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International Convention on the Rights of Persons with Disabilities

UN ESCAP Workshop on Regional Follow-up to the Fifth Session and Preparation for the Sixth Session of the Ad Hoc Committee on an International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities
Bangkok, Thailand, 26-27 July 2005
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Programme : Presentation on Day 2

Text version of a PowerPoint Presentation:

International Human Rights Treaty System

Upala Devi Banerjee
Regional Project Coordinator - Lessons Learned Project
OHCHR Regional Office for Asia-Pacific

Slide 1

International Human Rights Treaty System

Upala Devi Banerjee
Regional Project Coordinator - Lessons Learned Project
OHCHR Regional Office for Asia-Pacific

2

Human Rights Standards

Declarations / Principles / Guidelines

  • Adopted by Intergovernmental Bodies
  • Not legally binding but authoritative

Treaties / Covenants / Conventions

  • Adopted by General Assembly
  • After ratification, legally binding

3

Human Rights Treaties as Sources of International Law

ICJ Statute, Article 38(1), provides sources of international law as :

  1. International Conventions,…
  2. International custom,…
  3. The general principles of law…
  4. Judicial decisions and the teachings of the most highly qualified publicists…

... International Human Rights Treaties

4

Ratification/ Accession Process

  • Signature
    • Does not bind the signatory
  • Ratification
    • Considered a party to a treaty
    • State’s consent to be legally bound
    • Can be invoked in domestic courts
  • Accession
    • Become a party to a treaty already negotiated and signed by other States
    • The same legal effect as ratification
  • Entry into Force
    • One month or three months after ratification
  • Incorporation
    • Domestic legislation
    • Other ways of incorporating a treaty into domestic law

5

 Core Human Rights Instruments

  • International Covenant on Civil and Political Rights (ICCPR, 1976)
    • Optional Protocol to the ICCPR (1976)
    • The Second Optional Protocol to the ICCPR, aiming at the abolition of the death penalty (1989)
  • International Covenant on Economic, Social and Cultural Rights (ICESCR, 1976)
  • Convention on the Elimination on All Forms of Racial Discrimination (CERD,1969)
  • Convention on the Elimination on All Forms of Discrimination against Women (CEDAW, 1981)
    • Optional Protocol to the CEDAW (2000)

6

Core Human Rights Instruments

  • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT, 1987)
  • Convention on the Rights of the Child (CRC, 1990)
    • Optional Protocol to the CRC on the involvement of children in armed conflicts (2002)
    • Optional Protocol to the CRC on the sale of children, child prostitution and child pornography (2002)
  • Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC, 2003)

7

Treaties and Their Monitoring Bodies

ICCPR Human Rights Committee
ICESCR Committee on Economic, Social and Cultural Rights
CERD Committee on the Elimination of Racial Discrimination
CEDAW Committee on the Elimination of Discrimination against Women
CAT Committee against Torture
CRC Committee on the Rights of the Child
MWC Committee on Migrant Workers

Slides 8 - 12

Ratifications/Accessions & Reservations

[The slides show tables of Asian countries and which of the treaties each country ratified.]

13

Obligations under the Treaties

International Human Rights Treaties...

  1. Protect individuals from human rights violations by the State or by third parties
  2. Promote knowledge on human rights
  3. Ensure an enabling environment for protection of human rights
  4. Legislate, amend, review or abolish laws in accordance with the Convention
  5. Submit State reports periodically (generally 2 to 5 years)
  6. Respond to the ‘Individual Communication Procedures’ and report follow-ups (ICCPR, CAT, CERD, CEDAW)
  7. Dispute settlement by negotiation, arbitration or ICJ

14

Obligations Under the Treaties

CEDAW and its Optional Protocol

Art.2: State party..to pursue by all appropriate means..without delay a policy of eliminating discrimination against women…

Art.2(b): To adopt appropriate legislative and other measures…prohibiting discrimination against women..

Art.7: States Parties shall undertake all appropriate measures to eliminate discrimination…in political and public life..

Art.9: States Parties shall grant women with equal rights as men to acquire, change or retain their nationality.

Art.18(1): States Parties ..submit..report on the legislative, judicial, administrative or other measures which they have adopted to give effect to the provisions of the present Convention..

Art.29: Any dispute between..States Parties..which is not settled by negotiation, …shall be submitted to arbitration...

O-P, Art. 2: Communications may be submitted by or on behalf of individuals or groups of individuals,.. claiming to be victims of a violation..

O-P, Art.7(4): The State Party shall give due consideration to the views of the Committee,… and shall submit to the Committee, within six months, a written response…

15

Links

Ratifications:

http://www.ohchr.org/english/countries/ratification/index.htm or
http://www.ohchr.org/english/bodies/docs/RatificationStatus.pdf [OHCHR Web>International Law> “Status of Ratifications of Human Rights Treaties”]

Reservations:

http://www.ohchr.org/english/bodies/docs/RatificationStatus.pdf [OHCHR Web>International Law> “Ratifications and Reservations”]
Search by Treaty Body Database http://www.unhchr.ch/tbs/doc.nsf [Ratifications and Reservations]

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