Diplomacy Training Program · Web viewProtocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts

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MAJOR UNITED NATIONS HUMAN RIGHTS INSTRUMENTS

Dr. Sarah Pritchard

1 An overview of UN human rights instruments2 An overview of the human rights treaty bodies 3 International Convention on the Elimination of All Forms of Racial Discrimination

Elimination of All Forms of Racial Discrimination (CERD) 19654 International Covenant on Civil and Political Rights (ICCPR) 19665 International Covenant on Economic, Social and Cultural Rights Economic, Social

and Cultural Rights (ICESCR) 19666 Convention on the Elimination of All Forms of Discrimination Against Women

(CEDAW) 1979 7 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment

or Punishment (CAT) 19848 Convention on the Rights of the Child (CROC) 19909 International Convention on the Protection of the Rights of All Migrant Workers

and Members of Their Families (MWC) 199010 The Convention on the Rights of Persons with Disabilities (CRPD) 200811 International Convention for the Protection of All Persons from Enforced

Disappearance (ICAPED) 2010

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1. An overview of UN human rights instruments

As a result of many years of standard-setting work, the UN has created a significant body of international human rights law. The International Bill of Rights with its four parts is regarded as constituting the main foundation of this body.

The website of the Office of the High Commissioner for Human Rights reproduces the text of the following international human rights instruments (as well as numerous instruments which are under development), including:

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Charter of the United Nations International Bill of Human Rights Universal Declaration of Human Rights International Covenant on Economic, Social and Cultural Rights International Covenant on Civil and Political Rights Optional Protocol to the International Covenant on Civil and Political Rights Second Optional Protocol to the International Covenant on Civil and Political

Rights, aiming at the abolition of the death penalty

Human Rights Defenders UN Declaration on the Right and Responsibility of Individuals, Groups and

Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: A/RES/53/144 (UN Declaration on Human Rights Defenders)

Proclamation of Teheran

Right of self-determination Declaration on the Granting of Independence to Colonial Countries and

Peoples General Assembly resolution 1803 (XVII) of 14 December 1962, "Permanent

sovereignty over natural resources" International Convention against the Recruitment, Use, Financing and

Training of Mercenaries

Prevention of discrimination United Nations Declaration on the Elimination of All Forms of Racial

Discrimination International Convention on the Elimination of All Forms of Racial

Discrimination International Convention on the Suppression and Punishment of the Crime of

Apartheid International Convention against Apartheid in Sports Discrimination (Employment and Occupation) Convention Convention against Discrimination in Education Protocol Instituting a Conciliation and Good Offices Commission to be

responsible for seeking a settlement of any disputes which may arise between States Parties to the Convention against Discrimination in Education

Equal Remuneration Convention Declaration on the Elimination of All Forms of Intolerance and of

Discrimination based on Religion or Belief Declaration on Fundamental Principles concerning the Contribution to the

Mass Media to Strengthening Peace and International Understanding, to the Promotion of Human Rights and to Countering Racialism, Apartheid and Incitement to War


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Declaration on Race and Racial Prejudice Declaration on the Rights of Persons Belonging to National or Ethnic,

Religious and Linguistic Minorities

Rights of women Declaration on the Elimination of All Forms of Discrimination against Women Convention on the Elimination of All Forms of Discrimination against Women Declaration on the Elimination of Violence against Women Convention on the Political Rights of Women Declaration on the Protection of Women and Children in Emergency and

Armed Conflict Optional Protocol to the Convention on the Elimination of Discrimination

against Women

Rights of the child Declaration on the Rights of the Child Convention on the Rights of the Child Optional protocol to the Convention on the Rights of the Child on the

involvement of children in armed conflict Optional protocol to the Convention on the Rights of the Child on the sale of

children, child prostitution and child pornography Declaration on Social and Legal Principles relating to the Protection and

Welfare of Children, with Special Reference to Foster Placement and Adoption Nationally and Internationally

Minimum Age Convention, 1973 (No. 138) Worst Forms of Child Labour Convention, 1999 (No. 182)

Slavery, servitude, forced labour and similar institutions and practices Slavery Convention Protocol amending the Slavery Convention Supplementary Convention on the Abolition of Slavery, the Slave Trade, and

Institutions and Practices Similar to Slavery Forced Labour Convention Abolition of Forced Labour Convention Convention for the Suppression of the Traffic in Persons and of the

Exploitation of the Prostitution of Others

Human rights in the administration of justice Standard Minimum Rules for the Treatment of Prisoners Basic Principles for the Treatment of Prisoners Body of Principles for the Protection of All Persons under Any Form of

