Major International Human Rights Treaties

This article inspects states’ decisions to obligate human rights treaties. It claims that the outcome of a treaty on a state – and hereafter the state’s interest to commit to it – is mainly resolute by the domestic execution of the treaty and the treaty’s security costs. These broad privileges give rise to numerous specific forecasts. For example, states with less representative organizations will be no less expected to commit to human rights treaties if they have poor human rights annals because there is a slight vision that the treaties will be obligatory. Contrariwise, states with more democratic organizations will be less expected to commit to human rights treaties if they have poor human rights annals – exactly because the treaties are likely to central to changes in conduct. These predictions are confirmed by examining the practices of more than 160 countries over some periods.

Introduction

On 10 December 1948, three years after the creation of the United Nations, the general assembly adopted the universal declaration of Human Rights.

The declaration enshrines the human rights and fundamental freedoms inherent to all individuals in all nations although not legally binding. It has universal value and has inspired more than 60 international legal instruments that together make up the international legal framework for the protection of human rights. Every human being is entitled to all the rights and freedoms in the declaration without distinction of any kind.

How does the UN respond to the expectations of the Rights Holders?

The UN charter established many bodies including The General Assembly, The Security Council, The Economic and Social Council m and The Secretariat headed by the secretary-general. A number of these or their subsidiaries have a human rights component. On 15th of March 2006, The General Assembly created the Human Rights Council a 47 member’s intergovernmental body whose purpose is to promote universal respect for the protection of all human rights and fundamental freedoms for the part of the Secretariat which has principal responsibilities for UN Human Rights activities in the office of the High Commissioner for Human Rights. It is located in Geneva, Switzerland.

The office acts as the Secretariat of the Human Rights Council and supports its bodies and mechanisms including its Advisory Committee Special Rapporteurs and working groups. It also provides support to the council about its Universal Periodic Review mechanism through this mechanism, the human rights record of each of the 192 member states of the United Nations are reviewed by the Human Rights Council every four years. The office also supports the work of the treaty bodies that monitor the implementation of the core human rights treaties.

The Human Rights Treaty Body System   

At the time, the Universal Declaration of Human Rights was adopted there was broad agreement that the rights it contains should be translated into obligations via treaties that would be legally binding on the states which accepted them. The General Assembly has adopted many human rights treaties covering a broad range of rights.

Nine of these treaties are considered as core treaties as they are inspired by the rights set out in the Universal Declaration and are based on the principle of non-discrimination and the quality. Some of these are supplemented by optional protocols that provide broader substantive protection to rights holders or create further procedures to encourage implementations.

These treaties are:-

International Convention on the Elimination of All Forms of Racial Discrimination

  1. International Covenant on Civil and Political Rights (which has two protocols on individual complains and on the death penalty the)
  2. The International Covenant on Economics, Social and Cultural Rights (which has one optional protocol allowing for individual or group petitions and state petitions and inquiries)
  3. The Convention on the Elimination of All Forms of Discrimination against Woman
  4. The Convention against Torture
  5. The Convention on the Rights of the Child
  6. The International Convention on the Protection of the Rights of All Migrant and Members of Their Families
  7. The Convention on the Rights of Persons with Disabilities
  8. The International Convention for the Protection of all Persons from Enforced Disappearance

Together, the Human Rights treaties constitute a set of complementary legally binding norms as all rights are interdependent indivisible and mutually reinforcing.

To become a party to these treaties a state must submit an instrument of accession or ratification to the United Nations secretary-general. When accepting a treaty, states can enter reservations. A statement indicating that it will be bound by a special provision of the treaty. A reservation cannot be incompatible with the object and the purpose of the treaty. The acceptance of the human rights treaty marks the beginning of a dynamic process of implementation of the rights set out in the treaty in the state party. The implementation of each of these treaties is monitored by a specific committee known as a human rights treaty body.

The committees are composed of between 10 and 25 members who are independent experts nominated and elected by states parties. They meet regularly at the United Nations generally in Geneva but sometimes in New York. They have several functions.

International Convention on the Elimination of All Forms of Racial Discrimination

The Convention was adopted on 21 December 1965 by resolution A/RES/61/177[iii] during the sixty-first session of the General Assembly. Under its article 38, The Convention shall be open for signature on 6 February 2007 in Paris, France, and thereafter at United Nations Headquarters in New York by all Member States of the United Nations.

The International Convention on the Elimination of All Form of Racial Discrimination (ICERD) accommodates states to take steps to exclude racial discrimination and promote understanding among all races.

