Ratification of International Human Rights Treaties - Philippines

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

International Covenant on Civil and Political Rights

19 Dec 1966 23 Oct 1986
Optional Protocol to the International Covenant on Civil and Political Rights 19 Dec 1966 22 Aug 1989

Second Optional Protocol to the International Covenant on Civil and Political Rights,
aiming at the abolition of the death penalty
Not signed

Prevention of Discrimination on the Basis of Race, Religion, or Belief; and

Protection of Minorities Signature Ratification Accession Succession Entry into Force

International Convention on the Elimination of All Forms of Racial Discrimination

7 Mar 1966 15 Sep 1967

Women's Human Rights Signature Ratification Accession Succession Entry into Force

Convention on the Elimination of All Forms of Discrimination against Women

15 Jul 1980 5 Aug 1981
Optional Protocol to the Convention on the Elimination of Discrimination against
Women 21 Mar 2000
12 Nov 2003

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

Slavery Convention Not signed

Protocol amending the Slavery Convention Not signed

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

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

Punishment
26 Jun 1987
Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment 17 Apr 2012
27 Sep
International Convention for the Protection of All Persons from Enforced Disappearance 2010

Rights of the Child Signature Ratification Accession Succession Entry into Force

Convention on the Rights of the Child

26 Jan 1990 21 Aug 1990

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

Freedom of Association and Protection of the Right to Organise Convention

29 Dec 1953

Right to Organise and Collective Bargaining Convention 29 Dec 1953

Employment and Forced Labour Signature Ratification Accession Succession Entry into Force

Convention concerning Forced or Compulsory Labour Not signed

Equal Remuneration Convention 29 Dec 1953

Abolition of Forced Labour Convention

17 Nov 1960

Discrimination (Employment and Occupation) Convention

17 Nov 1960

Employment Policy Convention

13 Jan 1976

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

Education Signature Ratification Accession Succession Entry into Force

Convention against Discrimination in Education
Ratified

Refugees and Asylum Signature Ratification Accession Succession Entry into Force

Convention relating to the Status of Refugees 22 Jul 1981

Protocol Relating to the Status of Refugees 22 Jul 1981

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

Convention on the Non-Applicability of Statutory Limitations to War Crimes and

Crimes Against Humanity 15 May 1973

Convention on the Prevention and Punishment of the Crime of Genocide

11 Dec 1948 7 Jul 1950

Rome Statute of the International Criminal Court

28 Dec 2000 30 Aug 2011 1 Nov 2011

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 Against the Taking of Hostages 2 May 1980

14 Oct 1980

International Convention for the Suppression of Terrorist Bombing 23 Sep 1998

7 Jan 2004

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

International Convention on the Prevention and Punishment of Crimes Against

International Protected Persons 26 Nov 1976

U.N. Activities and Employees Signature Ratification Accession Succession Entry into Force

Convention on the Privileges and Immunities of the United Nations

28 Oct 1947

Convention on the Safety of United Nations and Associated Personnel 27 Feb 1995
17 Jun 1997

Regional Conventions Signature Ratification Accession Succession Entry into Force

[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

Political Rights sessions per year.

From Wikipedia, the free encyclopedia Genesis[edit]