Detention or Imprisonment United Nations Rules for the Protection of Juveniles Deprived of the Liberty Declaration on the Protection of All Persons from Being Subjected to Torture

and Other Cruel, Inhuman or Degrading Treatment or Punishment Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment


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Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Safeguards guaranteeing protection of the rights of those facing the death penalty

Code of Conduct for Law Enforcement Officials Basic Principles on the Use of Force and Firearms by Law Enforcement

Officials Basic Principles on the Role of Lawyers Guidelines on the Role of Prosecutors United Nations Standard Minimum Rules for Non-custodial Measures (The

Tokyo Rules) United Nations Guidelines for the Prevention of Juvenile Delinquency (The

Riyadh Guidelines) United Nations Standard Minimum Rules for the Administration of Juvenile

Justice ("The Beijing Rules") Declaration of Basic Principles of Justice for Victims of Crime and Abuse of

Power Basic Principles on the Independence of the Judiciary Model Treaty on the Transfer of Proceedings in Criminal Matters Model Treaty on the Transfer of Supervision of Offenders Conditionally

Sentenced or Conditionally Released Declaration on the Protection of All Persons from Enforced Disappearances Principles on the Effective Prevention and Investigation of Extra-legal,

Arbitrary and Summary Executions

Freedom of information Convention on the International Right of Correction

Freedom of association Freedom of Association and Protection of the Right to Organise Convention Right to Organise and Collective Bargaining Convention Workers' Representatives Convention Labour Relations (Public Service) Convention

Employment Employment Policy Convention Convention (No. 154) concerning the Promotion of Collective Bargaining Convention (No. 168) concerning Employment Promotion and Protection

against Unemployment Convention (No. 169) concerning Indigenous and Tribal Peoples in

Independent Countries

Marriage, Family and Youth


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Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

Recommendation on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages

Declaration on the Promotion among Youth of the Ideals of Peace, Mutual Respect and Understanding between Peoples

Social welfare, progress and development Declaration on Social Progress and Development Declaration on the Rights of Mentally Retarded Persons Principles for the protection of persons with mental illness and the

improvement of mental health care Universal Declaration on the Eradication of Hunger and Malnutrition Declaration on the Use of Scientific and Technological Progress in the

Interests of Peace and for the Benefit of Mankind Guidelines for the Regulation of Computerized Personal Data Files Declaration on the Rights of Disabled Persons Convention on the Rights of Persons with Disabilities and Optional Protocol Declaration on the Right of Peoples to Peace Declaration on the Right to Development International Convention on the Protection of the Rights of All Migrant

Workers and Members of Their Families Universal Declaration on the Human Genome and Human Rights (UNESCO)

Right to enjoy culture, international cultural development and co-operation Declaration of the Principles of International Cultural Co-operation Recommendation concerning Education for International Understanding, Co-

operation and Peace and Education relating to Human Rights and Fundamental Freedoms

Nationality, statelessness, asylum and refugees Convention on the Nationality of Married Women Convention on the Reduction of Statelessness Convention relating to the Status of Stateless Persons Convention relating to the Status of Refugees Protocol relating to the Status of Refugees Statute of the Office of the United Nations High Commissioner for Refugees Declaration on Territorial Asylum Declaration on the Human Rights of Individuals Who are not Nationals of the

Country in which They Live

War crimes and crimes against humanity, including genocide Convention on the Prevention and Punishment of the Crime of Genocide Convention on the Non-Applicability of Statutory Limitations to War Crimes

and Crimes against Humanity Principles of international co-operation in the detection, arrest, extradition

and punishment of persons guilty of war crimes and crimes against humanity


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Humanitarian law Geneva Convention for the Amelioration of the Condition of the Wounded

and Sick in Armed Forces in the Field Geneva Convention for the Amelioration of the Condition of Wounded, Sick

and Shipwrecked Members of Armed Forces at Sea Geneva Convention relative to the Treatment of Prisoners of War Geneva Convention relative to the Protection of Civilian Persons in Time of

War Protocol Additional to the Geneva Conventions of 12 August 1949, and

relating to the Protection of Victims of International Armed Conflicts (Protocol I)

Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)

A distinction can be made between general and special instruments. General instruments usually encompass a wide range of human rights. They are, in a broad sense, part of a constitutional order and operate within the framework of the UN or regional structures of international cooperation. General instruments include:

Universal Declaration of Human Rights (1948) European Convention for the Protection of Human Rights and Fundamental

Freedoms (1950) European Social Charter (1961) American Declaration of the Rights and Duties of Man (1948) American Convention on Human Rights (1969) African Charter on Human and Peoples’ Rights (1981)

