Conventions

L E S SON 3
HUMAN RIGHTS AND THE UN: SPECIFIC

HUMAN RIGHTS TREATIES.
Conventions
 International Convention on the Elimination of All Forms of Racial Discrimination,
1965.
 Convention on the Elimination of All Forms of Discrimination against Women,
1979.
 Optional Protocol to the Convention on the Elimination of Discrimination against
Women, 1999.
 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, 1984.
 Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, 2002.
 Convention on the Rights of the Child, adopted 1989.
 Optional Protocol to the Convention on the Rights of the Child on the
Involvement of Children in Armed Conflict, 2000.
When you have completed this lesson, you should be able to:
(a) Identify and outline the key provisions of the different conventions discussed in the
lesson.
(b) Discuss and evaluate the different enforcement mechanisms available under these
conventions.
(c) Apply the principles from the various conventions to practical cases.
CONVENTION ON THE ELIMINATION OF ALL FORMS OF

DISCRIMINATION AGAINST WOMEN AND ITS PROTOCOL
Establishment of CEDAW- Enforcement mechanism

CEDAW was adopted on 18 December 1979 and came into force in 1981. The aim of
the Convention is to eliminate all forms of discrimination against women. State parties
are under an obligation to eliminate discrimination and to ensure that equality between
men and women is embedded in the constitutions of their countries. Further, state
parties must adopt legislative and other measures to ensure that women are treated.
Various rights provided under CEDAW

CEDAW provide for a number of women’s rights that should be protected and promoted
such as
 Article 7 - States Parties shall take all appropriate measures to eliminate
discrimination against women in the political and public life of the country and, in
particular, shall ensure to women, on equal terms with men.
 Article 8 - opportunity to represent their Governments at the international level
and to participate in the work of international organizations.
 Article 9 - States Parties shall grant women equal rights with men to acquire,
change or retain their nationality.
 Article 10 - ensure to them equal rights with men in the field of education.
 Article 11- eliminate discrimination against women in the field of employment.
 Any other right mentioned in CEDAW.
Enforcement mechanisms
Article 17 establishes a Committee on the Elimination of Discrimination against

Women to ensure that progress is made on the implementation of CEDAW. In terms of
Article 18 States Parties undertake to submit to the Secretary-General of the United
Nations, for consideration by the Committee, a report on the legislative, judicial,
administrative or other measures which they have adopted to give effect to the
provisions of the present Convention and on the progress made in this respect: (a)
Within one year after the entry into force for the State concerned and thereafter at least
every four years and further whenever the Committee so requests. Reports may
indicate factors and difficulties affecting the degree of fulfilment of obligations under the
present Convention.
In terms of Article 21 The Committee shall, through the Economic and Social Council,
report annually to the General Assembly of the United Nations on its activities and may
make suggestions and general recommendations based on the examination of reports
and information received from the States Parties. Such suggestions and general
recommendations shall be included in the report of the Committee together with
comments, if any, from States Parties. The Secretary-General of the United Nations
shall transmit the reports of the Committee to the Commission on the Status of Women
for its information.
According to Article 28 the Secretary-General of the United Nations shall receive and
circulate to all States the text of reservations made by States at the time of ratification or
accession. A reservation incompatible with the object and purpose of the present
Convention shall not be permitted. Reservations may be withdrawn at any time by
notification to this effect addressed to the Secretary-General of the United Nations, who
shall then inform all States thereof. Such notification shall take effect on the date on
which it is received.
In terms of Article 29 any dispute between two or more States Parties concerning the
interpretation or application of the present Convention which is not settled by
negotiation shall, at the request of one of them, be submitted to arbitration. If within six
months from the date of the request for arbitration the parties are unable to agree on the
organization of the arbitration, any one of those parties may refer the dispute to the
International Court of Justice by request in conformity with the Statute of the Court.
Individual complaints under the Optional Protocol to the Convention
The extent in which the ICCPR provides for individual complaint processes
The Optional Protocol was concluded to deal with individual communications. In terms
of the Protocol, the Committee will receive communications from individuals or groups
of individuals who submit claims of violations of rights protected under the Convention.
The Committee is also mandated to initiate inquiries into situations of grave or
systematic violations of women’s rights. These communications will only be addressed
once it has been ascertained that domestic remedies have been exhausted, unless the
application of such remedies is or was unreasonably prolonged or unlikely to bring
effective relief. These procedures are optional and are only available if the state
concerned has accepted them.
In terms of Article 1 of the Optional Protocol a State Party to the present Protocol
(“State Party”) recognizes the competence of the Committee on the Elimination of
Discrimination against Women (“the Committee”) to receive and consider
communications submitted in accordance with article2.
In terms of Article 2 communications may be submitted by or on behalf of individuals
or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of
a violation of any of the rights set forth in the Convention by that State Party. Where a
communication is submitted on behalf of individuals or groups of individuals, this shall
be with their consent unless the author can justify acting on their behalf without such
consent.
According to Article 3 communications shall be in writing and shall not be anonymous.

No communication shall be received by the Committee if it concerns a State Party to the
Convention that is not a party to the present Protocol.
In terms of Article 4 the Committee shall not consider a communication unless it has
ascertained that all available domestic remedies have been exhausted unless the
application of such remedies is unreasonably prolonged or unlikely to bring effective
relief.
CONVENTION ON THE RIGHTS OF THE CHILD AND ITS PROTOCOLS.
The CRC represents the most comprehensive attempt to date towards universalizing
the dominant contemporary discourse on childhood. The Preamble to the CRC defines
the aspirations of the Convention. It makes reference to the Universal Declaration on
Human Rights and alludes to the fact that in the Declaration childhood is entitled to
special care and assistance. Furthermore, the Preamble to the Convention recognises
explicitly that the child requires legal protection provided in a free and secure
environment, which promotes its dignity and equality. More importantly, it recognizes
that children have special needs and that they are vulnerable and need to be brought
up in a family environment, in an atmosphere of happiness, love and understanding.
The Convention has provisions which address a variety of child-related issues, including
children’s civil and political, and social, economic and cultural rights. These include the
rights to life, survival and development; the right to health and the child’s right to be
heard in all matters that affect them. It also covers the right to name and nationality,
freedom of expression and religion, the right to health and the right to education.
The CRC embodies four pillar principles which inform its provisions: nondiscrimination;
the best interest of the child; the child’s right to life, survival and development; and the
right of the child to be heard on matters affecting him or her. The CRC succeeded in
establishing binding mechanisms for the review of its enforcement.
Article 43 of the CRC creates a Committee on the Rights of the Child (CRC Committee)
tasked with monitoring the implementation of the Convention, and mandates it to
examine the progress made by state in achieving their duties under the Convention.
Periodically, State Parties’ are required to submit reports to the CRC Committee with
details on the measures they have taken to give effect to the rights contained in the
Convention.

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L E S SON 3

HUMAN RIGHTS AND THE UN: SPECIFIC

CONVENTION ON THE ELIMINATION OF ALL FORMS OF

Establishment of CEDAW- Enforcement mechanism

Various rights provided under CEDAW

Article 17 establishes a Committee on the Elimination of Discrimination against

Individual complaints under the Optional Protocol to the Convention

According to Article 3 communications shall be in writing and shall not be anonymous.

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