Accession - this is a way in which
a country can become a States Party to a convention. Normally a country will sign and then ratify the
convention to which it wants to become a States Party. Accession refers to a
country signing and ratifying all at the same time. When a country does this
we say that it has "acceded" to the convention.
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Adoption - this is when a proposed convention is
officially finished and opened for countries to join.
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Civil society - this term has
many different definitions. Here it is used to refer broadly to
non-governmental organizations and institutions, primarily those
operating in the non-profit sector, ie. not businesses.
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Committee on the Rights of Persons with Disabilities -
this is the body established by the Convention that is responsible
for monitoring implementation of the Convention at the international
level. It will consider
reports from States Parties regarding the steps they have taken to implement
the Convention, and in some instances will be able to consider complaints of
violations of the Convention.
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Convention - a legally binding
document, in writing, between two or more countries. (Also sometimes known as a "treaty,"
"protocol," "covenant," "agreement," or "pact."). The Convention on the Rights
of Persons with Disabilities is available here.
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Core international human rights conventions -
this term refers to the group of UN human rights conventions that
each establishes a committee of experts to monitor implementation. (See also "treaty monitoring body.") The
Convention on the Rights of Persons with Disabilities is the eighth
such core convention.
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Customary international law -
this is a type of international law that develops as a result of
State practice. When enough
States engage in a particular practice or action because they feel that they
are legally obliged to do so, then we say that the practice or action has
become part of customary international law. (How many States are "enough"
depends on the nature of the practice in question.) Unless a State has
persistently objected to the development of a particular custom under
international law, it is legally obliged to comply with that custom. Treaties
are sometimes used to write down or 'codify' practices that have previously
only been part of customary international law.
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Entry into force - this is
when a convention becomes active, meaning that States Parties must
act to implement their obligations under the convention. Usually
a convention will specify that a certain number of countries must
become States Parties before the convention can enter into force. In
the case of the CRPD, 20 countries must become States Parties before
the convention enters into force.
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General Assembly - this is
the main deliberative organ of the United Nations. Each UN Member
State is entitled to be represented in the work of the General Assembly,
and each UN Member State has one vote in decisions taken by the General
Assembly.
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Human rights - these are
the rights that everyone has just by being human. You don't have to be a member of a particular group, and
nobody needs to give you your rights. Everyone is automatically entitled to
enjoy the full range of human rights just because they are human.
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Human rights convention - this is a convention
that deals specifically with the topic of human rights.
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International Bill of Human Rights - this is
the name used to refer to the three foundational documents of all international
human rights law: the Universal Declaration of Human Rights (UDHR), the
International Covenant on Economic, Social and Cultural Rights (ICESCR), and
the International Covenant on Civil and Political Rights (ICCPR).
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International cooperation -
this is a broad term used to refer to the various ways in which States
can work together to fulfill their obligations. International cooperation
can take the form of international development aid, but it also relates
to the sharing of experiences, technologies, and knowledge - all
of which can be done between and among both developed and developing
countries.
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International law - this
refers to those laws that are common to a variety of different countries. We
find international law in a number of different places, including
international conventions, and customary international law.
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Monitoring - in international law this involves checking
to see if a States Party is taking whatever actions it needs to take in order
to comply with its legal obligations under a convention.
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Office of the High Commissioner
for Human Rights (OHCHR) -
as described on its website, the OHCHR, "a department of the United
Nations Secretariat, is mandated to promote and protect the enjoyment
and full realization, by all people, of all rights established in
the Charter of the United Nations and in international human rights
laws and treaties. The
mandate includes preventing human rights violations, securing respect for all
human rights, promoting international cooperation to protect human rights,
coordinating related activities throughout the United Nations, and
strengthening and streamlining the United Nations system in the field of human
rights. In addition to its mandated responsibilities, the Office leads efforts
to integrate a human rights approach within all work carried out by United
Nations agencies."
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Optional protocol - this
is a type of convention that is added onto an existing convention. It is not typically used
to change or amend the convention to which it is attached, but rather it
addresses additional issues not covered by the underlying convention. Often
these additional issues are somewhat controversial in nature. Countries can
decide whether or not they want to become States Parties to the optional
protocol.