In its classification of special instruments, the Office of the High Commissioner compilation uses the following categories:

right of self-determination prevention of discrimination rights of women rights of the child slavery, servitude, forced labour and similar institutions and practices human rights in the administration of justice freedom of information freedom of association employment marriage, family and youth social welfare, progress and development right to enjoy culture nationality, statelessness, asylum and refugees war crimes and crimes against humanity, including genocide humanitarian law


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Amongst these general instruments, there are three main objectives:

elimination of discrimination: Special instruments have been developed to combat racial discrimination, discrimination against women, discrimination based on religion or belief, discrimination in employment, occupation and remuneration, and discrimination in education;

protection of vulnerable persons and groups: Instruments address the special rights and interests of ethnic, religious and linguistic minorities, women, children, detainees and prisoners, workers, indigenous and tribal peoples, mentally retarded and mentally ill persons, disabled persons, migrant workers, stateless persons and refugees;

struggle against large-scale evil practices: These include genocide, apartheid, slavery and other forms of human exploitation, torture and other crimes against humanity.

The legal status of these different human rights instruments varies. Those referred to as declarations, principles, guidelines, standard rules and recommendations are not the same as treaties. They do not require ratification and are without direct binding legal effect. At the very least, they have undeniable moral force and are declaratory of principles broadly accepted within the international community. Some have acquired the status of customary international law.

On the other hand, international treaties, variously referred to as covenants, protocols and conventions, are legally binding on those States which ratify or accede to them. Many establish bodies to supervise implementation by States parties of their treaty obligations (so-called treaty bodies).

2. An overview of the human rights treaty bodies

The ten human rights treaty bodies are:

Human Rights Committee (CCPR) Committee on Economic, Social and Cultural Rights (CESCR) Committee on the Elimination of Racial Discrimination (CERD) Committee on the Elimination of Discrimination against Women (CEDAW) Committee against Torture (CAT) Subcommittee on Prevention of Torture (SPT) Committee on the Rights of the Child (CRC) Committee on Migrant Workers (CMW) Committee on the Rights of Persons with Disabilities (CRPD) Committee on Enforced Disappearance (CED)

All treaty bodies consider periodic reports submitted by States parties on the legislative, judicial, administrative and other measures taken to give effect to their


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treaty obligations. Treaty bodies also adopt “concluding observations” or “concluding comments” in relation to the periodic report.

The Human Rights Committee, CERD Committee and CAT Committee, must also consider communications by a State party concerned that another State party is not giving effect to the provisions of the relevant treaty. This is an optional procedure in the case of the Human Rights Committee and CAT Committee and to date there has been no instance of an inter-State communication.

Furthermore, the Human Rights Committee, CERD Committee, CAT Committee and CEDAW Committee, must consider communications from individuals claiming violations of their rights under the relevant treaty. This procedure is optional, and requires either ratification of an optional protocol (in the case of the ICCPR and CEDAW), or a declaration by the relevant State party recognising the competence of the treaty body to receive individual petitions (in the case of CERD and CAT). In all cases, the individual communication procedure is available only upon the exhaustion of local remedies.

All treaty bodies adopt “general comments” or “general recommendations” which seek to promote a better understanding of the provisions of the particular treaty. These do not address the situation in any specific State, but draw on experience gained through examination of a large number of reports by the treaty body.

3. International Convention on the Elimination of All Forms of Racial Discrimination (CERD) 1965

The International Convention on the Elimination of All Forms of Racial Discrimination was adopted by the General Assembly on 21 December 1965. It entered into force on 4 January 1969. As at 24 July 2011, there were 174 States parties to CERD.

In Article 1(1) the term “racial discrimination” is defined broadly as:

any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

According to this definition, a positive intention to discriminate is not a necessary precondition to racial discrimination. Parties to CERD undertake to pursue a policy of “eliminating racial discrimination ... and promoting understanding among all races'' (Article 2(1)). In particular, parties undertake to eradicate all practices of racial segregation and apartheid, to adopt immediate measures to eradicate incitement to, and acts of racial hatred and discrimination and to declare an offence punishable by law dissemination of ideas


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based on racial superiority or hatred, incitement to racial discrimination and acts of racist violence (Articles 3, 4).

In Article 5 States parties undertake “to prohibit and to eliminate racial discrimination ... and to guarantee the right of everyone, without distinction ... to equality before the law''. Article 5 contains a lengthy list of rights and freedoms in the enjoyment of which racial discrimination is to be eliminated and equality before the law guaranteed. These include civil and political, as well as economic, social and cultural rights.

