Académique Documents
Professionnel Documents
Culture Documents
International Bill of Human Rights Signature Ratification Accession Succession Entry into Force
19 Dec
International Covenant on Economic, Social and Cultural Rights 1966
7 Jun 1974
Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty
Not signed
Women's Human Rights Signature Ratification Accession Succession Entry into Force
United Nations Convention against Transnational Organized Crime 14 Dec 2000 28 May 2002
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing the United Nations Convention against Transnational
Organized Crime Preamble, supplementing the United Nations Convention against
Transnational Organized Crime 14 Dec 2000 28 May 2002
Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the
United Nations Convention against Transnational Organized Crime 14 Dec 2000 28 May 2002
Slavery and Slavery-Like Practices Signature Ratification Accession Succession Entry into Force
Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions
and Practices Similar to Slavery
17 Nov 1964
Convention for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others 20 Dec 1950
19 Sep 1952
Protection from Torture, Ill-Treatment and Disappearance Signature Ratification Accession Succession Entry into Force
European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment Not signed
Protocol No. 1 to the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment Not signed
Protocol No. 2 to the European Convention for the Prevention of Torture and inhuman or
Degrading Treatment of Punishment Not signed
Rights of the Child Signature Ratification Accession Succession Entry into Force
Optional Protocol to the Convention on the Rights of the Child on the involvement of
children in armed conflicts 8 Sep 2000
26 Aug 2003
Convention concerning the Prohibition and Immediate Action for the Elimination of the
Worst Forms of Child Labour
28 Nov 2000
Freedom of Association Signature Ratification Accession Succession Entry into Force
Employment and Forced Labour Signature Ratification Accession Succession Entry into Force
Convention concerning Occupational Safety and Health and the Working Environment Not signed
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families Not signed
Refugees and Asylum Signature Ratification Accession Succession Entry into Force
Nationality, Statelessness, and the Rights of Aliens Signature Ratification Accession Succession Entry into Force
Convention on the Reduction of Statelessness Not signed
Convention relating to the Status of Stateless Persons Not signed
War Crimes and Crimes Against Humanity, Genocide, and Terrorism Signature Ratification Accession Succession Entry into Force
Law of Armed Conflict Signature Ratification Accession Succession Entry into Force
6 Oct 1952
Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in (rat/acced)
Armed Forces in the Field 8 Dec 1949
Geneva Convention for the Amelioration of the Condition of Wounded, Sick and 6 Oct 1952
Shipwrecked Members of Armed Forces at Sea (rat/acced)
8 Dec 1949
6 Oct 1952
Geneva Convention relative to the Treatment of Prisoners of War (rat/acced)
8 Dec 1949
6 Oct 1952
Geneva Convention relative to the Protection of Civilian Persons in Time of War (rat/acced)
8 Dec 1949
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the
Protection of Victims of International Armed Conflicts (Protocol I) 30 Mar 2012
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the 11 Dec 1986
Protection of Victims on Non-International Armed Conflicts (Protocol II) (rat/acced)
Terrorism and Human Rights Signature Ratification Accession Succession Entry into Force
International Convention for the Suppression of the Financing of Terrorism 16 Nov 2001
7 Jan 2004
International Convention for the Suppression of Unlawful Seizure of Aircraft 16 Dec 1970
26 Mar 1973
U.N. Activities and Employees Signature Ratification Accession Succession Entry into Force
Convention on the Safety of United Nations and Associated Personnel 27 Feb 1995
17 Jun 1997