The International Covenant on Civil and Political Rights (ICCPR) is a
multilateral treaty adopted by theUnited Nations General Assembly on 16 December
1966, and in force from 23 March 1976. It commits its parties to respect the civil and
political rights of individuals, including the right to life, freedom of religion,freedom of
speech, freedom of assembly, electoral rights and rights to due process and a fair trial.
As of April 2014, the Covenant has 74 signatories and 168 parties.[1]
The ICCPR is part of the International Bill of Human Rights, along with the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal
Declaration of Human Rights (UDHR).[2]
The ICCPR is monitored by the United Nations Human Rights Committee (a separate
body to the United Nations Human Rights Council), which reviews regular reports of
States parties on how the rights are being implemented. States must report initially one
The ICCPR has its roots in the same process that led to the Universal Declaration of
Human Rights. A "Declaration on the Essential Rights of Man" had been proposed at
the1945 San Francisco Conference which led to the founding of the United Nations, and
the Economic and Social Council was given the task of drafting it.[2] Early on in the
process, the document was split into a declaration setting forth general principles of
human rights, and a convention or covenant containing binding commitments. The
former evolved into the UDHR and was adopted on 10 December 1948. [2]
The States Parties to the present Covenant, including those having responsibility for the
administration of Non-Self-Governing and Trust Territories, shall promote the realization
of the right of self-determination, and shall respect that right, in conformity with the
provisions of the Charter of the United Nations. [3]
Drafting continued on the convention, but there remained significant differences between
UN members on the relative importance of negative Civil and Political
versus positiveEconomic, Social and Cultural rights.[4] These eventually caused the
convention to be split into two separate covenants, "one to contain civil and political
rights and the other to contain economic, social and cultural rights."[5] The two covenants
were to contain as many similar provisions as possible, and be opened for signature
simultaneously.[5] Each would also contain an article on the right of all peoples to self-
determination.[6]
The first document became the International Covenant on Economic, Social and Cultural
Rights and the second the International Covenant on Civil and Political Rights. The drafts
were presented to the UN General Assembly for discussion in 1954, and adopted in
1966.[7] As a result of diplomatic negotiations the International Covenant on Economic,
Social and Cultural Rights was adopted shortly before the International Covenant on Civil
and Political Rights.
Summary[edit]
The Covenant follows the structure of the UDHR and ICESCR, with a preamble and fifty-
three articles, divided into six parts.[8]
Part 1 (Article 1) recognizes the right of all peoples to self-determination, including the
right to "freely determine their political status",[9] pursue their economic, social and
cultural goals, and manage and dispose of their own resources. It recognises a negative
right of a people not to be deprived of its means of subsistence, [10] and imposes an
obligation on those parties still responsible for non-self governing and trust territories
(colonies) to encourage and respect their self-determination. [11]
Part 2 (Articles 2 5) obliges parties to legislate where necessary to give effect to the
rights recognised in the Covenant, and to provide an effective legal remedy for any
violation of those rights.[12] It also requires the rights be recognised "without distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national
or social origin, property, birth or other status,"[13] and to ensure that they are enjoyed
equally by women.[14] The rights can only be limited "in time of public emergency which
threatens the life of the nation,"[15] and even then no derogation is permitted from the
rights to life, freedom from torture and slavery, the freedom from retrospective law, the
right topersonhood, and freedom of thought, conscience and religion.[16]
Part 3 (Articles 6 27) lists the rights themselves. These include rights to
physical integrity, in the form of the right to life and freedom from torture and
slavery (Articles 6, 7, and 8);
liberty and security of the person, in the form of freedom from arbitrary arrest and
detention and the right to habeas corpus (Articles 9 11);
procedural fairness in law, in the form of rights to due process, a fair and
impartial trial, the presumption of innocence, and recognition as a person before the
law (Articles 14, 15, and 16);
individual liberty, in the form of the freedoms of movement, thought, conscience
and religion, speech, association and assembly, family rights, the right to a
nationality, and the right to privacy (Articles 12, 13, 17 24);
prohibition of any propaganda for war as well as any advocacy of national or
religious hatred that constitutes incitement to discrimination, hostility or violence by
law (Article 20);
political participation, including the right to the right to vote (Article 25);
Non-discrimination, minority rights and equality before the law (Articles 26 and
27).
Many of these rights include specific actions which must be undertaken to realise them.
Part 4 (Articles 28 45) governs the establishment and operation of the Human Rights
Committee and the reporting and monitoring of the Covenant. It also allows parties to
recognise the competence of the Committee to resolve disputes between parties on the
implementation of the Covenant (Articles 41 and 42).
Part 5 (Articles 46 47) clarifies that the Covenant shall not be interpreted as interfering
with the operation of the United Nations or "the inherent right of all peoples to enjoy and
utilize fully and freely their natural wealth and resources".[17]
