A CRITICAL ANALYSIS OF THE UNITED NATIONS HUMAN RIGHTS MONITORING MECHANISMS. THE UNIVERSAL PERIODIC REVIEW’S ROLE IN ADVANCING THE OBLIGATIONS AND MANDATES OF THE CEDAW

This thesis is based on the research and observations made during my internship at the United Nations Office of the High Commissioner of Human Rights in Geneva from the 13th of July 2022 to the 13th of January 2023. I worked at the Universal Periodic Review (UPR) Branch assisting with the drafting of the 42nd pre-session reports, supporting the 41st UPR Working Group session and supporting the 51st Human Rights Council sessions. Whilst performing my functions and tasks at the UPR Branch, I grew interest in the mandates and functions of other human rights monitoring mechanism, therefore I supported and observed the 83rd session and 85th pre-session of the Committee on the Elimination of all forms of Discrimination Against Women (CEDAW). The thesis entails an analysis of two main UN human rights monitoring mechanisms and examines how they interact to achieve their obligations and mandates. The two UN human rights monitoring mechanisms under review are the Committee on the Elimination of all forms of Discrimination Against Women and the Universal Periodic Review mechanism. The purpose of this study is to analyse the collective synergy between the two mechanisms and investigate whether the UPR mechanism is playing a role in advancing the mandates and obligations of CEDAW. The UPR mechanism is acclaimed as one of the most championed UN human rights mechanisms and its tribute is derived from its ability to increase visibility of human rights issues occurring in different member states to be discussed on a round table in the presence of fellow member states. The UPR mechanism was received positively by member states and that is evidenced by the total participation of all states since its inception. One of the most important characteristics of the UPR mechanism is that its allows participation of other UN human rights monitoring mechanisms, thus compelling states under review to consider more seriously recommendations stemming from other monitoring mechanisms which are referred to during the UPR’s Working Group sessions. CEDAW is one of the main UN human rights monitoring mechanisms, addressing issues on the discrimination against women, that participate and submit member state reports to the UPR mechanism. CEDAW is described as the international bill of rights for women and its mandate has undeniably been influenced and advanced by the UPR mechanism since its establishment. The UPR has a compelling effect because of its political nature created by the peer-to-peer process. Moreover, the UPR’s practice of accepting or noting recommendations creates a burden on member states to commit to the recommendations they have accepted and demonstrate in the next review how they have addressed and improved specific human rights violations. Although, the UPR mechanism was distinctly created to be different from Treaty bodies, the two mechanisms often overlap. Through this study we will be able to analyse and uncover the ways and extent the UPR influences CEDAW in advancing its mandates.