[European] Convention for the Protection of Human Rights and Fundamental Freedoms Not signed
Protocol to the Convention for the Protection of Human Rights and Fundamental
Freedoms Not signed
Protocol No.2 to the 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms Not signed
Protocol No.3 to the 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms Not signed
Protocol No.4 to the 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms Not signed
Protocol No.5 to the 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms Not signed
Protocol No.6 to the 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms Not signed
Protocol No.7 to the 1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms Not signed
Protocol No. 8 to the 1950 European Convention for the Protection of Human Rights
and Fundamental Freedoms Not signed
Protocol No. 9 to the 1950 European Convention for the Protection of Human Rights
and Fundamental Freedoms Not signed
Protocol No. 10 to the 1950 European Convention for the Protection of Human Rights
and Fundamental Freedoms Not signed
Protocol No. 11 to the 1950 European Convention for the Protection of Human Rights
and Fundamental Freedoms Not signed
Protocol No. 12 to the 1950 European Convention for the Protection of Human Rights
and Fundamental Freedoms Not signed
European Convention for the Prevention of Torture and Inhuman or Degrading
Treatment or Punishment Not signed
Protocol No. 1 to the European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment Not signed
Protocol No. 2 to the European Convention for the Prevention of Torture and inhuman or
Degrading Treatment of Punishment Not signed
African Regional Conventions Signature Ratification Accession Succession Entry into Force
African [Banjul] Charter on Human and Peoples' Rights * Not signed
Convention Governing the Specific Aspects of Refugee Problems in Africa * Not signed
Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women
in Africa * Not signed
Protocol to the African Charter on Human and Peoples' Rights on the Establishment of
an African Court on Human and Peoples' Rights * Not signed
African Charter on the Rights and Welfare of the Child * Not signed
International Covenant on Civil and year after acceding to the Covenant and then whenever the Committee requests (usually
every four years). The Committee normally meets in Geneva and normally holds three
The Covenant is not directly enforceable in Australia, but its provisions support a number The United States Senate ratified the ICCPR in 1992, with five reservations, five
of domestic laws, which confer enforceable rights on individuals. For example, Article 17 understandings, and four declarations.[68] Some have noted that with so many
of the Convention has been implemented by the Australian Privacy Act 1988. Likewise, reservations, its implementation has little domestic effect.[85] Included in the Senate's
the Covenants equality and anti-discrimination provisions support the federal Disability ratification was the declaration that "the provisions of Article 1 through 27 of the
Discrimination Act 1992. Finally, the Covenant is one of the major sources of 'human Covenant are not self-executing",[86] and in a Senate Executive Report stated that the
rights' listed in the Human Rights (Parliamentary Scrutiny) Act 2011.[69] This law requires declaration was meant to "clarify that the Covenant will not create a private cause of
most new legislation and administrative instruments (such as delegated/subordinate action in U.S. Courts."[87]However, "expressed declarations" do not affect treaties [Igartua-
legislation) to be tabled in parliament with a statement outlining the proposed law's De Le Rosa v. US, 417 F.3d 145, 190-191 (1st Cir. 2005)] Fleming v US (15-8425)
compatibility with the listed human rights[70] A Joint Committee on Human Rights establishes the ICCPR treaty IS SELF-Executing by legal definition of a self-executing
scrutinises all new legislation and statements of compatibility.[71] The findings of the Joint treaty, US reports to UN, DOJ and US Ambassador Hamamoto.
