Ratification of international human rights treaties OHCHR Treaty

Ratification of international human rights treaties OHCHR Treaty Body Capacity Building Programme

DISTINCTION OF TERMS § Signature § Ratification § Accession

DISTINCTION OF TERMS DEFINITIONS Signature Expresses the willingness of the signatory state to continue the treaty-making process. The signature qualifies the signatory state to proceed to ratification, acceptance or approval. It also creates an obligation to refrain, in good faith, from acts that would defeat the object and the purpose of the treaty.

DISTINCTION OF TERMSDEFINITIONS Ratification defines the international act whereby a state indicates its consent to be legally bound to a treaty.

DISTINCTION OF TERMS DEFINITIONS Accession § Act whereby a state accepts the opportunity to become a party to a treaty. It has the same legal effect as ratification. Accession usually occurs after the treaty has entered into force. § The Secretary-General of the United Nations, as depositary, has also accepted accessions to some conventions before their entry into force.

Ratification of treaties and reservations Treaty ICCPR ICESCR ICERD CEDAW CRC CAT CRPD ICPPED CMW States parties Reservations

Ratifications of Optional Protocols and acceptance of individual communications Treaty Details ICERD Declaration under art. 14 (individual communications) ICCPR Optional Protocol II (death penalty) ICESCR Optional Protocol CEDAW Optional Protocol CRC OPAC (children in armed conflict) OPSC (sale of children) OPIC (communications procedure) CAT Optional Protocol Declaration under art. 22 (individual communications) CRPD Optional Protocol

FREQUENT ARGUMENTS AGAINST RATIFICATION § Lack of technical & financial resources and capacity § Reporting requirement as an obstacle § Not an imminent priority § The idea that a State must be in full compliance with a treaty before it can be ratified (not correct as such)

RATIFICATION: WHAT’S IN IT FOR US? § Human rights treaties provide a legal basis and structure to support internationally agreed development goals (reflected in regional/national development strategies) § Strong link human rights-development: Measures at the domestic level need to be taken to ensure that legislation and policies conform to international standards

RATIFICATION: WHAT’S IN IT FOR US? - ARGUMENTS 1. Provides a legal regime of accountability; 2. Enables the realization of human rights and strengthens adherence to the rule of law; 3. Provides an opportunity to strengthen cooperation within government; 4. Provides an opportunity to strengthen cooperation with civil society on specific human rights issues;

RATIFICATION: WHAT’S IN IT FOR US? - ARGUMENTS 5. Provides an opportunity to receive international expert advice on improving the human rights situation; 6. Improves the international profile of countries; 7. Encourages a more effective system of aid, technical support and global justice; 8. SDGs will only be sustainable if State’s human rights obligations are respected and strengthened.