Legal Issues On The International Supervision Mechanism Of Human Rights

Although some regions, such as the Europe, America and Africa, have set up regional humanrights courts and tried to promote those countries located in the regions to carry out the obligationsof respecting and safeguarding human rights through regional judicial organs of human rights,international supervision is still the major means to ensure every country to carry out theobligations of respecting and safeguarding human rights in the global level. The global humanrights supervision mainly consists of political supervision (or the human rights supervision set upaccording to the UN Charter) and the supervision implemented by international treaties of humanrights. Because current international supervision mechanism implemented by human rights treatiescannot completely effectively promote every country to carry out the obligations of respecting andsafeguarding human rights, consequently, it’s quite necessary to deliberate the methods promotingevery country to carry out the obligations of respecting and safeguarding human rights, whichfurthermore improves current international supervision mechanism implemented by human rightstreaties and makes it operate better. This thesis imposes stress on the reasons for requiringinternational supervision mechanism of human rights, major forms of international supervision ofhuman rights and its positive and negative influences on making every country carry out theobligations of respecting and safeguarding human rights, and explores the methods for promotingevery country to carry out the obligations of human rights in order to improve current internationalsupervision mechanism implemented by human rights treaties. The major research methods of thisthesis comprise empirical analysis, comparative analysis, value analysis and international relationstheory. In particular, this thesis puts empirical analysis on major forms of international supervisionof human rights and actual situation of carrying out human rights obligations, comparativeanalysis on the comparison between the ideal direction and realistic limitations of internationalsupervision mechanism of human rights, value analysis on defining ideal direction of internationalsupervision mechanism of human rights and international relations theory on concluding thereasons for requirement of international supervision mechanism of human rights. The conclusionsare as follows: international society requires international supervision mechanism of human rightsfor the reason that the anarchic international society needs to set up an order in which humanrights protection is quite important, the smooth operation of international human rights lawdepends on the implementation of every country and international supervision mechanism ofhuman rights could guarantee every country to implement international human rights law. Themajor forms of international human rights supervision consist of political supervision, global legalsupervision, and regional human rights supervision. The ideal direction of internationalsupervision mechanism of human rights comprises both the ideal direction of international humanrights norms and the ideal direction of international supervision organs of human rights. Inparticular, the ideal direction of international human rights norms is that the rules of internationalhuman rights documents are clear, definite and have operability strengthened; conflicts of rightsare solved; the source and content of human rights obligations of countries are consistent. Theideal direction of international supervision organ should be that the decision-making andinterpretive process must be perceived as credible and authoritative to those to whom its decisionsare directed. This decision-making process must have fair, well-developed mechanisms forhearing and resolving disputes presented through agreed upon, credible procedures and so on. Thelimitations of international supervision mechanism of human rights consist of the defect of enforcement measures themselves, the flaws of the scope of application of enforcement measuresand various considerations given by every country when they apply enforcement measures ofinternational human rights protection. International supervision mechanism of human rights couldbe improved in some major ways as follows: defining the norms of human rights treaties, makingthe non-governmental organizations, human rights clinic and acculturation play a positive role.