International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions These differences in name, however, do not indicate any legal difference. All are agreements between States and are of equal status and effect in international law. “Charter”, “covenant” and “statute” are used rarely and so are taken to refer to treaties of particular significance. “Statute” seems to have special significance in relation to treaties that establish international courts. “Optional protocols” are usually treaties that supplement or add to the terms of another, earlier treaty. However, these differences are differences in usage, not differences in law. They all have the same legal status and effect. 4.2. Negotiating human rights treaties Human rights treaties are negotiated through the UN system, through a working group consisting of all States that want to participate (an “open ended inter-governmental working group”), generally with the participation of NHRIs and non-governmental organizations (NGOs). Most of the human rights treaties have been negotiated by working groups established by the UN’s principal human rights body, formerly the Commission on Human Rights and now the Human Rights Council. In one case, however, the working group was formed by the GA and reported directly to the GA.34 Usually the process of negotiating a treaty is preceded by a lengthy period during which other documents are drafted and approved – for example, studies, principles, declarations – and then form the basis for the negotiation of the treaty. These earlier documents test the precise wording used to define the rights. States bring to the negotiating table their own views about the issues under discussion. They come with their great diversity in politics, economics, cultures, religions, ideologies and traditions. During the negotiations, they argue and compromise. After the completion of negotiations, the treaty is approved by the GA, typically by consensus. This is the ultimate guarantee of the universality of the rights recognized in it. In spite of their great diversity, all States endorse the universality of human rights through their acceptance of the draft in the GA, regardless of whether they then move on to accede to or ratify the treaty. States parties have a limited ability to accept most obligations in a treaty without accepting them all. Before ratifying or acceding, a State may make a reservation, indicating that it does not accept or consider itself bound by some particular term or terms in the treaty. A reservation cannot contradict the object and purpose of the treaty; any reservation that does that is void and the State party will be bound by its ratification of or accession to a treaty as if the purported reservation had never been lodged. When a reservation is lodged, other States parties have an opportunity to object to it and to challenge its validity and effectiveness. Each treaty will provide for its entry into force or commencement. Usually the treaty provides that it will commence when it has had a specified number of accessions and ratifications. The actual number varies from treaty to treaty. 4.3. The core and supplementary human rights treaties Nine core human rights treaties have been negotiated and approved through the UN system. • International Covenant on Civil and Political Rights (ICCPR) 1966 • International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 • International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) 1965 • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) 1979 • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) 1984 34 The Convention on the Rights of Persons with Disabilities. 14 | Chapter 3: What is international human rights law?