■■
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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