14 S e cti o n ON E – GENERAL • exercise their rights responsibly To avoid this being used as reason for non-compliance, • recognise they also have general duties to others and their community. 5 states must demonstrate that they have made every effort to use the resources at their disposal to satisfy at least the minimum or core obligations as a matter of priority. International context Kaupapa ä taiao It follows that there is a strong presumption against To give the standards in the declaration legal force, two major covenants were developed. The International Covenant on Civil and Political Rights (ICCPR) deals with civil and political rights, and the International Covenant on Economic, Social and Cultural Rights (ICESCR) with economic, social and cultural rights. Both were adopted by a special resolution of the UN General Assembly in 1966 and came into effect in 1976 when the necessary number of countries had ratified them. 6 The two covenants and the declaration are often referred to as the International Bill of Rights. too long taking steps towards meeting the commitments any deliberately retrogressive measures. Further, a state cannot commit itself to the covenant and then delay for The rights in the ICCPR take effect as soon as a state ratifies the Covenant. They apply to everybody equally, without discrimination. The rights may be limited only in situations of public emergency, where the life of the nation is under threat, and “to the extent strictly required by the exigencies of the situation”. 7 Some articles also include limitation clauses. For example, Article 19 (which relates to freedom of expression) can be restricted to protect the rights or reputations of others, in situations of public emergency, and if prescribed by law. The rights in the ICESCR must also be provided equally and on a non-discriminatory basis. They are, however, subject to the concept of progressive realisation and resource limitations. Given the potential cost, compliance with the substantive rights is expected to happen incrementally or, to use the language of the covenant, “progressively”, depending on the resources available and the competing claims and priorities on those resources. 8 it has assumed. In addition to the two major treaties, there are a series of instruments that apply to thematic issues, such as racial discrimination or discrimination against women. These include the International Convention on the Elimination of All Forms of Racism (CERD), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the Convention on the Rights of the Child (UNCROC), the Convention on the Rights of Migrant Workers and their Families (MWC) and the Convention on the Rights of Persons with Disabilities (CRPD). There are also a large number of United Nations resolutions or declarations that are not binding in the same way as treaties but establish standards of practice and can acquire significant status as a result of their moral force and specific application. The most recent of these is the Declaration on the Rights of Indigenous Peoples (UNDRIP). The process of ratification International treaties are developed through a process of negotiation among member states of the United Nations. Individual states then decide whether to accede to or ratify the final treaty. Ratification is acceptance by a State that it will be bound by the terms of a treaty. In ratifying a treaty, a 5 International Council on Human Rights Policy (1999), Taking duties seriously: individual duties in international human rights law (Versoix: International Council), p 16. Accessible online at www.ichrp.org/files/reports/10/103_report_en.pdf 6 The 1993 Vienna World Conference reaffirmed that human rights are indivisible and interrelated and that no right is superior to another (the 1993 Vienna Declaration and Programme of Action, Article 5). For a discussion on the concept of interdependence in the context of human rights, see Scott C (1989), ‘The interdependence and permeability of human rights norms: towards a partial fusion of the international covenants on human rights’, Osgoode Hall Law Journal 27, p 769. It follows that individual rights should not be considered in isolation, since the enjoyment of one will often depend on the realisation of another. For example, the right to vote is closely linked to the right to education. 7 ICCPR, Article 4 8 ICCPR, Article 4. See also Alston P and Quinn G (1987), ‘The nature and scope of States Parties’ obligations under the International Covenant on Economic, Social and Cultural Rights’, Human Rights Quarterly, 9(2), 156–229