A United Nations High Commissioner for Human Rights
In: Springer eBook Collection
1 International Human Rights Activity -- A. Prior to the United Nations -- B. The United Nations and Human Rights -- C. Achievements of the United Nations -- D. NGOS and Human Rights at the United Nations -- E. The Nature of the Problem -- 2 The Development of the High Commissioner Proposal -- The Cassin proposals -- The United Nations High Commissioner for Refugees -- The proposals of the Consultative Council of Jewish Organizations and of Uruguay -- Revival -- The Costa Rica draft in the works -- The Working Group's draft -- The Commission on Human Rights approves -- ECOSOC approves -- In the Assembly -- 3 The Functions of the High Commissioner -- Subject matter -- Analogy with an Ombudsman -- General duty to assist in promoting and encouraging -- Subparagraph (a): advice and assistance to UN organs -- Subparagraph (b): assistance and services to states -- Subparagraph (c): communications -- Subparagraph (d): reporting -- A wider view of subparagraph (d): a "good offices" function -- Some general considerations -- The exhaustion of domestic remedies -- Discretion versus publicity in the High Commissioner's operations -- The prospects for evolution -- 4 Some Administrative Matters and the Issue of Collegiality -- Appointment and financing -- Relations with the Secretary-General -- Relationship with implementation organs -- The panel of expert consultants -- 5 The Constitutionality of the Office, Particularly in the Light of Article 2, Paragraph 7 of the Charter -- A. Article 2, Paragraph 7 of the Charter -- B. The Argument that the Charter Requires a Collegiate Body and not an Individual -- C. The Argument that Individuals can not be Subjects of International Law -- 6 The High Commissioner as a Law Promotor Rather Than a Law Enforcer -- The High Commissioner as part of a political process -- The High Commissioner as a catalyst for the creation of international customary law -- A promotor, not an enforcer or protector -- 7 Conclusions -- The High Commissioner would not be a mere stop-gap -- An unwelcome proliferation? -- Why not leave the job to the Secretary-General? -- The implications of the proposal for international organization -- The advantages -- What the future holds -- Appendix I Resolution Adopted by the Economic and Social Council at Its 1479th Plenary Meeting on 6 June 1967 (Question concerning the implementation of human rights through a United Nations High Commissioner for Human Rights or some other appropriate international machinery) -- Appendix II United Republic of Tanzania: Amendments to Draft Resolution IV Approved by the Commission on Human Rights at Its Twenty-Third Session on the Question Concerning the Implementation of Human Rights through a United Nations High Commissioner for Human Rights or Some Other Appropriate International Machinery -- Appendix III Outline of Headings Sent to States by the Secretary-General When Inviting Reports on Civil and Political Rights for the Period 1 July 1965 to 30 June 1968.