Os Procedimentos Especiais de direitos humanos das Nações Unidas e os desafios no exercício de suas funções: a relação relator-governo e o caso do imposto do quarto

Abstract

This paper aims to analyze the systematization of the United Nations‟ Special Procedures System of Human Rights in order to understand the challenges of the relation between this mechanism and national states. The research starts from a historical bias of the United Nations promotion and protection of human rights development, of which the Human Rights Commission went from a passive posture (1947), to an active one (1967), concerning complaints of human rights violations. The creation of independent and more effective protection mechanisms, able to address human rights violation around the world, either on thematic or specific countries, caused a reaction of resistance from several states. As a result, this Special Procedures System went through 1998 to 2006 by three reforms, which the last sought to delimit its operations through a Code of Conduct. Thus, in order to better understand these challenges, a case study was performed which the Special Rapporteur for adequate housing, Raquel Rolnik, carried a fact-finding mission to the United Kingdom to analyze a housing policy and came into conflict with the Conservative Party chairman. Once the overcoming of human rights violations in its most various themes are put onto the agenda, this paper seeks to give visibility to the challenges of the relation between those who can make recommendations to achieve the change and those which can effectively implement them – the special procedures and the states, respectively. By response, it is noticed the importance of the states as the main agents to effectively transform the adversities within themselves.