Part 6 (Articles 48 53) governs ratification, entry into force, and amendment of the
Covenant.
Core provisions[edit]
Rights to physical integrity[edit]
Main articles: Right to life, Torture, and Slavery
Article 6 of the Covenant recognises the individual's "inherent right to life" and requires it
to be protected by law.[18] It is a "supreme right" from which no derogation can be
permitted, and must be interpreted widely.[19] It therefore requires parties to take positive
measures to reduce infant mortality and increase life expectancy, as well as forbidding
arbitrary killings by security forces.[19]
While Article 6 does not prohibit the death penalty, it restricts its application to the "most
serious crimes"[20] and forbids it to be used on children and pregnant women[21] or in a
manner contrary to the Convention on the Prevention and Punishment of the Crime of
Genocide.[22] The UN Human Rights Committee interprets the Article as "strongly
suggest[ing] that abolition is desirable",[19] and regards any progress towards abolition of
the death penalty as advancing this right.[19] The Second Optional Protocol commits its
signatories to the abolition of the death penalty within their borders.
Article 7 prohibits torture and cruel, inhuman or degrading punishment.[23] As with Article
6, it cannot be derogated from under any circumstances. [16] The article is now interpreted
to impose similar obligations to those required by the United Nations Convention Against
Torture, including not just prohibition of torture, but active measures to prevent its use
and a prohibition on refoulement.[24] In response to Nazi human experimentation during
WW2 this article explicitly includes a prohibition on medical and scientific
experimentation without consent.[23]
Article 8 prohibits slavery and enforced servitude in all situations.[25] The article also
prohibits forced labour, with exceptions for criminal punishment, military service and civil
obligations.[26]
Liberty and security of person[edit]
Main article: Habeas corpus
Article 9 recognises the rights to liberty and security of the person. It prohibits arbitrary
arrest and detention, requires any deprivation of liberty to be according to law,[27] and
obliges parties to allow those deprived of their liberty to challenge their imprisonment
through the courts.[28] These provisions apply not just to those imprisoned as part of the
criminal process, but also to those detained due to mental illness, drug addiction, or for
educational or immigration purposes.[29]
Articles 9.3 and 9.4 impose procedural safeguards around arrest, requiring anyone
arrested to be promptly informed of the charges against them, and to be brought
promptly before a judge.[30] It also restricts the use of pre-trial detention,[31] requiring it to
be imposed only in exceptional circumstances and for as short a period of time as
possible.[29]
Article 10 requires anyone deprived of liberty to be treated with dignity and humanity.
[32]
This applies not just to prisoners, but also to those detained for immigration purposes
or psychiatric care.[33] The right complements the Article 7 prohibition on torture and cruel,
inhuman or degrading treatment.[33] The article also imposes specific obligations around
criminal justice, requiring prisoners in pretrial detention to be separated from convicted
prisoners, and children to be separated from adults.[34] It requires prisons to be focused
on reform and rehabilitation rather than punishment. [35]
Article 11 prohibits the use of imprisonment as a punishment for breach of contract. [36]
Procedural fairness and rights of the accused[edit]
Main articles: Rights of the accused and Right to a fair trial
Article 14 recognizes and protects a right to justice and a fair trial. Article
14.1 establishes the ground rules: everyone must be equal before the courts, and any
hearing must take place in open court before a competent, independent and impartial
tribunal, with any judgment or ruling made public.[37] Closed hearings are only permitted
for reasons of privacy, justice, or national security, and judgments may only be
suppressed in divorce cases or to protect the interests of children.[37] These obligations
apply to both criminal and civil hearings, and to all courts and tribunals. [38]
The rest of the article imposes specific and detailed obligations around the process of
criminal trials in order to protect the rights of the accused and the right to a fair trial. It
establishes the Presumption of innocence[39] and forbids double jeopardy.[40] It requires
that those convicted of a crime be allowed to appeal to a higher tribunal, [41] and requires
victims of a Miscarriage of justice to be compensated.[42] It establishes rights to a speedy
trial, to counsel, against self-incrimination, and for the accused to be present and call and
examine witnesses.[43]
Article 15 prohibits prosecutions under Ex post facto law and the imposition
of retrospective criminal penalties, and requires the imposition of the lesser penalty
where criminal sentences have changed between the offence and conviction. [44] But
except the criminal according to general principles of law recognized by international
community.[45] (jus cogens)
Article 16 requires states to recognize everyone as a person before the law.[46]
Individual liberties[edit]
Main articles: Freedom of movement, Freedom of religion, Freedom of thought, Freedom
of speech, Freedom of assembly, and Freedom of association
Article 12 guarantees freedom of movement, including the right of persons to choose
their residence and to leave a country.[47] These rights apply to legal aliens as well as
citizens of a state,[48] and can be restricted only where necessary to protect national
security, public order or health, and the rights and freedoms of others.[49] The article also
recognises a right of people to enter their own country.[50] The Human Rights Committee
interprets this right broadly as applying not just to citizens, but also to those stripped of or
