full version - World Organisation Against Torture

Brazil1.2 Brazil’s International ObligationsBrazil acceded to the International Covenant on Economic, Social andCultural Rights on 24 January 1992. With regard to other internationalhuman rights instruments, Brazil is also State Party to the Convention onthe Elimination of All Forms of Discrimination against Women (ratifiedon 1 February 1984) as well as its Optional Protocol (ratified on 28 June2002); the International Covenant on Civil and Political Rights (accededon 24 January 1992); the Convention on the Elimination of All Forms ofRacial Discrimination (acceded on 27 March 1968); the Conventionagainst Torture and other Cruel, Inhuman or Degrading Treatment ofPunishment (ratified on 28 September 1989); and the Convention on theRights of the Child ( ratified on 24 September 1990). 6 OMCT notes withconcern that Brazil has neither signed nor ratified the Optional Protocolsto the International Covenant on Civil and Political Rights and signed, butnot ratified, the two optional Protocols to the Convention on the Rights ofthe Child on the involvement of children in armed conflict and on the saleof children, child prostitution and child pornography. Moreover, Brazilhas recognised the competence to receive and process individual complaintsof the Committee on the Elimination of Racial Discrimination butnot of the Committee against Torture.Within the inter-American human rights system, Brazil has ratified theAmerican Convention on Human Rights, which prohibits, in Article 1,discrimination on the basis of, inter alia, sex, in guaranteeing protection ofthe human rights contained in the Convention. Article 24 of the sameConvention determines the right of each person to equal protection of andbefore the law. Article 17.4 establishes the obligation of the State to “takeappropriate steps to ensure the equality of rights and the adequate balancingof responsibilities of the spouses” with respect to marriage or its dissolution.In 1995, Brazil ratified the Interamerican Convention to Prevent,Punish and Eradicate Violence against Women, established in Belém, inthe State of Pará, in 1994.The applicability of international law in Brazil is rather slow, sincetreaties which have been ratified must be approved by Congress through aLegislative Decree and then promulgated through an Executive Decree inorder to be applicable internally. This process is normally very time-consumingsince it involves the approval by both Congressional Houses.69