Committee are not legally binding. Where a treaty or covenant is not self-executing, and where Congress has not acted to
Legislation also establishes the Australian Human Rights Commission which allows
[72] implement the agreement with legislation, no private right of action within the U.S. judicial
the Australian Human Rights Commission (AHRC) to examine enacted legislation[73] (to system is created by ratification.[88] However, the U.S. Federal Government has held that
suggest remedial enactments[74]), its administration[75] (to suggest avoidance of the ICCPR treaty was only ratified "after" it was determined that all the necessary
practices[76]) and general compliance[77] with the covenant which is schedule to the AHRC legislation was in place to provide for domestic effect of law, thereby making the ICCPR
legislation.[78] treaty self-executing by definition. See all four reports by U.S. to U.N. regarding the
ICCPR treaty. It is also important to emphasize that the "self-executing" statement was a
In Victoria and the Australian Capital Territory, the Convention can be used by a plaintiff declaration and the Courts have held that declarations have no effect upon treaty law
or defendant who invokes those jurisdiction's human rights charters. [79] While the and the rights of citizens.[citation needed]
Convention cannot be used to overturn a Victorian or ACT law, a Court can issue a
'declaration of incompatibility' that requires the relevant Attorney-General to respond in As a reservation that is "incompatible with the object and purpose" of a treaty is void as a
Parliament within a set time period.[81] Courts in Victoria and the ACT are also directed by matter of the Vienna Convention on the Law of Treaties and international law,[89] there is
the legislation to interpret the law in a way to give effect to a human right, [80] and new some issue as to whether the non-self-execution declaration is even legal under
legislation and subordinate legislation must be accompanied by a statement of domestic law.[90]
compatibility.[82] Efforts to implement a similar Charter at the national level have been Prominent critics in the human rights community, such as Prof. Louis Henkin[91] (non-self-
execution declaration incompatible with the Supremacy Clause) and Prof. Jordan
Paust[92] ("Rarely has a treaty been so abused") have denounced the United States' contention being United States officials' insistence upon preserving a vast web
ratification subject to the non-self-execution declaration as a blatant fraud upon the ofsovereign, judicial, prosecutorial, and executive branch immunities that often deprives
international community, especially in light of its subsequent failure to conform domestic its citizens of the "effective remedy" under law the Covenant is intended to guarantee.
law to the minimum human rights standards as established in the Covenant and in
In 2006, the Human Rights Committee expressed concern over what it interprets as
theUniversal Declaration of Human Rights over the last thirty years.
material non-compliance, exhorting the United States to take immediate corrective
Constitutionality[edit] action:[96]
It has been argued that Article 20(2) of the ICCPR, as well as Article 4 of the ICERD, The Committee notes with concern the restrictive interpretation made by the State party
may be unconstitutional according to Supreme Court precedent, which is the reason of its obligations under the Covenant, as a result in particular of (a) its position that the
behind the Senate reservations.[93] Covenant does not apply with respect to individuals under its jurisdiction but outside its
territory, nor in time of war, despite the contrary opinions and established jurisprudence
Non-compliance[edit] of the Committee and the International Court of Justice; (b) its failure to take fully into
In 1994, the United Nations' Human Rights Committee expressed concerns with consideration its obligation under the Covenant not only to respect, but also to ensure
compliance:[94] the rights prescribed by the Covenant; and (c) its restrictive approach to some
substantive provisions of the Covenant, which is not in conformity with the interpretation
Of particular concern are widely formulated reservations which essentially render made by the Committee before and after the State partys ratification of the Covenant.
ineffective all Covenant rights which would require any change in national law to ensure
compliance with Covenant obligations. No real international rights or obligations have The State party should review its approach and interpret the Covenant in good faith, in
thus been accepted. And when there is an absence of provisions to ensure that accordance with the ordinary meaning to be given to its terms in their context, including
Covenant rights may be sued on in domestic courts, and, further, a failure to allow subsequent practice, and in the light of its object and purpose. The State party should in
individual complaints to be brought to the Committee under the first Optional Protocol, all particular (a) acknowledge the applicability of the Covenant with respect to individuals
the essential elements of the Covenant guarantees have been removed. under its jurisdiction but outside its territory, as well as its applicability in time of war; (b)
take positive steps, when necessary, to ensure the full implementation of all rights
Indeed, the United States has not accepted a single international obligation required prescribed by the Covenant; and (c) consider in good faith the interpretation of the
under the Covenant. It has not changed its domestic law to conform with the strictures of Covenant provided by the Committee pursuant to its mandate.
