■■ Reporting by States to United Nations treaty bodies and processes, and to regional bodies; and ■■ Removing reservations that the State may have registered. The goal, in short, is to ensure that internationally recognized rights find a home within national legislation, regulation and practice.60 3. Targeted review of legislation, policy or practice An NHRI providing advice and assistance to the Government on the implementation of international standards will be guided by the country’s particular legal tra­dition. When a State ratifies an international human rights treaty it is required to ensure that its provisions are reflected in national law. In some countries, national constitutions state that ratified instruments are automatically law. In others, international human rights instruments must be formally incorporated into domestic law before taking effect. Most States have mixed approaches. When a State considers whether or not to ratify a treaty or accept an optional protocol, there will usually be a national discussion on the issue. National human rights institutions can play an important advisory role, in particular in stressing how the implementation of the treaty or protocol would improve the national situation. An NHRI might also offer advice if the Government is considering filing a reservation to a treaty. (A reservation is a statement by the Government that certain aspects of the treaty will not or will only partially be applied.) As a general principle, institutions are unlikely to support reservations and will attempt to identify acceptable legislative or other mechanisms that might be required to remove the need for a reservation. An institution would also help the Government understand the national and international consequence of a reservation. If the State nevertheless decides to file a reservation, the institution should seek to limit the scope of the reservation as much as possible and call for regular reviews of the reservation. An NHRI will also likely encourage the Government to accept the optional protocols to certain treaties and advise it on the impact of doing so. The institution should provide regular public updates on the international and regional human rights treaties that the State has ratified, the nature and scope of any reservation it has made and the optional protocols it has accepted. There should be continuous pressure and encouragement for the State to accept and apply the widest possible protection for human rights available. 4. Ratification of human rights instruments National human rights institutions that have the authority to advise the Government on adhering to international treaties can help to advise on the precise nature of the obligations the State would assume upon ratification. This might involve consideration of whether domestic law already conforms with the standards contained in those instru­ments (see the previous section) or whether additional legislative initiatives are required. In a federal system, advice could be given on the implications of acceptance for relations between the central Government and the constituent States. National human rights institutions can support this work by systematically reviewing existing legislation as well as proposed legislation to ensure compatibility with human 60 Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 15. 107

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