Академический Документы
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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' It has been argued that Article 20(2) of the ICCPR, as well as Article 4 of the ICERD,
ratification subject to the non-self-execution declaration as a blatant fraud upon the may be unconstitutional according to Supreme Court precedent, which is the reason
international community, especially in light of its subsequent failure to conform domestic behind the Senate reservations.[93]
law to the minimum human rights standards as established in the Covenant and in
theUniversal Declaration of Human Rights over the last thirty years. Non-compliance[edit]
In 1994, the United Nations' Human Rights Committee expressed concerns with
Constitutionality[edit]
compliance:[94]