International Covenant on Civil and Political Rights

United Nations,  Treaty Series, vol. 999, p. 171, and vol. 1057, p. 407 (procès-verbal of rectification of the authentic Spanish text); depositary notification C.N.782.2001. TREATIES-6 of 5 October 2001 [Proposal of correction to the original of the Covenant (Chinese authentic text)] and C.N.8.2002. TREATIES-1 of 3 January 2002 [Rectification of the original of the Covenant].

Human rights protected on Civil and Political Rights include the right to freedom of association, the right to vote, right to privacy, the right to a fair trial, the right to a fair trial, and the right to freedom of religion by the International Covenant. The First Optional Protocol to the ICCPR creates a mechanism to make complaints about breaches of their rights for individuals. The Second Optional Protocol alarms elimination of the death penalty.

International Covenant on Economic, Social and Cultural Rights

The Covenant was opened in New York on 19 December 1966 for signature.

The International Covenant on Economic, Social, and Cultural Rights (ICESCR) defends rights like the rights to a satisfactory standard of living, education, work, healthcare, and social security. The International Covenant on Economic, Social and Cultural Rights and the International Civil and Political Rights shape on the Universal Declaration of Human Rights by generating binding obligations for the state parties.

Convention on the Elimination of All Forms of Discrimination against Women New York, 18 December 1979

The Covenant was opened in New York on 19 December 1966 for signature.

Under the Convention of the Elimination of All Forms of Discrimination against Women (CEDAW), states must take ladders to eradicate discrimination against women and to confirm that women enjoy Human rights as men in a range of areas, including education, employment, healthcare, and family life to the same degree. The Optional Protocol [3] creates a mechanism for making complaints.   Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.  The Convention was adopted by resolution 39/46 of 10 December 1984 at the 39th session of the General Assembly of the United Nations, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic. The Convention is open by all States, by its article 25 for signature.
The Convention against Torture and Other Cruel, Inhuman, or other Degrading Treatment or Punishment (CAT) objects to avert torture around the world. It needs states to take steps to exclude torture within their boundaries. And it forbids states from sending a person to another country where he or she would be at risk of being exposed to torture. The Optional Protocol generates a system for regular examination of places of confinement. Convention on the Rights of the Child   The Convention was adopted by resolution 44/25 of 20 November 1989 at the 44th session of the General Assembly of the United Nations, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic. The Convention is open by all States at the Headquarters of the United Nations in New York for signature.

The Convention on the Rights of the Child (CRC) shapes that children are authorized to the same human rights as all other people. It also generates special rights for children, knowing their particular susceptibility, such as the right to express their opinions spontaneously, and that results from affecting children must reflect the best interests of the child.
There are two Optional Protocols on:- Child prostitution and pornography involvement of children in armed conflict International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
  The Convention was adopted by Resolution of 18 December 1990 at the 45th session of the General Assembly of the United Nations, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, The Convention is open by all States by its Article 86 (1) for signature. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families targets to confirm those migrant workers like full protection of their human rights, the unconcern of their legal status.
International Convention for the Protection of All Persons from Enforced Disappearance  
The Convention was adopted on 20 December 2006 during the 61st session of the General Assembly by resolution. Under the Convention shall be open for signature on 6 February 2007 in Paris, France, and afterward at United Nations Headquarters in New York by all Member States of the United Nations with its article 38. The Convention on the Rights of Persons with Disabilities objects to avert, protect, and confirm that Each State Party shall take the necessary measures to ensure that enforced disappearance constitutes an offense under its criminal law. The most seriousness of enforced disappearance, which set up a crime and, in a specific situation defined in international law, a crime against humanity, Convention on the Rights of Persons with Disabilities   The Convention was adopted on 13 December 2006 during the 61st session of the General Assembly by resolution.  Under its article 42, the Convention shall be open for signature at United Nations Headquarters in New York as of 30 March 2007 by all States and by regional integration organizations.
The Convention on the Rights of Persons with Disabilities objects to avert, protect, and ensure the full and equal enjoyment of all human rights by persons with inability. It involves the right to health, education, employment, accessibility, and non-discrimination. The Optional Protocol [3] creates an individual complaints mechanism.

Conclusion

 Treaties, presently the most impartial source demonstrating the consent of States, must be in the script under the principles and rules recognized by international law to which they are all lawfully bound. The legitimacy of a treaty rests on greatly on the aptitude (and consent) of the parties to settle an agreement and execution it. In essence, treaties are the legal appliances of the highest agreement between States. Treaties have become a means of preventive international casualness, sanctify the conciliation of interests, alleviate the balance of power, and deliver assurances within an unsolidified and changing environment.

Frequently Asked Questions  

  • What is the difference between signing and ratifying a treaty?
  • What are reservations to human rights treaties, and what do they mean?
  • Do regional human rights treaties contradict the universality of human rights?
  • How many states have ratified human rights treaties?
  • Can a state denounce a human rights treaty it has ratified?

References

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