Recommendations of Human Rights Committees and Their Status Within the Slovak Legal Framework

Recommendations of Human Rights Committees and Their Status Within the Slovak Legal Framework Presented by: Dr. Šmigová Date: 13 October 2023 Outline - Human rights committees within international law - International treaties (IL interpretation) and the position of them in Slovak legal order (why?) - Position of recommendations of human rights committees in Slovak legal order Human Rights Committees Within International Law - UN system - Human rights universal system - UN Charter based - treaty based • Universal Declaration on Human Rights 1948 (no control mechanism) • Covenants, CERD, CAT, CEDAW, CRC, migrant workers, persons with disabilities, enforced disappearances) - treaty based committees (compliance mechanisms) • general recommendations, • report recommendations, • individual complaint recommendations (8+1) • quasi-judicial bodies? who? how? International treaties interpretation (VCLT) - a treaty shall be interpreted in good faith in accordance with the ordinary meaning to be given to the terms of the treaty in their context and in the light of its object and purpose - context for the purpose of the interpretation of a treaty: • text, including its preamble and annexes, • any agreement relating to the treaty, • any subsequent agreement between the parties regarding the interpretation of the treaty or the application of its provisions, • any subsequent practice in the application of the treaty which establishes the agreement of the parties regarding its interpretation and any relevant rules - supplementary means of interpretation (travaux preparators, circumstances when adopted) - a special meaning to be given to a term if it is established that the parties so intended - RECOMMENDATION? Position Within National Legal Orders - Spain • enforceability of UN treaty body recommendation: once an international human rights treaty is ratified by the state, there should be a mechanism within the state for the enforcement of a result adopted by a body established by that treaty 2003, CEDAW, Supreme Court o all ratifying States must adopt necessary means to protect the fundamental rights outlined in the Convention o state party shall give due consideration to the views of the Committee o international obligations relating to the execution of the decisions of the CEDAW Committee are a part of the Spanish legal order and enjoy a hierarchical position over ordinary domestic law - Slovakia • art. 7: precedence of international treaties over laws (some IT under some conditions) international treaties on human rights and fundamental freedoms, international treaties for whose exercise a law is not necessary, international treaties which directly confer rights or impose duties on natural persons or legal persons ratified and promulgated in the way laid down by a law • Ministry of Foreign Affairs: no formal procedure • no legally binding effect of the communications • Slovak Constitutional Court: these bodies differ from judicial-type bodies primarily in the result presenting their opinions in the form of a legally non-binding, although factually respected opinion Position within national legal orders - …might change (get specified...) - 2018 Andrea ruling, 2020 Banes to ruling, ... ?