Special Procedures
Special Procedures
The Special Proceduresindependent human rights experts within the UN Human Rights Council with mandates to report and advise on human rights from a thematic or country-specific perspective. They are non-paid and elected for 3-year mandates that can be re-conducted for another three years. Special procedures can undertake country visits, and act on individual cases of reported violations by sending communications to States and others. They also engage in advocacy, raise public awareness, provide advice for technical cooperation, and contribute to the development of international human rights standards.
More are individual independent human rights experts, or groups of such experts, who report and advise on human rights issues related to a particular theme or a specific country.
Unlike the Treaty Bodies, Special Procedures can examine the situation in all countries, unless their mandate is focused on a single state.
As of March 2017, the Human Rights Councilan inter-governmental body within the United Nations which has the responsibility to promote and protect human rights. It is comprised of 47 member States, each elected to 3-year terms by the 193 member States of the United Nations. More oversees 43 thematic and 13 country-specific mandates.
Special Procedures may be referred to by various names, including Special Rapporteurs, Special Representatives, Working Groups, and Independent Experts.
Their responsibilities vary, but include: awareness-raising efforts, country visits, making recommendations to states, conducting thematic studies, and organising expert consultations or seminars related to their mandate. Additionally, Special Procedures mechanisms can contact Governments directly when they receive allegations of human rights violations through a communications procedure.
The reports of Special Procedures, including compilations of the communications sent to governments, are presented annually to the Human Rights Council or to the UN General Assemblythe main deliberative and policy-making organ of the United Nations which makes decisions on international issues such as development and peace and security. All 193 member States are represented, and each has one vote. More. Their tasks are defined in the resolutions creating or extending their mandates.
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ILGA World’s Engagement
How does ILGA engage with the Special Procedures?
Our work enables Special Procedures to examine, monitor, advise, and publicly report on sexual orientationrefers to a person’s capacity for profound emotional, affectional and sexual attraction to - and intimate and sexual relations with - individuals of a different gender or the same gender or more than one gender. More, gender identityrefers to a person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth. More, gender expressionrefers to how a person presents their gender through physical appearance – including dress, hairstyles, accessories, cosmetics – and mannerisms, speech, behavioural patterns, names and personal references. More and sex characteristicsa term that refers to physical features relating to sex - including genitalia and other sexual and reproductive anatomy, chromosomes, hormones, and secondary physical features emerging from puberty. More (SOGIESCabbreviation standing for sexual orientation and gender identity & expression, and sex characteristics. More) issues, and on the situation of LGBTIacronym for lesbian, gay, bisexual, trans and intersex people. Although this is not the acronym available to describe people of diverse sexual orientations, gender identities and expressions, and sex characteristics, it is the most commonly used in United Nations spaces and advocacy. More persons across a wide range of human rights.
Thematic mandates
ILGA supports the Special Procedures system by submitting information and reports on particular themes that relate closely to SOGIESC issues.
Country visitsmissions carried out by UN Special Procedure mandate holders to assess the situation of human rights in a specific country. During their missions, they will meet with national and local authorities, national human rights institutions, as well as with NGOs, civil society, and survivors of human rights violations. Findings, conclusions and recommendations of such missions are published in reports to the Human Rights Council. More
ILGA notifies local LGBTI organisations about upcoming country visits by Special Procedures.
We work with these organisations to ensure that mandate holders are able to meet with them and receive information that is relevant to their mandate.
Meetings with mandate holders
ILGA meets with mandate holders and their teams throughout the year to provide input and guidance on their work, as well as to remain informed of the themes of Special Procedures’ upcoming reports.
On an ongoing basis, we share information with our members and partners on upcoming opportunities to engage with the Special Procedures. Additionally, when human rights defenders are in Geneva, ILGA organises meetings for them with relevant Special Procedures, staff of the Office of the High Commissioner for Human Rightsthe leading UN entity on human rights, representing the world's commitment to the promotion and protection of the full range of human rights and freedoms set out in the Universal Declaration of Human Rights. More, Permanent Missions and non-governmental organisations.