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Progressive realization - this is a principle
of international law that applies only to economic, social and cultural rights,
and not to civil and political rights. Although States always have an
immediate obligation to undertake their human rights obligations, progressive
realization allows States to implement their economic, social and cultural
rights obligations only to the extent that they have resources available to do
so. For States with very limited resources, progressive realization allows
them to take more time to implement their economic, social and cultural rights
obligations. States wishing to do this must indicate to the relevant
monitoring bodies their reasons for doing so, and must develop and act upon
plans that show how they will effectively implement their economic, social
and cultural rights obligations as they obtain the resources to do so.
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Ratification - this is where
a country officially decides that it wants to become a States Party
to a convention, and when it does this we say that the country "ratifies" the convention. This is a very
serious decision, and each country has its own rules about who can make that
decision and what decision-making process should be used. A "ratification
instrument" is a document that lets other countries know that a country has
officially decided to become a States Party to a convention. The ratification
instrument is usually submitted to the secretariat for the convention. For
most UN human rights instruments, ratification instruments are deposited with
the United Nations Secretary General.
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RUDs - this acronym stands
for "reservations,
understandings and declarations." RUDs can be used by countries to exempt
themselves from particular provisions in a convention, or to describe how they
think specific language in a convention should be interpreted. RUDs are filed
by a country at the same time they submit their ratification instrument.
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Signatory - this is where
a country has signed but not yet ratified a convention. Being a signatory means that the country has
indicated that it agrees with the main idea of the convention, that it agrees
it will not take any action to violate the main idea of the convention, and
that it is interested in becoming a States Party in the future. Being a
signatory does not mean that the country is legally required to comply with
all the specific provisions of the convention, as it must when it is a States
Party.
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Social/cultural model of disability -
this is a way of looking at the issue of disability, focusing not
on the individual and their physical or mental characteristics, but
looking instead at the interaction of the individual and society. The social/cultural model of
disability proposes that the problems faced by persons with disabilities are
not the result of the person's impairment(s), but are instead the result of
barriers in society. These barriers may be physical, attitudinal, legislative,
informational, or any other kind of barrier resulting from a society or
culture's failure to accommodate a person.
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States Party - this is a
country that has chosen to join a convention. As a result, the country is legally bound to comply with
its obligations under the convention. A country can usually become a States
Party either by signing and then ratifying the convention, or acceding to the
convention. (See also "signatory," "ratification," and "accession.")
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Thematic human rights conventions -
these are human rights conventions that deal with specific human
rights issues (like racial discrimination or torture), or a particular
group of people (like women or migrant workers). These conventions
do not create new rights, but rather they elaborate existing rights
in the context of a specific group or issue area.
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Treaty - see "Convention"
Treaty monitoring body -
this is a committee of experts mandated to oversee and monitor the
implementation of a convention.
Typically, a convention will indicate how large the committee will be, the
criteria for selection of members, when and where the committee will meet, and
what the committee is authorized to do in monitoring implementation. Many
committees receive reports from States Parties describing what the country has
done to implement its obligations under a convention. The committee will
usually have an opportunity to ask questions of the States Party about the
report, and then provide feedback in response to the report. Committees may
also be mandated to issue general comments giving their interpretation of the
convention. Some Committees can receive complaints from individuals and/or
groups concerned that a States Party is violating its obligations under the
convention.
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United Nations (UN) - this
is an inter-governmental membership organization that was founded
in 1945 and has headquarters in New York and Geneva. As described
in its Charter (the international convention that established the
UN), the UN is dedicated to maintaining international peace and security;
developing friendly relations among nations; cooperating in solving
international economic, social, cultural and humanitarian problems
and in promoting respect for human rights and fundamental freedoms;
and to be a centre for harmonizing the actions of nations in attaining
these ends.
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United Nations Member State -
this is a country that has chosen to join the United Nations. To join the UN, a country must
become a States Party to the UN Charter - this is an international convention
with which UN Member States are legally obligated to comply. When the UN began
in 1945 there were 51 Member States, but membership has grown dramatically
since then, and as of 2006 there are 192 UN Member States.
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