The enumerated civil and political rights include:

right to equal treatment before the organs administering justice; right to security of the person and to protection against violence; right to participate in elections and to take part in government and in the

conduct of public affairs; freedom of movement; right to leave any country and to return to one's own country; right to nationality; right to marriage and choice of spouse; right to own property alone, as well as in association with others; right to inherit; freedom of thought, conscience and religion, and of opinion and expression;

and freedom of peaceful assembly and association.

Prohibition of racial discrimination is guaranteed in the enjoyment of, amongst others, the following economic, social and cultural rights:

right to work, to just and favourable conditions of work and to protection against unemployment;

right to form and join trade unions; right to housing; right to public health, medical care and social security; right to education and training, and right to equal participation in cultural activities.

The Convention aims to achieve not only de jure but also de facto racial equality. Thus, special measures taken in relation to certain racial or ethnic groups are not considered racial discrimination, provided that:

they do not lead to the maintenance of unequal or separate rights for different groups; and

they are not continued after the objectives for which they were taken have been achieved: Articles 1(4), 2(2).

The Committee on the Elimination of Racial Discrimination monitors compliance with the Convention. The Committee consists of 18 experts “of high moral standing


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and acknowledged impartiality''. The Committee is involved in monitoring compliance with the Convention in three ways:

a) States parties are required to submit periodic reports to the Committee on the legislative, judicial, administrative and other measures they have taken to give effect to the Convention.

b) The Committee may consider communications by a State party concerned that another State party is not giving effect to the provisions of the Convention. There is no requirement of specific recognition of the Committee's competence to receive inter-State complaints.

c) The Committee may also receive communications from individuals and groups of individuals claiming violations of their rights under the Convention. This procedure requires a declaration by the relevant State party recognising the competence of the Committee to receive individual petitions (pursuant to article 14), and is available only upon the exhaustion of local remedies.

In order to promote a better understanding of the provisions of CERD, the Committee also adopts “general recommendations”, comparable to the “general comments” of the Human Rights Committee in relation to the International Covenant on Civil and Political Rights. These do not address the situation in any specific State but draw on experience gained through examination of a large number of reports.

4. International Covenant on Civil and Political Rights (ICCPR) 1966

The International Covenant on Civil and Political Rights (ICCPR) was adopted by the UN General Assembly on 16 December 1966 and entered into force on 23 March 1976. As at 24 July 2011, there were 167 States parties to the ICCPR.

Article 1(1) of the ICCPR provides that

All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

Part II contains a number of general provisions. Article 2 requires States parties undertake to adopt legislative and other measures to give effect to the rights recognised in the Covenant and to ensure effective remedies for persons whose rights have been violated.

Article 3 contains an undertaking to ensure the equal right of men and women to the enjoyment of the civil and political rights enumerated in the Covenant.

Part III (Articles 6-27) contains a catalogue of civil and political rights. These include:


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right to life (Article 6) prohibition of torture and cruel, inhuman or degrading treatment or

punishment (Article 7) prohibition of slavery, servitude and forced or compulsory labour (Article 8) right to liberty and security of the person; freedom from arbitrary arrest or

detention (Article 9) right of persons deprived of their liberty to humane treatment (Article 10) prohibition of imprisonment for inability to fulfil a contractual obligation

(Article 11) right to liberty of movement and freedom to choose residence (Article 12) guarantee of a fair trial (Article 14) prohibition of the retroactive application of criminal law (Article 15) right to recognition as a person before the law (Article 16) prohibition of interference with privacy, family and home (Article 17) freedom of thought, conscience and religion (Article 18) freedom of opinion and expression (Article 19) prohibition of propaganda for war and advocacy of national, racial or religious

hatred (Article 20) right of peaceful assembly (Article 21) freedom of association, including the right to form and join trade unions

(Article 22) rights relating to the family and marriage (Article 23) right of every child to measures of protection (Article 24) right of the citizen to take part in the conduct of public affairs, to vote and be

elected, and to have access to public service (Article 25) equality of all persons before the law and equal protection of the law (Article

26)

Article 27 provides that members of ethnic, religious or linguistic minorities shall not be denied the right, in community with the members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language. In a General Comment on Article 27, the Human Rights Committee has stated that:

... positive measures by States may ... be necessary to protect the identity of a minority and the rights of its members. In their reports, States Parties should indicate the measures they have adopted to ensure the full protection of these rights. ... Although the rights protected under article 27 are individual rights, they depend in turn on the ability of the minority group to maintain its culture, language or religion. Accordingly, positive measures by States may also be necessary to protect the identity of the minority and the rights of its members to enjoy and develop their culture and language and to practise their religion, in community with other members of the group.

