United Nations treaties and conventions factsheet

United Nations treaties and conventions factsheet
1. International Covenant on Economic, Social and Cultural Rights
The International Covenant on Economic, Social and Cultural Rights was adopted
and opened for signature, ratification and accession by General Assembly
Resolution 2200 A (XXI) of 16 December 1966. It came into force on 3 January 1976
and was ratified by the UK in the same year.
The Covenant contains some of the most significant international legal provisions
establishing economic, social and cultural rights relating to:
work in just and favourable conditions
social protection
an adequate standard of living
the highest attainable standards of physical and mental health
education
enjoyment of the benefits of cultural freedom and scientific progress
The Scottish Government updates the United Nations on progress towards
implementing and observing international human rights standards by including a
distinctive Scottish contribution in formal UK reports to the UN Committee on
Economic, Social and Cultural Rights.
United Nations Monitoring Committee: Committee on Economic, Social and
Cultural Rights
UK State Party reports: 2008, 2014
UN Committee recommendations/concluding observations: 2002, 2009
Scottish Government position statements: July 2014
2. International Covenant on Civil and Political Rights
The International Covenant on Civil and Political Rights was adopted in 1966 and
came into force in 1976. It was ratified by the UK in the same year.
Many of the rights covered by the Covenant are also included in the European
Convention on Human Rights. ICCPR obligates countries that have ratified the treaty
to protect and preserve basic human rights, such as:
the right to life and human dignity
equality before the law
freedom of speech, assembly and association
religious freedom and privacy
freedom from torture, ill-treatment and arbitrary detention
gender equality
the right to a fair trial
minority rights
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The UK has signed the second Optional Protocol to ICCPR, aiming at abolition of the
death penalty. However it has not signed the first Optional Protocol, which allows
individuals who:
claim that their rights under the Covenant have been violated
who have taken their case through the UK courts
to write to the Human Rights Committee to ask for their case to be considered.
United Nations Monitoring Committee: Human Rights Committee
UK State Party reports: 2007, 2013, 2015
UN Committee recommendations/concluding observations: 2008, 2015
Scottish Government position statements: 2015
3. Convention Against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
The United Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (UNCAT) was adopted in 1984 and came into
force in 1987. It was signed by the UK in 1988.
The Convention sets out a definition of torture and means States must take all
necessary legislative, judicial, administrative and other appropriate measures to
prevent acts of torture.
Its main features include:
torture can never be justified, even in exceptional circumstances
torture must be included as a specific crime in national criminal law
each State Party must establish universal jurisdiction over any person found
in its territory who is alleged to have committed the crime of torture -
irrespective of their nationality or where the offence was committed
systematic review of interrogation rules, instructions, methods and practices,
as well as custody procedures
each State Party to establish prompt and impartial investigations whenever
there are reasonable grounds to believe that an act of torture has been
committed in any territory under its jurisdiction
victims of torture have the right to complain and to have their case
investigated promptly and impartially, as well as to receive redress and
compensation
The UK has signed the Optional Protocol to UNCAT ('OPCAT'), which establishes a
system of unannounced and unrestricted visits by independent international and
national monitoring bodies to all places where persons are deprived of their liberty.
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The UK National Preventive Mechanism (NPM) established under OPCAT includes
six Scottish bodies: HM Inspector of Prisons, HM Inspector of Constabulary, Care
Inspectorate, Mental Welfare Commission, Scottish Human Rights Commission and
Independent Custody Visitors Scotland.
United Nations Monitoring Committee: Committee Against Torture
UK State Party reports: 2004, 2006, 2012, 2014
UN Committee recommendations/concluding observations: 2004, 2013
Scottish Government position statements:
4. International Convention on the Elimination of All Forms of Racial
Discrimination
The UN Convention on the Elimination of All Forms of Racial Discrimination was
adopted in 1966 and entered into force in 1969. It was ratified by the UK in the same
year.
The Convention defines racial discrimination and sets out a framework for ensuring
that civil, political, economic and social rights are enjoyed by all, without distinction of
race, colour, descent, or national or ethnic origin.
United Nations Monitoring Committee: Committee on the Elimination of Racial
Discrimination
UK State Party reports: 2003, 2010, 2013, 2015
UN Committee recommendations/concluding observations: 2003, 2011
Scottish Government position statements:
5. Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW)
CEDAW was adopted in 1979 and came into force in 1981. It was ratified by the UK
in 2004.