denied their nationality.[48] They also regard it as near-absolute; "there are few, if any,
circumstances in which deprivation of the right to enter one's own country could be
reasonable".[48]
Article 13 forbids the arbitrary expulsion of resident aliens and requires such decisions
to be able to be appealed and reviewed.[51]
Article 17 mandates the right of privacy.[52] This provision, specifically article 17(1),
protects private adult consensual sexual activity, thereby nullifying prohibitions on
homosexual behaviour,[53] however, the wording of this covenant's marriage right (Article
23) excludes the extrapolation of a same-sex marriage right from this provision. [54] Article
17 also protects people against unlawful attacks to their honor and reputation. Article 17
(2) grants the protection of the Law against such attacks [52]
Article 18 mandates freedom of religion.[55]
Article 19 mandates freedom of expression.[56]
Article 20 mandates sanctions against inciting hatred.[57]
Articles 21 and 22 mandate freedom of association. These provisions guarantee the
right to freedom of association, the right to trade unions and also defines
the International Labour Organisation.[58][59]
Article 23 mandates the right of marriage.[60] The wording of this provision neither
requires nor prohibits same-sex marriage.[61]
Article 24 mandates special protection, the right to a name, and the right to a nationality
for every child.[62]
Article 27 mandates the rights of ethnic, religious and linguistic minority to enjoy their
own culture, to profess their own religion, and to use their own language.[63]
Political rights[edit]
Article 3 provides an accessory non-discrimination principle. Accessory in the way that it
cannot be used independently and can only be relied upon in relation to another right
protected by the ICCPR.
In contrast, Article 26 contains a revolutionary norm by providing an autonomous
equality principle which is not dependent upon another right under the convention being
infringed. This has the effect of widening the scope of the non-discrimination principle
beyond the scope of ICCPR.
Optional protocols[edit]
There are two Optional Protocols to the Covenant. The First Optional
Protocol establishes an individual complaints mechanism, allowing individuals to
complain to the Human Rights Committee about violations of the Covenant. [64] This has
led to the creation of a complex jurisprudence on the interpretation and implementation
of the Covenant. As of July 2013, the First Optional Protocol has 114 parties. [65]
The Second Optional Protocol abolishes the death penalty; however, countries were
permitted to make a reservation allowing for use of death penalty for the most serious
crimes of a military nature, committed during wartime.[66] As of July 2013, the Second
Optional Protocol had 77 parties.[67]
Reservations[edit]
This section needs expansion.You
can help by adding to it. (June 2010)
A number of parties have made reservations and interpretative declarations to their
application of the Covenant.
Argentina will apply the fair trial rights guaranteed in its constitution to the prosecution of
those accused of violating the general law of nations.[1]
Australia reserves the right to progressively implement the prison standards of Article
10, to compensate for miscarriages of justice by administrative means rather than
through the courts, and interprets the prohibition on racial incitement as being subject to
the freedoms of expression, association and assembly. It also declares that its
implementation will be effected at each level of its federal system. [1]
Austria reserves the right to continue to exile members of the House of Habsburg, and
limits the rights of the accused and the right to a fair trial to those already existing in its
legal system.[1]
Bahamas, due to problems with implementation, reserves the right not to compensate
for miscarriages of justice.[1]
Bahrain interprets Articles 3 (no sexual discrimination), 18 (freedom of religion) and 23
(family rights) within the context of Islamic Sharia law.[1]
Bangladesh reserves the right to try people in absentia where they are fugitives from
justice and declares that resource constraints mean that it cannot necessarily segregate
prisons or provide counsel for accused persons.[1]
Barbados reserves the right not to provide free counsel for accused persons due to
resource constraints.[1]
Belgium interprets the freedoms of speech, assembly and association in a manner
consistent with the European Convention on Human Rights. It does not consider itself
obliged to ban war propaganda as required by Article 20, and interprets that article in
light of the freedom of expression in the UDHR.[1]
Belize reserves the right not to compensate for miscarriages of justice, due to problems
with implementation, and does not plan to provide free legal counsel for the same
reasons as above. It also refuses to ensure the right to free travel at any time, due to a
law requiring those travelling abroad to provide tax clearance certificates. [1]
Congo, as per the Congolese Code of Civil, Commercial, Administrative and Financial
Procedure, in matters of private law, decisions or orders emanating from conciliation
proceedings may be enforced through imprisonment for debt. [1]
Denmark reserves the right to exclude the press and the public from trials as per its own
laws. Reservation is further made to Article 20, paragraph 1. This reservation is in
accordance with the vote cast by Denmark in the XVI General Assembly of the United
Nations in 1961 when the Danish Delegation, referring to the preceding article
concerning freedom of expression, voted against the prohibition against propaganda for
war.[1]
Gambia, as per its constitution, will provide free legal assistance for accused persons
charged with capital offences only.[1]
The United States has made reservations that none of the articles should restrict the
right of free speech and association; that the US government may impose capital
