The universal periodic review: evolving through challenges

Abstract

This thesis focuses on the new mechanism of the United Nations Human Rights Council – the Universal Periodic Review (UPR) and its current and perspective role in the United Nations (UN) human rights machinery. It starts by discussing the intergovernmental body of the UN, the Commission on Human Rights, and the reform that lead to the abolishment of the Commission and establishment of Human Rights Council. Then, it elaborates on the provisions stipulated for the UPR. Further, it analyses issues related to the practical implementation of the UPR and identifies contentious aspects that need to be resolved, offering possible options of addressing them. Finally, it looks towards the second cycle of the UPR, making suggestions that should be taken into account in the review of the mechanism that will take place after the end of the first cycle, and elaborates on the linkages between the UPR and the Treaty Bodies, the Special Procedures and the proposed World Court of Human Rights. The thesis concludes that the UPR has the potential to serve as a mechanism through which human rights situation on the ground could eventually be improved and international accountability of States could be increased, provided that it is implemented in an effective and result-oriented manner and with full commitment and genuine will and involvement of all the relevant stakeholders, including States and the nongovernmental organisations.