The General Comment recognises the significance of Article 27 in addressing the particular rights and interests of indigenous peoples:


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[T]he Committee observes that culture manifests itself in many forms, including a particular way of life associated with the use of land resources, specially in the case of indigenous peoples. That right may include such traditional activities as fishing or hunting and the right to live in reserves protected by law. The enjoyment of those rights may require positive legal measures of protection and measures to ensure the effective participation of members of minority communities in decisions which affect them.

In accordance with Article 28 a Human Rights Committee was established to supervise implementation of the ICCPR. The Committee consists of 18 members of high moral character and recognised competence in the field of human rights. The ICCPR establishes two supervisory procedures:

a) States parties are required to submit periodic reports to the Human Rights Committee on measures adopted to give effect to the rights recognised in the Covenant and on progress made in the enjoyment of those rights. At the end of the consideration of a report, the Committee formulates “concluding observations” addressed to the reporting State; and

b) States parties can recognise the competence of the Human Rights Committee to receive communications from States parties claiming that other States parties are is not fulfilling their obligations under the ICCPR. Unlike the equivalent procedure under CERD, the competence of the Committee to receive inter-State complaints does not result automatically upon ratification or accession.

The Human Rights Committee has also developed a practice of adopting “general comments”. These address specific articles of the ICCPR or particular issues arising under it. They reflect the experience gained by the Committee in considering a significant number of reports, representing various regions of the world and different political, legal and social systems.

The competence of the Human Rights Committee to receive individual communications is recognised by States becoming a party to the First Optional Protocol (1OP) to the ICCPR. The 1OP was adopted by the General Assembly on 16 December 1966. It entered into force on 23 March 1976. As at 24 July 2011, there were 114 States parties to the 1OP.

By becoming a party to the 1OP, a State party to the ICCPR recognises the competence of the Committee to receive and consider communications from individuals claiming to be victims of a violations of any of the rights set forth in the Covenant. The Committee cannot receive communications concerning States parties to the ICCPR not parties to the 1OP (Article 1(2)).


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Individuals claiming that their rights in the Covenant have been violated may submit a written communication to the Committee once “all available domestic remedies'' have been exhausted (Article 2).

5. International Covenant on Economic, Social and Cultural Rights Economic, Social and Cultural Rights (ICESCR) 1966

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted by the General Assembly on 16 December 1966. It entered into force on 3 January 1976. As at 24 July 2011, there were 160 States parties to ICESCR.

Part I (Article 1) contains a provision on self-determination, identical to that in the ICCPR. Part II (Articles 2-5) contains general provisions relevant to the enjoyment of all the rights set out in ICESCR. Under Article 2(1) each State party undertakes to adopt legislative and other measures, to the maximum of its available resources, with a view to achieving progressively the full realisation of the rights recognised in the Covenant. Under Article 2(2) States parties undertake to guarantee the exercise of the enunciated rights without discrimination. Article 3 contains an undertaking to ensure the equal right of men and women to the enjoyment of the economic, social and cultural rights enumerated in the Covenant.

Part III (Articles 6-15) contains a catalogue of economic, social and cultural rights. These include:

right to work (Article 6) right to the enjoyment of just and favourable conditions of work (Article 7) right to join and form trade unions and to strike (Article 8) right to social security (Article 9) protection of the family, marriage, maternity protection and special measures

of protection and assistance for children (Article 10) right to an adequate standard of living, including adequate food, clothing, and

housing and the continuous improvement of living conditions (Article 11) right to the enjoyment of the highest attainable standard of mental and

physical health (Article 12) right to education (Article 13) cultural rights, including rights to take part in cultural life, to enjoy the benefits

of scientific progress and its applications, and to the protection of moral and material interests resulting from scientific or artistic productions (Article 15)

The Committee on Economic, Social and Cultural Rights consists of 18 independent experts. At present, the reporting procedure is the only international measure for monitoring implementation of ICESCR. States parties undertake to submit reports on measures adopted and progress made in achieving the observance of the rights recognised in the Covenant (Article 16(1)). Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations (Article 17(2)).


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In order to promote a better understanding of the provisions of the ICESCR, the Committee also adopts “general comments”, comparable to those of the Human Rights Committee. These do not address the situation in any specific State but draw on experience gained through examination of a large number of reports.

The Committee on Economic, Cultural and Social Rights has in recent years also worked towards the adoption of an optional protocol to ICESCR.

6. Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) was adopted by the General Assembly on 10 December 1979. It entered into force on 3 September 1981. As at 24 July 2011, there were 187 States parties to CEDAW.

In Article 1 the term “discrimination against women” is defined as:

“any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.”

The definition of discrimination against women is broad. It prohibits unintentional as well as intentional discrimination (“purpose” or “effect”). The spheres in which discrimination is prohibited are public, as well as private (“political, economic, social, cultural, civil or any other field”).

