Supporting or Resisting? The Relationship between Global North States and Special Procedures

Nolan, Freedman & Murphy (ed) The UN Special Procedures (Brill, Forthcoming)

28 Pages Posted: 5 May 2016

See all articles by Rosa Freedman

Rosa Freedman

University of Reading - School of Law

François Crépeau

McGill University - Faculty of Law

Date Written: May 5, 2016

Abstract

Scrutiny of the relationship between Special Procedures and States typically focuses on mandate holders’ independence and expertise, as well as the impact of their work ‘on the ground’. Global South countries have been criticised for ignoring visit requests, resisting recommendations contained within reports, and seeking to undermine Special Procedures by introducing new, vague mandates on subjects not traditionally viewed as falling within the human rights matrix. Little attention, however, has been paid to the relationship between Global North States and Special Procedures. This chapter will interrogate the relationship between those countries and mandate holders, individually, and the system more broadly. The research will demonstrate that while Global North States typically have supported Special Procedures mandates – through sponsoring, promoting or voting for them as well as through financial contributions – they tend only to engage fully with mandates where the focus is on civil and political rights or on certain categories of vulnerable groups. Using four case studies – the UK and adequate housing, Canada and food, the EU and migrants, the US and poverty – we shall explore the ways in which Global North States often resist and undermine particular mandate holders’ activities. Analysis will focus on the reasons for that resistance, which challenge the principle of universality of human rights. In particular, we shall highlight the ideological divisions that remain, despite Global North States paying lip service to the indivisibility of human rights. As well, we shall document the increasingly frequent political attitude of many Global North States who insist that, considering their human rights record, they ought not to be visited and criticised by Special Procedures mandate holders, who should rather concentrate their energy on States with much worse human rights records.

Keywords: Special Procedures, United Nations, Human Rights

Suggested Citation

Freedman, Rosa and Crépeau, François, Supporting or Resisting? The Relationship between Global North States and Special Procedures (May 5, 2016). Nolan, Freedman & Murphy (ed) The UN Special Procedures (Brill, Forthcoming) , Available at SSRN: https://ssrn.com/abstract=2775618

Rosa Freedman (Contact Author)

University of Reading - School of Law ( email )

Reading, RG6 6AH
United Kingdom

François Crépeau

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec H3A 1W9
Canada

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