreover, by pinpointing the feature of each period, this thesis would like to prove that the Committee is knowingly expanding its functions through each period.
Since Taiwan cannot submit the initial report to the Committee, and can never receive an official concluding observation from the Committee, it is significant to look into the interactions between the Committee and the State Parties as implications. This thesis would like to focus on the interactions between the Committee and the State Parties in East Asia for the similarity to Taiwan in history, culture, and legislation. First, this thesis would like to find the differences between the suggestions made by the Committee under each functional development period; also, to conclude the common issues, and the common developing trend between each State Parties in East Asia. Last but not least, this thesis would find that the more active the Committee is, the more positive the State Parties in East Asia would be in responding suggestions in concluding observations.
The last part of this thesis would focus on the initial report of Taiwan. First, introduce the initial report and the shadow report, and compare the differences between them. Then, based on the conclusion of the common parts of the interactions between the State Parties in East Asia and the Committee, pinpoint the parts of the initial reports which would fulfill the requirements of the Committee, and the parts which needs to be proved, and shed some implications to the implementation of the ICCPR in Taiwan.
Subjects
International Human Rights
Human Rights Committee
the ICCPR
the common issues of State Parties in East Asia
concluding observation
general comment
communication
Type
thesis
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