Parties to CEDAW condemn discrimination against women in all its forms and agree “to pursue...a policy of eliminating discrimination against women” (Article 2). They undertake to ensure the existence of appropriate constitutional and legal structures to guarantee equality, to provide remedies for public and private acts of discrimination against women and to abolish laws and practices which constitute discrimination against women (Article 2(a)-(g)).

In its General Recommendation No. 12 on Violence Against Women, the Committee on the Elimination of Discrimination against Women noted that States parties are required under Articles 2, 5, 11, 12 and 16 to take appropriate steps to protect women against any kind of violence within the family, at the work place, or in any other area of social life.

Pursuant to Article 4(1), special measures aimed at accelerating de facto equality between men and women do not constitute discrimination as defined in the


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Convention. When the objectives of equality of opportunity or treatment are achieved, such measures are to be discontinued.

Other provisions of CEDAW impose obligations on States Parties to undertake measures:

with a view to eliminating prejudices and practices based on the inferiority or superiority of either of the sexes or on stereotyped roles (Article 5)

to suppress traffic in women and exploitation of prostitution of women (Article 6) and

to eliminate discrimination against women in political and public life (Article 7); in education (Article 10); in employment (Article 11); in health care (Article 12); in other areas of economic and social life (Article 13); and in matters relating to marriage and family relations (Article 16).

Pursuant to Article 15, States Parties undertake to accord to women equality with men before the law. Particular areas of the law in which women, especially married women, have traditionally experienced most discrimination are specified, including the recognition of legal capacity, conclusion of contracts, administration of property, freedom of movement and choice of residence and domicile. States parties must also grant women equal rights to acquire, change or retain their nationality (Article 9).

CEDAW pays particular attention to the special rights and needs of women in rural areas. By virtue of Article 14, State parties are required to take into account the problems of rural women and the special role they play in the economic survival of their families. States parties are obliged to take measures to eliminate discrimination against women in rural areas to ensure that they participate in, and benefit from, rural development. These measures shall ensure their rights to, amongst other things:

participate in the elaboration and implementation of development planning at all levels

have access to health care services and social security, education and training, credit, marketing facilities and appropriate technology,

equal treatment in land reform and land resettlement schemes and adequate living conditions.

Pursuant to Article 18, States parties are obliged to submit periodic reports on measures adopted to give effect to the provisions of CEDAW and on progress made. These should indicate factors and difficulties affecting the degree of fulfilment of obligations (Article 18 (2)).

The Committee on the Elimination of Discrimination Against Women has also adopted a number of general recommendations, observations and suggestions, in accordance with Article 22.


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On 6 October 1999, the UN General Assembly adopted an Optional Protocol to CEDAW. The Optional Protocol entered into force on 22 December 2000. As at 24 July 2011, there were 102 States parties to the Optional Protocol to CEDAW. These States accept the competence of the CEDAW Committee to receive communications from individuals or groups of individuals.

The Optional Protocol also establishes a procedure for cases where the Committee receives reliable information indicating grave or systematic violations by a State Party of rights set forth in CEDAW.

7. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984

The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) was adopted by the General Assembly on 10 December 1984 and entered into force on 26 June 1987. As at 24 July 2011, there were 149 States parties to CAT.

In Article 1 “torture'' is defined as:

[A]ny act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

Article 2(1) imposes an obligation on States parties to take effective legislative, administrative, judicial or other measures to prevent acts of torture in territories under their jurisdiction. Neither exceptional circumstances nor an order from a superior officer or a public authority may be invoked as a justification for torture (Article 2(2), (3)).

States parties undertake to ensure that all acts of torture, attempts to commit torture and complicity or participation in torture are offences under their criminal law, and are punishable by appropriate penalties (Article 4). In certain circumstances, States parties are required to take measures to establish their jurisdiction over such offences (Articles 5-7).

Each State party is obliged to ensure that individuals alleging they have been subjected to torture in territories under its jurisdiction have the right to complain to its competent authorities (Article 13). Victims of acts of torture are entitled to redress and have an enforceable right to fair and adequate compensation, including


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the means for as full rehabilitation as possible. In the event of the death of the victim as a result of torture, his or her dependants are entitled to compensation (Article 14).

Pursuant to Article 16, States parties undertake to prevent in territories under their jurisdiction “other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1.” The procedural guarantee in Article 13 entitles individuals alleging to have been subjected to such acts in territories under the jurisdiction of a State Party to complain to its competent authorities. However, CAT does not impose an obligation on States parties to ensure that such acts are offences under criminal law. Neither does CAT address the question of compensation for such individuals and their dependants.

