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Human Rights Explained: Fact sheet 6:How States commit to Human Rights Treaties

Education
Friday 14 December, 2012

Human Rights Explained

Fact sheet 6: How nation States commit to Human Rights
Treaties

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The process of committing to international human rights treaties
involves:

Signing international human rights
treaties

If Australia signs an international human
rights treaty it is making a preliminary endorsement of the treaty.

Signing the instrument does not create a binding
legal obligation but does demonstrate the State’s intent to examine the
treaty domestically and consider ratifying it.

Ratifying international human rights
treaties

States that are members of the UN can elect to ratify or accede to a treaty
or convention. Ratification or accession is a voluntary undertaking by the
State to be bound by the terms of the treaty under international law.

Though accession has the same effect as ratification, the process differs. In
the case of ratification, the State first signs and then ratifies the treaty.
The process for accession has only one step - it is not preceded by an act of
signature.

If a State chooses to ratify and 'become party' to a human rights treaty,
that country is obliged to ensure that its domestic legislation complies with
the treaty's provisions.

In the case of major human rights treaties, the obligations of State Parties
include regular reporting to and scrutiny by, UN human rights bodies. If a State
fails to comply with the terms of the treaty, that country will be in breach of
international law.

Reservations and understandings

Reservations and Understandings are statements made by State Parties at the
end of a Convention, which limit some of their obligations under the terms of
the Convention.

The Australian Government has made reservations to specific Articles in
Conventions where the requirement of the Article conflicts with an area of
domestic law. 

Making international human rights treaties part of
domestic law

Each State must create legislation that incorporates the articles of
Conventions that have been ratified. This process can differ according to each
State’s legal system.

For example, in the United States all international conventions are
automatically considered part of federal law after the convention has been
ratified, owing to their Constitution. In Australia however, federal legislation
needs to be created by parliament for a convention to be binding in Australia.
Depending on the area of law, Australian states and territories may also be
required to introduce relevant legislation.