The universal periodic review

Abstract

Human rights belong to every human being irrespective of their nationality, race, gender, origin, language, religion or status. These rights emanate from legislation, from treaties, from customary international law and other principles of law. Human rights are universal, inalienable, equal, non-discriminatory, interdependent and indivisible. However, this is only so if the State is willing to ratify or transpose and implement international human rights instruments into domestic law. Therefore human rights entail both rights to individuals and obligations on the State. Members of the United Nations assume obligations, duties and liabilities under public international law to respect, protect, fulfil and allow the promotion of human rights. States must undertake positive action to allow their people to enjoy their fundamental rights and freedoms; States must allow human rights bodies to monitor the manner in which the country exercises its powers vis-à-vis the rights of its people. Human rights bodies are local, regional or international. The United Nations has created many international treaty bodies and organisations defending human rights. Recently it overhauled one of the General Assembly's main human rights bodies, the Human Rights Commission, to establish the Human Rights Council. To further ensure the State's positive obligation to protect human rights, the Human Rights Council has established a unique mechanism named the Universal Periodic Review. This peer review holds Member States accountable by allowing them to set human rights standards and discuss them. This thesis discusses the origins of the Universal periodic Review, its aims, its success, its shortcomings and its potential whilst also investigating Malta's review.