Committee Member Admits Opinions are Not Binding

By Wendy Wright | December 14, 2011

Do opinions from UN treaty committees matter?

That question was posed to Felice Gaer, Vice-Chairperson of the Committee against Torture. At a meeting hosted by the Soros Foundation and the Center for Reproductive Rights, she described how she has creatively re-interpreted the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to include abortion issues.

For example, Article 15 of the Convention prohibits the introduction of coerced testimony. She used this to criticize Chile for its practice of requiring women who seek treatment for a botched abortion to tell who performed the abortion.

But, the first questioner asked, what happens after the Committee releases its opinion?

Gaer readily conceded that human rights treaty bodies have no binding power. They put opinions “out in the ether and hope others pick it up.”

She wants non-governmental organizations to “name and shame;” to use the committees’ conclusions in litigation, public advocacy and to demand compensation.

Oftentimes, leftist groups present treaty committees’ opinions as if they were authoritative. Gaer mentioned that some groups have taken the CEDAW committee opinion telling governments to ensure that doctors are being trained to do abortions and incorporated it into their human rights training of medical professionals.

Legal, medical and academic professionals need to be aware of this tricky maneuver – and inform their colleagues that one of the architect’s of this scheme admits that committee opinions are not binding.

Share on Facebook
Share on Twitter