State of the World's Children 2013 - Unicef

Conventions, optional protocols,
signatures and ratifications
A note on terms used in this report
A Convention is a formal agreement between States parties. The term ‘Convention’ is used (rather than its
synonym, ‘treaty’) to denote a multilateral instrument with a large number of States parties, including one
open to participation by the international community as a whole and negotiated under the auspices of an
international organization.
An Optional protocol to a Convention is a legal instrument intended to supplement the original agreement
by establishing additional rights or obligations. It may be used to address in greater detail a matter
mentioned in the original agreement, to speak to a new concern relevant to any of its topics, or to add
procedures for operation or enforcement. Such a protocol is optional in the sense that States parties to a
Convention are not automatically bound by its provisions, but must ratify it independently. Thus, a State
may be party to a Convention but not to its Optional Protocols.
The process by which a State becomes party to a Convention comprises, in most cases, two steps:
signature and ratification.
By signing a Convention, a State indicates its intention to take steps to examine the Convention and
its compatibility with domestic law. A signature does not create a legal obligation to be bound by a
Convention’s provisions; however, it does indicate that a State will act in good faith and will not take
actions that would undermine the purpose of the Convention.
Ratification is the concrete action by which a State agrees to be legally bound by the terms of a
Convention. The procedure varies according to each country’s particular legislative structure. After a
State has determined that a Convention is consistent with domestic laws and that steps may be taken to
comply with its provisions, the appropriate national organ (e.g., a parliament) makes a formal decision
to ratify. Once the instrument of ratification – a formal, sealed letter signed by the responsible authority
(e.g., a president) – is deposited with the United Nations Secretary-General, the State becomes party to
the Convention.
In some cases, a state will accede to a Convention or Optional Protocol. Essentially, accession is like
ratifying without first having to sign.
For further information and more detailed definitions of these and related terms, see
.
The Convention on the Rights of Persons with Disabilities is available at
.
The Optional Protocol is available at .
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THE STATE OF THE WORLD’S CHILDREN 2013: Children with Disabilities