Global Human Rights: Multilateral Bodies & U.S. Participation

Global Human Rights: Multilateral Bodies & U.S. Participation

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Updated November 23, 2018
Global Human Rights: Multilateral Bodies & U.S. Participation
Congress has guided and shaped the U.S role in the current
more information, see CRS Report RL33608, The United
international human rights architecture, which grew out of
Nations Human Rights Council: Issues for Congress).
the atrocities and destruction of World War II. The United

Nations (U.N.) Charter, signed in 1945, included broad
International Treaties and Treaty Bodies
expressions of support for human rights and fundamental
A total of nine core international human rights treaties have
freedoms. In 1948, the U.N. General Assembly adopted the
been adopted by the General Assembly and entered into
nonbinding Universal Declaration of Human Rights to
force (see Table 1), as have nine related Optional
define the rights and freedoms to which the Charter
Protocols. The scope of these agreements is broad and
referred. Since then, the international community has built
includes civil and political rights, economic, social and
on this foundation and developed a more comprehensive
cultural rights, the rights of particular vulnerable groups,
array of enumerated human rights and a set of mechanisms
and rights against certain forms of ill-treatment. Many
meant to protect and promote them. As a chief architect and
human rights treaties establish committees of independent
guarantor of the postwar international order, the United
experts charged with monitoring treaty implementation by
States has at times led these efforts and, on the basis of
States Parties. These bodies review reports submitted by
sovereignty and other concerns, at times stood apart from
States Parties, raise concerns, and make nonbinding
them.
recommendations.
Table 1. Core Human Rights Treaties and Status of
“Member States have pledged themselves to achieve,
U.S. Participation
in cooperation with the United Nations, the
promotion of universal respect for and observance of
Treaty (year into force)
U.S. Status
human rights and fundamental freedoms ... ”
International Covenant on Civil and
Signed (1977)
Political Rights (1976)
Ratified (1992)
—Preamble to the Universal Declaration of Human
International Covenant on Economic,
Signed (1977), not
Rights
Social, and Cultural Rights (1976)
ratified
International Convention on the
Signed (1966)

Elimination of All Forms of Racial
Ratified (1994)
United Nations Bodies
Discrimination (1969)
Numerous U.N. bodies have specific mandates to deal with
Convention on the Elimination of
Signed (1980), not
human rights issues. These bodies are divided into charter-
Discrimination Against Women (1981)
ratified
based and treaty-based bodies: charter-based bodies are
Convention against Torture and Other
Signed (1988)
derived from the U.N. Charter, possess broad mandates, and
Cruel, Inhuman or Degrading Treatment
Ratified (1994)
make decisions according to a majority vote. Treaty-based
(1987)
bodies are created from specific provisions in human rights
Convention on the Rights of the Child
Signed (1995), not
treaties and hold narrower mandates. These bodies,
(1990)
ratified
however, are not the only U.N. institutions that handle
International Convention on the
Neither signed
human rights issues. U.N. organs such as the General
Protection of the Rights of All Migrant
nor ratified
Assembly and the Security Council sometimes address
Workers and Members of Their Families
human rights-related matters, as do other U.N. entities, such
(2003)
as the U.N. High Commissioner for Refugees and the
International Convention on the Rights of
Signed (2009), not
International Labor Organization.
Persons with Disabilities (2008)
ratified

International Convention for the
Neither signed
Human Rights Council
Protection of All Persons from Enforced
nor ratified
The U.N. Human Rights Council (the Council), a charter-
Disappearance (2010)
based body, is the primary intergovernmental body