punishment on any person other than a pregnant woman, including persons below the
age of 18; that "cruel, inhuman and degrading treatment or punishment" refers to those
treatments or punishments prohibited by the Fifth, Eighth and/or Fourteenth
Amendments to the US Constitution; that Paragraph 1, Article 15 will not apply; and that,
notwithstanding paragraphs 2(b) and 3 of Article 10 and paragraph 4 of Article 14, the US
government may treat juveniles as adults, and accept volunteers to the military prior to
the age of 18. The United States also submitted five "understandings", and four
"declarations".[68]
National implementation and effects[edit]
The International Covenant on Civil and Political Rights has 167 states parties, 67 by
signature and ratification, and the remainder by accession or succession. Another five
states have signed but have yet to ratify the treaty.[1]
Australia[edit]
The Covenant is not directly enforceable in Australia, but its provisions support a number
of domestic laws, which confer enforceable rights on individuals. For example, Article 17
of the Convention has been implemented by the Australian Privacy Act 1988. Likewise,
the Covenants equality and anti-discrimination provisions support the federal Disability
Discrimination Act 1992. Finally, the Covenant is one of the major sources of 'human
rights' listed in the Human Rights (Parliamentary Scrutiny) Act 2011.[69] This law requires
most new legislation and administrative instruments (such as delegated/subordinate
legislation) to be tabled in parliament with a statement outlining the proposed law's
compatibility with the listed human rights[70] A Joint Committee on Human Rights
scrutinises all new legislation and statements of compatibility.[71] The findings of the Joint
Committee are not legally binding.
Legislation also establishes the Australian Human Rights Commission which allows
[72]
the Australian Human Rights Commission (AHRC) to examine enacted legislation[73] (to
suggest remedial enactments[74]), its administration[75] (to suggest avoidance of
practices[76]) and general compliance[77] with the covenant which is schedule to the AHRC
legislation.[78]
In Victoria and the Australian Capital Territory, the Convention can be used by a plaintiff
or defendant who invokes those jurisdiction's human rights charters. [79] While the
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
Parliament within a set time period.[81] Courts in Victoria and the ACT are also directed by
the legislation to interpret the law in a way to give effect to a human right, [80] and new
legislation and subordinate legislation must be accompanied by a statement of
compatibility.[82] Efforts to implement a similar Charter at the national level have been
frustrated and Australia's Constitution may prevent conferring the 'declaration' power on
federal judges.[83]
Ireland[edit]
Ireland's use of Special Criminal Courts where juries are replaced by judges and other
special procedures apply has been found to not violate the treaty: "In the Committee's
view, trial before courts other than the ordinary courts is not necessarily, per se, a
violation of the entitlement to a fair hearing and the facts of the present case do not show
that there has been such a violation.".[84]
New Zealand[edit]
While New Zealand has not incorporated the ICCPR into law, it took measures to give
effect to many of the rights contained within it by passing the New Zealand Bill of Rights
Actin 1990.
United States[edit]
Reservations, understandings, and declarations[edit]
The United States Senate ratified the ICCPR in 1992, with five reservations, five
understandings, and four declarations.[68] Some have noted that with so many
reservations, its implementation has little domestic effect.[85] Included in the Senate's
ratification was the declaration that "the provisions of Article 1 through 27 of the
Covenant are not self-executing",[86] and in a Senate Executive Report stated that the
declaration was meant to "clarify that the Covenant will not create a private cause of
action in U.S. Courts."[87]However, "expressed declarations" do not affect treaties [Igartua-
De Le Rosa v. US, 417 F.3d 145, 190-191 (1st Cir. 2005)] Fleming v US (15-8425)
establishes the ICCPR treaty IS SELF-Executing by legal definition of a self-executing
treaty, US reports to UN, DOJ and US Ambassador Hamamoto.
Where a treaty or covenant is not self-executing, and where Congress has not acted to
implement the agreement with legislation, no private right of action within the U.S. judicial
system is created by ratification.[88] However, the U.S. Federal Government has held that
the ICCPR treaty was only ratified "after" it was determined that all the necessary
legislation was in place to provide for domestic effect of law, thereby making the ICCPR
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
declaration and the Courts have held that declarations have no effect upon treaty law
and the rights of citizens.[citation needed]
As a reservation that is "incompatible with the object and purpose" of a treaty is void as a
matter of the Vienna Convention on the Law of Treaties and international law,[89] there is
some issue as to whether the non-self-execution declaration is even legal under
domestic law.[90]
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'
ratification subject to the non-self-execution declaration as a blatant fraud upon the
international community, especially in light of its subsequent failure to conform domestic
law to the minimum human rights standards as established in the Covenant and in
theUniversal Declaration of Human Rights over the last thirty years.
Constitutionality[edit]
It has been argued that Article 20(2) of the ICCPR, as well as Article 4 of the ICERD,
may be unconstitutional according to Supreme Court precedent, which is the reason
behind the Senate reservations.[93]
Non-compliance[edit]
In 1994, the United Nations' Human Rights Committee expressed concerns with
compliance:[94]