UNHRC Universal Periodic Review
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The Universal Periodic Review (UPR) of the UN Human Rights Council: An Overview
Introduction to the Universal Periodic Review (UPR)
The Universal Periodic Review (UPR) is a unique mechanism established by the United Nations Human Rights Council (UNHRC) in 2006. It aims to review the human rights records of all 193 UN Member States every four years. This peer-review process allows states to make recommendations to each other on improving human rights practices, fostering a global dialogue on human rights issues2 4.
Basis and Scope of the UPR
The UPR is grounded in several key documents, including the UN Charter, the Universal Declaration of Human Rights (UDHR), and various human rights instruments to which the state under review is a party. States also consider voluntary pledges and commitments made by the reviewed state. Notably, the UPR process does not strictly differentiate between "hard" and "soft" law, allowing for a broad interpretation of human rights1.
State Participation and Recommendations
States participating in the UPR process issue recommendations based on their interpretations of international human rights law (IHRL). An analysis of the first two cycles of UPR revealed that states have issued a total of 57,685 recommendations, reflecting their diverse understandings of human rights and preferences for certain legal sources. However, regional human rights instruments have been largely ignored in these recommendations1.
Impact on Human Rights Practices
The UPR has been instrumental in promoting human rights at the domestic level. For instance, it has been used to address issues related to sexual and reproductive health and rights, enhancing government accountability and fostering national dialogue among key stakeholders7. Additionally, the UPR has been identified as a valuable mechanism for advancing the right to health, although the quality of recommendations varies8 9.
Case Studies: North Korea and Australia
North Korea's Engagement with the UPR
North Korea's participation in the UPR is particularly noteworthy given its general rejection of other human rights mechanisms. North Korea has strategically accepted weak recommendations while rejecting more specific policy changes, allowing it to claim compliance with minimal effort. The UPR's reliance on self-reports and its non-adjudicative nature enable North Korea to challenge allegations of human rights abuses and advocate for a state-centric vision of human rights3.
Australia's UPR Experience
Australia's second UPR in 2015 highlighted significant international criticism regarding its treatment of asylum seekers and Indigenous Australians. Despite its high ranking on various health and social indicators, Australia faced scrutiny for its human rights record. The UPR process provided a platform for addressing these issues and underscored the importance of global collective action in achieving development goals and improving human rights6.
Challenges and Opportunities
The UPR process faces several challenges, including the persistence of North-South differences in human rights definitions and protections. However, the increasing number of democratic states has somewhat mitigated these dichotomies4. Additionally, the participation of non-governmental organizations (NGOs) and academic institutions as stakeholders in the UPR process has been crucial in highlighting human rights issues and influencing change10.
Conclusion
The Universal Periodic Review of the UN Human Rights Council represents a significant innovation in international human rights diplomacy. By providing a platform for peer review and dialogue, the UPR has the potential to enhance human rights practices globally. However, its effectiveness depends on the quality of recommendations, the engagement of key stakeholders, and the willingness of states to implement meaningful changes.
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Most relevant research papers on this topic
The Use of International Human Rights Law in the Universal Periodic Review
States have interpreted the term 'human rights' expansively in the Universal Periodic Review, using additional materials and rejecting distinctions between 'hard' and'soft' law.
The Universal Periodic Review of the UN Human Rights Council: an assessment of the first session
The Universal Periodic Review of the UN Human Rights Council shows promise in de-politicizing human rights and providing substantive output on improving human rights at domestic level.
North Korea’s participation in the Universal Periodic Review of Human Rights
North Korea's participation in the UNHRC's Universal Periodic Review allows it to claim compliance with human rights at minimal cost, while rejecting egregious abuses and challenging the legitimacy of other UN human rights mechanisms.
A Step Ahead in Promoting Human Rights? the Universal Periodic Review of the UN Human Rights Council
The Universal Periodic Review of the UN Human Rights Council has modestly reduced North-South differences in human rights definition and protection, while the global increase of democratic states slightly reduces this dichotomy.
Of Shaming and Bargaining: African States and the Universal Periodic Review of the United Nations Human Rights Council
African countries' participation in the Universal Periodic Review (UPR) highlights challenges and needs for further attention to fully realize its objectives.
Highly CitedUN-led Universal Periodic Review highly critical of Australia's record on human rights and health for Indigenous Australians
The UN-led Universal Periodic Review found Australia's human rights record and health for Indigenous Australians to be highly critical, highlighting the need for improved policies and accountability.
Rigorous JournalThe Universal Periodic Review: A Platform for Dialogue, Accountability, and Change on Sexual and Reproductive Health and Rights.
The Universal Periodic Review (UPR) can advance sexual and reproductive health and rights by enhancing government accountability and national dialogue, but should be combined with other human rights mechanisms and strong national protection systems.
The Universal Periodic Review
The Universal Periodic Review highlights the right to health in its recommendations, but the quality of these recommendations is uneven; increasing stakeholder engagement is crucial for enhancing its potential.
Literature ReviewThe Universal Periodic Review
The right to health is prominent in the Universal Periodic Review's recommendations, but the quality of these recommendations is uneven; increasing stakeholder engagement is crucial for enhancing its potential for promoting health.
Literature ReviewENGAGING WITH THE UN HUMAN RIGHTS COUNCIL’S UNIVERSAL PERIODIC REVIEW MECHANISM AS AN ACADEMIC
Academic institutions can contribute to the UN Human Rights Council's Universal Periodic Review (UPR) process, supporting human rights discourse and influencing change on the ground.
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