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 TERMS-
DEFINITIONS

Ratification

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 States parties Reservations
ICCPR

ICESCR

ICERD

CEDAW

CRC

CAT

CRPD

ICPPED

CMW
Ratifications of Optional Protocols and
acceptance of individual communications
Treaty Details

ICERD Declaration under art.14 (individual communications)

ICCPR Optional Protocol I

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.