In accordance with Article 17(1) a Committee against Torture consisting of 10 experts “of high moral standing and recognised competence” has been established:

a) States parties are required to report every four years on measures taken to give effect to their undertakings under CAT;

b) the Committee may also make such general comments as it considers appropriate (Article 19);

c) the Committee may also consider inter-State and, subject to a declaration recognising its competence having been made by the relevant State Party, as well as the exhaustion of available domestic remedies, individual communications (Articles 21, 22).

Disputes between States parties concerning the interpretation or the application of CAT can also be referred to the International Court of Justice (Article 29(1)).

Finally, CAT establishes a confidential procedure for the examination of reliable information containing “well-founded indications that torture is being systematically practised in the territory of a State party'' (Article 20). The powers of the Committee in connection with this procedure do not extend to acts of cruel, inhuman or degrading treatment or punishment.

8. Convention on the Rights of the Child (CRC) 1990

The Convention on the Rights of the Child (CRC) entered into force on 2 September 1990. As at 24 July 2011, there were 193 States parties to CAT.

CRC recognises that in addition to the full range of human rights recognised in international law, children are also entitled to a range of rights relating to their special needs and interests as children.

Part I (Articles 1-41) enumerates a number of general obligations, as well as a specific catalogue of the rights of children. In Article 1 the term “child” is defined as “every human being below the age of eighteen unless, under the law applicable to the child, majority is attained earlier.”


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Article 2 imposes upon States parties the obligation to respect and ensure the rights in CRC to each child within their jurisdiction without discrimination of any kind.

Article 3 (1) specifies a general standard against which national laws and practices are to be evaluated. It provides that in all actions concerning children, “the best interests of the child shall be a primary consideration.”

Pursuant to Article 5, States parties undertake to respect the responsibilities, rights and duties of parents or, where applicable, the members of the extended family or community, to provide “in a manner consistent with the evolving capacities of the child” direction and guidance in the exercise by the child of his or her rights.

CRC addresses the civil and political, as well as economic, social, cultural and humanitarian rights of the child. These include:

right to life and development (Article 6) right to protection from violence and neglect (Article 19) right to the highest attainable standard of health (Article 24) right to a standard of living adequate for the child’s physical, mental,

spiritual, moral and social development (Article 27) right to education in a manner directed to the development of respect for the

child’s cultural identity (Articles 28-29).

Of particular significance is CRC’s recognition of the rights of children belonging to ethnic, religious and linguistic minorities and indigenous children, in community with other members of their group, to the enjoyment of their culture, the practise of their religion and the use of their language (Article 30). Related to this is the obligation in Article 20, in the consideration of options for a child temporarily or permanently deprived of his or her family environment, to pay regard to the desirability of continuity in the child’s upbringing and to the child’s ethnic, religious and linguistic background.

Article 40 enumerates the rights of children in connection with alleged infringements of the penal law and requires the availability of a variety of dispositions.

Article 43 makes provision for the establishment of a Committee on the Rights of the Child. This Committee consists of 10 experts of high moral standing and recognised competence, who serve in their personal capacity. States parties undertake to report two years after the Convention’s entry into force, and thereafter every five years, on “measures ... adopted which give effect to the rights recognised ... and on ... progress made on the enjoyment of those rights”.

Article 45 lists various measures to foster effective implementation of CRC and to encourage international cooperation in the field of children’s rights. At present, CROC contains no provision for inter-State or individual complaints.

There are two optional protocols to CRC:


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Optional protocol on the involvement of children in armed conflicts (entry into force on 12 February 2002; as at 2 November 2003, 57 States parties)

Optional protocol on the sale of children, child prostitution and child pornography (entry into force on 18 January 2002; as at 2 November 2003, 64 States parties).

These optional protocols impose additional obligations upon States parties to them. They do not create procedures for individual complaints.

9. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC) 1990

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (MWC) was adopted by the General Assembly on 18 December 1990. It entered into force on 1 July 2003 following ratification or accession by 20 States. As at 24 July 2011, there are 44 States parties.

The Convention breaks new ground in defining those rights which apply to certain categories of migrant workers and their families, including:

"frontier workers", who reside in a neighbouring State to which they return daily or at least once a week;

seasonal workers; seafarers employed on vessels registered in a State other than their own; workers on offshore installations which are under the jurisdiction of a State

other than their own; itinerant workers; migrants employed for a specific project; self-employed workers.

