Human Rights Council / Commission on Human Rights — Human Rights Law Notes

Human Rights Council / Commission on Human Rights

By 2005 the old UN Commission on Human Rights had become an embarrassment — States with dismal records sat on it precisely to shield themselves from criticism. So in 2006 the UN scrapped it and built a new body designed to be harder to capture: the Human Rights Council.

This topic is really a “before and after” story — learn the contrast and you have the answer.

A. The old Commission on Human Rights (1946–2006)

Created by ECOSOC under Charter Article 68 in 1946, it drafted the UDHR and the Covenants — a great achievement. But it grew discredited: abusive States sought membership to block scrutiny, and it was criticised for selectivity and politicisation.

B. The Human Rights Council (2006– )

Created by General Assembly Resolution 60/251 in 2006 to replace the Commission. Key features:

A subsidiary organ of the General Assembly (higher standing than the old ECOSOC commission).
47 member States, elected by the General Assembly with attention to their human-rights records and equitable geographic distribution.
Its signature tool is the Universal Periodic Review (UPR) — every UN member State’s human-rights record is reviewed on a regular cycle, so no State escapes scrutiny.
It also uses special procedures (special rapporteurs, working groups) and can hold special sessions on crises.

🧩 WORKED EXAMPLE — why the Council beat the Commission

Facts. “Compare the old Commission with the new Council.”

Rule. Score by contrasting standing, membership scrutiny and the review tool.

Apply. Commission: an ECOSOC body, captured by abusers, selective. Council: a GA subsidiary organ, members judged on their records, and the UPR reviews everyone.

Conclusion. The UPR’s universal, even-handed review is the reform that answers the old Commission’s chief flaw — selectivity.

GA Resolution 60/251 (2006): decides to establish the Human Rights Council “responsible for promoting universal respect for the protection of all human rights … in a fair and equal manner.”

In Simple Terms: The new Council was built to review every country on the same footing, so a State can no longer join simply to protect itself and attack others.

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    A --> B["Replaced 2006<br/>GA Res 60/251"]:::leaf
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    C --> D["Universal Periodic Review<br/>every State reviewed"]:::leaf
    C --> E["Special procedures<br/>rapporteurs, special sessions"]:::leaf
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Case Laws

No leading case; institutional topic examined as a short note.

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