mandated to promote and protect human rights globally. It
Office of the High Commissioner for Human Rights
is a subsidiary body of the General Assembly and is
The U.N. Office of the High Commissioner for Human
composed of 47 member states apportioned by geographic
Rights (OHCHR) primarily provides support to the work of
region and elected to (up to two consecutive) three-year
the Council and the treaty bodies, while also engaging in
terms. The Council implements the universal periodic
technical support with governments and working to
review (UPR) process, an evaluation of the extent to which
mainstream human rights throughout the U.N. system.
each member state is fulfilling its human rights obligations.
OHCHR is part of the U.N. Secretariat, which carries out
The Council can also create special procedures, which are
the day-to-day work of the United Nations. The High
mandates for independent human rights experts to report
Commissioner for Human Rights, currently Michelle
and advise on either cross-cutting thematic human rights
Bachelet, serves as the principal human rights official of the
issues or human rights conditions in specific countries (for
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link to page 1 Global Human Rights: Multilateral Bodies & U.S. Participation
United Nations; the position is nominated by the U.N.
Opponents of U.S. ratification argue that doing so may
Secretary-General and approved by the General Assembly.
infringe on U.S. sovereignty by obligating the United States
International Criminal Court
to take actions prohibited by the U.S. Constitution or state
The International Criminal Court (ICC) may prosecute
and local laws or that it may inhibit the ability of the United
individuals charged with war crimes, crimes against
States to act in service of its interests. Some are also
humanity, and genocide; it prosecutes such crimes
concerned about the role and influence of treaty monitoring
particularly when states are unwilling or unable to do so.
bodies on U.S. laws and policies. Ratification opponents
Alleged crimes are referred to the Court either by States
also question the overall effectiveness of the treaties in
Parties or the U.N. Security Council, or by decision of the
addressing human rights issues, noting many countries with
ICC Prosecutor subject to approval of the ICC Pre-Trial
poor human rights records have ratified treaties without
Chamber. Owing primarily to concerns over possible
taking action to improve human rights conditions.
prosecutions of U.S. personnel and citizens, the United
States is not a State Party to the Rome Statute, which
Proponents of ratification contend that doing so enhances
established the ICC in 2002.
U.S. leadership in promoting human rights. Not ratifying,
they argue, undermines the ability of the United States to
Regional Bodies and Mechanisms
pressure countries with lesser human rights records to
Regional human rights systems, established through
adhere to their treaty commitments. Some proponents of
regional intergovernmental membership organizations, have
ratification also argue that the inclusion of formal
reservations, understandings, and declarations as part of
also developed over time. The Organization of American
U.S. ratification can address sovereignty concerns, such as
States, for example, has affirmed human rights norms in its
by noting that treaty provisions are not self-executing and
charter and in numerous regional treaties. Regional human
require passage of domestic implementing legislation,
rights systems are well-positioned to address localized
and/or by properly delineating the respective roles and
human rights challenges; however, interest in promoting
authorities of federal, state, and local governments.
human rights among these bodies varies. In general,
regional organizations in Africa, the Americas, and Europe
Alternative Multilateral Bodies
are often the most active on human rights issues.
Some argue that the United States should also press human

Considerations for Congress
rights concerns through multilateral organizations with
broader mandates than the core human rights bodies. The
Congress influences U.S. participation in multilateral
Human Rights Council’s mandate is seen by some, for
human rights bodies and mechanisms through its oversight
instance, as overlapping with the General Assembly’s Third
and appropriations roles, as well as the Senate’s
Committee, which covers social, humanitarian, and cultural
constitutional advice and consent powers over treaties
issues, including human rights, and has universal
signed by the President. Key issues include the following:
membership. The Trump Administration has also advocated

addressing human rights issues through the U.N. Security
U.S. Human Rights Council Membership
Council, emphasizing the connection between human rights
Over the past decade, Congress has debated United States
and peace and security. Others argue that human rights-
membership in, and funding for, the U.N. Human Rights
focused bodies ensure that human rights issues receive
Council. Critics of U.S. engagement argue that the Council
consistent attention within the United Nations and provide
allows countries with poor human rights records to serve as
unique mechanisms not found in other bodies, such as the
members and that it focuses disproportionately on alleged
Council’s UPR process and special procedures.
human rights violations by Israel. Citing these concerns,
and after an unsuccessful effort to reform the Council to
Multilateral Versus Bilateral Approaches
address them, the Trump Administration announced in June
Overall, disagreements over the usefulness of multilateral
2018 that the United States was withdrawing from the
human rights mechanisms are sometimes nested within
Council. Administration officials later also indicated an
broader debates over the effectiveness of multilateral versus
intention to cut U.S. funding to the Council as well as to
bilateral diplomacy. Because actions in multilateral bodies
OHCHR. Some human rights organizations and Members
typically require majority support or even consensus,
of Congress expressed disappointment with the decision to
working through these bodies often necessitates complex
leave the Council. They contend that a withdrawal may
bargaining and compromise among member countries. By
exacerbate the Council’s shortcomings and cede U.S.
contrast, supporters of bilateral diplomacy note the potential
influence over global human rights debates to other
for greater U.S. control and influence, especially given
countries, including authoritarian regimes. Supporters of
typically favorable bilateral power dynamics. On the other
continued engagement argue that U.S. membership had
hand, the United States acting on its own may not provide
strengthened the Council’s work and its commitment to
the same level of international legitimacy and may result in
addressing human rights challenges.
narrower impacts than would similar multilateral efforts.

Treaties and U.S. Senate Ratification

The United States, despite protections for human rights in
U.S. domestic law and practice, has refrained from ratifying
Michael A. Weber, Analyst in Foreign Affairs
six of the nine core human rights treaties (as illustrated in
IF10861
Table 1) and seven of the nine related Optional Protocols.

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Global Human Rights: Multilateral Bodies & U.S. Participation

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