The Convention focuses on equality between women and men in all areas of life.
Discrimination against women is defined as any distinction, exclusion or restriction
made on the basis of sex which has the effect or purpose of impairing or nullifying
the recognition, enjoyment or exercise by women, irrespective of their marital status,
on a basis of equality of men and women, of human rights and fundamental
freedoms in the political, economic, social, cultural, civil or any other field.
The UK has signed CEDAW's Optional Protocol, which gives individuals and groups
of women the right to complain to the Committee on the Elimination of Discrimination
Against Women about violations of the Convention. It also allows the Committee to
investigate potentially serious abuses of women's human rights.
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United Nations Monitoring Committee: Committee on the Elimination of
Discrimination Against Women
UK State Party reports: 2007, 2009, 2011
UN Committee recommendations/concluding observations: 2009, 2013
Scottish Government position statements:
6. Convention on the Rights of the Child
The UN Convention on the Rights of the Child was adopted in 1989 and came into
force in 1990. It was ratified by the UK in 1991.
The Convention grants all children and young people (aged 17 and under) a
comprehensive set of rights.
It is the only international human rights treaty to include civil, political, economic,
social and cultural rights. It sets out in detail what every child needs to have a safe,
happy and fulfilled childhood, regardless of their sex, religion, social origin, and
where and to whom they were born, including the rights to:
special protection measures and assistance
access to services such as education and health care
develop their personalities, abilities and talents to the fullest potential
grow up in an environment of happiness, love and understanding
be informed about and participate in achieving their rights in an accessible
and active manner
The UK has signed two Optional Protocols to CRC: On the involvement of children in
armed conflict, and On the sale of children, child prostitution and child pornography.
However, the UK has not signed the third Optional Protocol, which allows children to
bring complaints directly to the Committee on the Rights of the Child so that the
Committee can investigate and direct governments to take action.
United Nations Monitoring Committee: Committee on the Rights of the Child
UK State Party reports: 2007, 2013, 2014
UN Committee recommendations/concluding observations: 2008
Scottish Government position statements:
7. International Convention on the Rights of Persons with Disabilities
The UN Convention on the Rights of Persons with Disabilities was the first human
rights treaty of the 21st century. Adopted in 2006, it came into force in 2008 and was
ratified by the UK in 2009.
The Convention asserts that disabled people should be able to enjoy their human
rights on an equal basis with non-disabled people. 5
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It recognises that disabled people continue, in practice, to face a wide range of
barriers, and sets out the measures governments are expected to take to remove
them and to ensure that the rights of disabled people are respected.
The Convention covers rights in areas such as: health, education, employment,
access to justice, personal security, independent living and access to information.
The UK has ratified the Optional Protocol to CRPD, which allows people to bring a
petition to the Committee on the Rights of Persons with Disabilities if they:
believe their Convention rights have been breached
they have exhausted means of redress via the UK or European Courts
This step also gives the Committee authority to undertake enquiries, when reliable
information is received, into allegations of grave or systematic violations of
Convention rights.
United Nations Monitoring Committee: Committee on the Rights of Persons with
Disabilities
UK State Party reports: 2013
UN Committee recommendations/concluding observations:
Scottish Government position statements:
8. Universal Periodic Review
The Universal Periodic Review (UPR) is a unique process that involves a review of
the human rights records of all United Nations member states.
The UPR is a state-driven process, under the auspices of the Human Rights Council,
which provides the opportunity for each state to declare what actions they have
taken to improve the human rights situations in their countries and to fulfil their
human rights obligations.
As one of the main features of the Council, the UPR is designed to ensure equal
treatment for every country when their human rights situations are assessed.
The Scottish Government updates the UN on progress towards implementing and
observing international human rights standards by including a distinctive Scottish
contribution in formal UK reports to the Human Rights Council.
Relevant United Nations body: Human Rights Council
UK State Party reports: 2008, 2012
Working Group reports: 2008, 2012
UK mid-term reports: 2010, 2014
Scottish Government position statements: 2014 (NOTE - submitted to UK
Government prior to Scotland's independence referendum; references to proposals
for an independent Scotland should be read accordingly)
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