UNCAT Ratification Tool
Annex 9: Annotated bibliography of
reports relevant to UNCAT ratification
The following annotated bibliography is a selected list reports relevant to States seeking to ratify the
UNCAT. Each citation, organised alphabetically, is followed by a brief description, intended to offer
uncritical analysis of each source. All citations and links correct at 22 February 2015.
Cosette Creamer and Beth A Simmons, ‘Ratification, Reporting, and Rights: Quality of
Participation in the Convention Against Torture’, Human Rights Quarterly (August 2015),
Forthcoming. Available at SSRN: http://ssrn.com/abstract=2500337 or
http://dx.doi.org/10.2139/ssrn.2500337
The authors examine the quality and frequency of reporting to the Committee against Torture
over a 25 year period to analyse how seriously States parties consider their obligations under the
Convention. They find that late and non‐reporting to the Committee is fairly common. The article
considers that quality reporting from States parties is more likely where regional partners
demonstrate their own commitment to report, and where domestic considerations, including the
capacity of national human rights institutions and other domestic pressures, encourage the
government to achieve its human rights commitments.
Christopher J Fariss, Human Rights Treaty Compliance and the Changing Standard of
Accountability (16 November 2014). Available at SSRN: http://ssrn.com/abstract=2517457
The author examines arguments that assert that States parties violate human rights more than
non‐States parties. He proposes that a changing standard of accountability risks masking real
improvements over time. Once processes of data collection appreciate the changing standard of
accountability, then the relationship between ratification of the��UNCAT and respect for human
rights becomes positive. This finding therefore contests reports which show that there is no
correlation between treaty ratification and an improvement in human rights. Fariss concludes
that the ratification of human rights treaties is associated with higher levels of respect for human
rights over time and across countries.
Ryan Goodman and Derek Jinks, ‘Measuring the Effects of Human Rights Treaties’, Eur J Int Law
(2003) 14 (1): 171‐183. Available at http://www.ejil.org/pdfs/14/1/404.pdf
In response to Hathaway’s article, ‘Do Human Rights Treaties Make a Difference’ (See below), in
which it is asserted that ratification of human rights treaties fails to improve human rights
conditions on the ground, the authors examine whether Hathaway’s empirical analysis was
accurate. They find serious deficiencies with Hathaway’s conclusions, and consider that
Hathaway’s analysis fails to take account of the ways that human rights obligations are
transposed into national practice. Goodman and Jinks consider that the implementation of
human rights is a process. The process starts with the adoption of the relevant treaty, but it does
not end there. Absent more concrete knowledge about the full effects of human rights treaties,
the traditional assumption that human rights treaties advance their core objectives remains
sound.
Oona A. Hathaway, The Cost of Commitment (2003). John M. Olin Centre for Studies in Law,
Economics, and Public Policy Working Papers. Paper 273. Available at
http://digitalcommons.law.yale.edu/cgi/viewcontent.cgi?article=1003&context=lepp_papers
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