the Covenant.[95] Its citizens are not permitted to sue to enforce their basic human rights
under the Covenant.[95] It has not ratified the Optional Protocol to the Convention against As of February 2013, the United States is among States scheduled for examination in the
Torture (OPCAT). As such, the Covenant has been rendered ineffective, with the bone of 107th (1128 March 2013) and 109th (14 October 1 November 2013) sessions of the
Committee.[97]
Parties to the Covenant[edit]
There are a total of 168 parties to the International Covenant on Civil and Political Rights. [98]
State Signed
Fiji Singapore
Micronesia Tuvalu
Notes[edit]
1. ^ Jump up to:a b c d e f Yugoslavia signed the Covenant on 8 August 1967 and ratified it on 2 June 1971; it entered into force for Yugoslavia on 23 March 1976. Following the breakup of
Yugoslavia, the following states located in the former Yugoslavia made declarations regarding that status of the Covenant with regard to themselves:
Bosnia and Herzegovina On 1 September 1993, it declared that the Covenant was in force for it since 6 March 1992.
Federal Republic of Yugoslavia On 12 March 2001, it declared that the Covenant was in force for it since 27 April 1992. On 4 February 2003, the Federal Republic of
Yugoslavia changed its name to Serbia and Montenegro, and on 3 June 2006 Serbia succeeded Serbia and Montenegro. Therefore, for Serbia, the Covenant has been in force since 27
April 1992.
Republic of Macedonia On 18 January 1994, it declared that the Covenant was in force for it since 17 September 1991.
Montenegro On 23 October 2006, it declared that the Covenant was in force for it since 3 June 2006.
2. Jump up^ Although Cambodia signed the Covenant when it was known as Democratic Kampuchea, it filed an instrument of accession, not ratification, on 26 May 1992.
3. ^ Jump up to:a b Czechoslovakia signed the Covenant on 7 October 1968 and ratified it on 23 December 1975; it entered into force for Czechoslovakia on 23 March 1976. Following
the dissolution of Czechoslovakia, the Czech Republic declared on 22 February 1993 that the Covenant was in force for it since 1 January 1993 and Slovakia declared on 28 May 1993
that the Covenant was also in force for it since 1 January 1993.
4. Jump up^ East Germany signed the Covenant on 23 March 1973 and ratified it on 8 November 1973; it entered into force for East Germany on 23 March 1976. Following
the reunification of Germany on 3 October 1990, East Germany ceased to exist.
5. Jump up^ On 25 August 1997, North Korea notified the Secretary-General of the United Nations that it was withdrawing from the Covenant. However, the Secretary-General still considers
North Korea a state party to the Covenant because the Covenant does not allow for withdrawal and therefore withdrawal would only be possible if all other states parties allowed it, which has not
occurred.
6. ^ Jump up to:a b Portugal extended the territorial application of the Covenant to Macau on 27 April 1993. On 3 December 1999, China notified the Secretary-General of the United Nations
that the Covenant would still be in force for Macau following the transfer of sovereignty on 20 December 1999.
7. ^ Jump up to:a b Both China and the United Kingdom notified the Secretary-General that the Covenant would continue to remain in force for Hong Kong upon transfer of sovereignty on 1
July 1997.
8. Jump up^ Taiwan (the Republic of China) lost its United Nations membership on 25 October 1971; the Republic of China signed the Covenant on 5 October 1967 but did not ratify it.
UN Human Rights Committee, General Comment 34 on Freedom of Opinion and Expression [edit]
In July 2011, the UN Human Rights Committee adopted a 52-paragraph statement General Comment 34 on the International Covenant on Civil and Political Rights (ICCPR) 1976,
concerning freedoms of opinion and expression. Paragraph 48 states:
Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant, except in the specific circumstances
envisaged in article 20, paragraph 2, of the Covenant. Such prohibitions must also comply with the strict requirements of article 19, paragraph 3, as well as such articles as 2, 5,
17, 18 and 26. Thus, for instance, it would be impermissible for any such laws to discriminate in favor of or against one or certain religions or belief systems, or their adherents
over another, or religious believers over non-believers. Nor would it be permissible for such prohibitions to be used to prevent or punish criticism of religious leaders or
commentary on religious doctrine and tenets of faith.