It consists of the following parts:

I. Scope and definitionsII. Non-discrimination with respect to rights

III. Human Rights of all migrant workers and their familiesIV. Other rights of migrant workers and member of their families who are

documented or in a documented situationV. Provisions applicable to particular categories of migrant workers and

members of their familiesVI. Promotion of sound, equitable, humane and lawful conditions in

connection with international migration of worker and members of their families. These requirements include the establishment of policies on migration; the exchange of information with other States parties; the provision of information to employers, workers and their organizations on


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policies, laws and regulations; and assistance to migrant workers and their families. It establishes rules for the recruitment of migrant workers, and for their return to their States of origin. It also details the steps to be taken to combat illegal or clandestine migration.

VII. Application of the Convention (the MWC monitoring committee)VIII. General Provisions

IX. Final Provisions

The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families held its first session in March 2004. The Committee meets in Geneva and normally holds one session per year. Like the other treaty bodies, it will:

consider periodic reports, which States parties are obliged to submit initially one year after acceding to the Convention and then every five years, and address its concerns and recommendations to the State party in the form of “concluding observations”;

adopt general comments; and once 10 States parties have accepted the procedure in accordance with

article 77 of the Convention, under certain circumstances, consider individual complaints or communications from individuals claiming that their rights under the Convention have been violated.

9. The Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities (CRPD) was adopted by the General Assembly on the 13th of December 2006 and entered into force on the 8th of May 2008. As at 24 July 2011, there are 103 States parties.

The Convention is underscored by eight major guiding principles in relation to persons with disabilities:

Respect for inherent dignity, individual autonomy including the freedom to make one's own choices, and independence of persons

Non-discrimination Full and effective participation and inclusion in society Respect for difference and acceptance of persons with disabilities as part of

human diversity and humanity Equality of opportunity Accessibility Equality between men and women Respect for the evolving capacities of children with disabilities and respect for

the right of children with disabilities to preserve their identities

Unlike the other major human rights conventions, the CRPD is not formally divided into parts. Article 1 states the purpose of the Convention, “to promote, protect and


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ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity”.

Articles 2 and 3 provide definitions and general principles relating to the content on the Convention.

Articles 4-32 enumerate the rights of persons with disabilities and the corresponding obligations of states to uphold them. These generally correspond to other human rights instruments like the ICCPR and ICESCR, however rights specific to the CRPD include the right to personal mobility (Article 20), habilitation and rehabilitation (Article 26) and to participation in political and public life, and cultural life, recreation and sport (Articles 29 and 30). Article 8 also obliges states raise awareness on the rights of persons with disabilities.

Articles 33-39 detail the reporting and monitoring of the Convention.

Articles 40-50 concern ratification, entry into force and amendments to the Convention.

The Committee on the Rights of Persons with Disabilities has 18 experts tasked with monitoring the implementation of the Convention. States Parties are required to provide reports to the Committee every two years providing a comprehensive explanation on the progress made towards implementation of the Convention. Signatories to the Convention also participate in a yearly Conference of State Parties which is convened to consider any matter regarding implementation.

An Optional Protocol allows state parties to recognise the competence of the Committee to consider complaints from individuals relating to the rights of persons with disabilities.

10. International Convention for the Protection of All Persons from Enforced Disappearance

The International Convention for the Protection of All Persons from Enforced Disappearance (ICAPED) was adopted by the General Assembly on the 20 th of December 2006 and entered into force on the 23rd of December 2010. As at 24 July 2011, there are 29 States parties to the Convention.

Part I of the Convention (Articles 1-25) provides definitions and general principles relating to the Convention. Article 2 defines enforced disappearance as “the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law”. The remaining articles


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outline states’ obligations to ensure enforced disappearances do not take place, and that appropriate legal remedies are taken when they do.

Parties to the convention undertake to:

investigate cases of enforced disappearance and bring those responsible to account;

ensure that enforced disappearance constitutes an offence under national law;

establish jurisdiction over the offence of enforced disappearance when the alleged offender is within its territory, even if they are not a citizen or resident;

cooperate with other states to ensure that offenders are prosecuted or extradited, and to assist victims of enforced disappearance or locate and return their remains;

respect minimum legal standards around the deprivation of liberty, including the right for imprisonment to be challenged before the courts;

establish a register of those currently imprisoned, and allow it to be inspected by relatives and counsel;

ensure that victims of enforced disappearance or those directly affected by it have a right to obtain reparation and compensation.

Part II (Articles 26-36) details the establishment of a Committee on Enforced Disappearance consisting of 10 expert members tasked with monitoring the implementation of the treaty, including receiving reports from state parties outlining their progress of implementation. The Committee is also tasked with producing an annual report on the state of enforced disappearance to state parties and the General Assembly.

Part III (Articles 37-45) concerns ratification, entry into force and amendments to the Convention.


Documents

Diplomacy Training Program · Web viewProtocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts