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In Defense of Politicization of Human RightsThe UN Special Procedures$
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Elvira Domínguez-Redondo

Print publication date: 2020

Print ISBN-13: 9780197516706

Published to Oxford Scholarship Online: July 2020

DOI: 10.1093/oso/9780197516706.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 04 December 2021

The Politics of Reforming Special Procedures

The Politics of Reforming Special Procedures

(p.35) Two The Politics of Reforming Special Procedures
In Defense of Politicization of Human Rights

Elvira Domínguez-Redondo

Oxford University Press

The political nature of the decisions creating mandates has propitiated the development of pioneering methods of work because they provided a wide margin of autonomy to experts acting as mandate holders. Their less than solid normative basis has also allowed political contestation. The legal foundations have been particularly weak in justifying working methods to handle individual communications of human rights violations, since it represents an extraordinary limitation to the sovereignty of states. In this context, states have pushed for several reforms of the UN Special Procedures with different motivations. The reform agendas pursued by the Asian and African Group have been considered as particularly threatening for the future of Special Procedures. In practice, their number has continued to grow. Furthermore, several waves of reform have resulted in standardization of practices and the provision of sounder legal bases for the methods of work of mandate holders through the approval of the Code of Conduct, among other measures. The processes of reform have forced the consideration of Special Procedures as a distinct category in the political arena.

Keywords:   Asian Group, African Group, Code of Conduct, Like-Minded Group, UN reforms, Special Rapporteur, independent expert, Economic and Social Council

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