The un human rights council and its predecessor – the commission on human rights: standard-setting and monitoring activities

Purpose: To analyse the legal background of the activity of the UN Commission on Human Rights and the UN Human Rights Council in the sphere of standard-setting and monitoring. Methodology: Historical-legal, formal-juridical and comparative-legal models are applied, in conjunction with tailored theoretical frameworks. This article is based on the author’s essay submitted to the University of Leeds, UK (15.05.2012). Outcomes: The Human Rights Council, an international human rights protection body within the UN system, which replaced the Commission on Human Rights, is an institution that holds primary importance. As such, it has been accorded the necessary competences to promote and protect of human rights at the global level. The article outlines the historical development of the UN Commission on Human Rights and Human Rights Council, provides a general assessment of the activity of UN Human Rights Council, and reveals the specific features of this activity and the challenges arising. The author suggests that the Commission on Human Rights functioned successfully, and supported the creation of an international human rights framework. Although some UN member states attempted to use it as a tool by which to advance their own political objectives, the Commission was able to withstand this practice. Nevertheless, heavy criticism of the Commission and political endeavours of numerous countries reached a peak in the early 2000s, and ultimately led to its abolition and the subsequent creation of the Human Rights Council. The Human Rights Council enjoys a higher status and broader mandate than its predecessor, enabling it to redress the shortcomings that affected the work of the Commission. The Council also faces numerous challenges generated by the political interests of individual states; however, it is presumed that these problems can be overcome with the support of non-governmental organisations and national human rights institutions. Novelty/originality/importance: The author’s general assessments and conclusions provide valuable new insights which will highly contribute to continuing scientific and practical activity.