Some examples of our work with the UN Special Procedures
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- July 2016 Guidance prepared by civil society for the UN consultative group on criteria for selection of candidates for the position of independent expert on SOGI.
The document was prepared by Sheherezade Kara and endorsed by the following civil society organizations: COC Netherlands, FOR-SOGI (Thailand), GALANG Philippines, ILGA, International Commission of Jurists, Iranti-org (South Africa), LGBT Denmark, Pacific Sexuality Diversity Network, PILIPINA Legal Resources Center, RFSL (Sweden) and Tonga Leitis Association.
- July 2016 Guidance prepared by civil society for the UN consultative group on criteria for selection of candidates for the position of independent expert on SOGI.
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- Compilation of the Adoption of the 2016 SOGI Resolution, compiled by ARC International and ILGA
THE SPECIAL RAPPORTEUR ON THE RIGHT TO HEALTH
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- Submission on the right to health of lesbian, gayadjective to describe people whose enduring physical, romantic, and/ or emotional
attractions are to people of the same gender. Men, women and non-binary people may use this
term to describe themselves. More, bisexual, transadjective/umbrella term to describe a person whose gender identity does not match the sex they were assigned at birth. More and intersex adolescents (jointly with ILGA’s Gender Identity and Gender Expression Programme)
- Submission on the right to health of lesbian, gayadjective to describe people whose enduring physical, romantic, and/ or emotional
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- Submission on the mental health of lesbian, gay, bisexual, trans and intersexan umbrella term for the spectrum of variations of sex characteristics that naturally occur within the human species. Intersex people are born with variations of sex characteristics (such as genitals, reproductive organs, hormonal and chromosomal patterns) that are more diverse than stereotypical definitions of male or female bodies. Up to 1.7% of the global population are born with such traits; yet, because their bodies are seen as different, intersex children and adults are often stigmatised and subject to harmful practices – including in medical settings - and discriminated against. More persons (jointly with ILGA’s Gender Identity and Gender Expression Programme)
- ILGA facilitated a meeting between the Special Rapporteur on Health and LGBTI activists from Asia, Africa, Central America and the Caribbean, and liaised with LGBTI activists in Paraguay in preparation for a country visit in September 2015.
THE SPECIAL RAPPORTEUR ON THE RIGHT TO ADEQUATE HOUSING
- Submission on the link between homelessness and the enjoyment of the right to adequate housing in regard to LGBTI persons.
THE WORKING GROUP ON THE ISSUE OF DISCRIMINATION AGAINST WOMEN IN LAW AND PRACTICE (WGDAW)
- Submission on discrimination in relation to the right to health and safety of lesbian, bisexual and intersex women and trans persons (jointly with ILGA’s Gender Identity and Gender Expression Programme).
Additionally, the UN Programme collaborated with other organisations to urge several Special Procedures to make a statement regarding the resolution on the Protection of the Family.
The letter by four mandate holders to the President of the Human Rights Council expressed deep concerns regarding the resolution’s conflicts with international human rights lawa legal system laying down obligations which States are bound to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, protect and fulfil human rights – including by putting into place domestic measures and legislation. Where domestic legal proceedings fail to address human rights abuses, mechanisms and procedures for individual complaints or communications are available at the regional and international levels to help ensure that international human rights standards are respected. More. ILGA later made a Submission to the UN High Commissioner for Human Rights to provide input on Human Rights Council resolution 29/22 on the protection of the family.
Letters from ILGA to the consultative group
(June 2017) Letter in relation to proposed criteria for selection and appointment of members for the UN Working Group on the issue of discrimination against women in law and in practice.
(May 2017) Letter in relation to the appointment of four Special Procedure mandate holders at the Human Rights Council’s 35th regular session.
* The Consultative Group is the body which provides recommendations to the Human Rights Council for Special Procedure Mandate holders
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