Introduction

The Convention has been widely ratified in only a few years. By 1 October 2013, the Convention had 137 contracting parties and its Optional Protocol 78. This means that over half the world has indicated its consent to be bound by the Convention. Yet, there is still work to be done to achieve universal acceptance. Module 3 introduces the main concepts and processes underlying ratification, which should help train and motivate representatives of States, civil society and national human rights institutions in countries that have not yet ratified the Convention.

In delivering a training session on ratification, it is important to highlight that ratification of an international treaty is a complicated process which varies from country to country. First of all, the term ratification is used in different ways and can cause some confusion. For example, ratification can refer to the adoption of a treaty at the national level (such as adoption by the national parliament), but it can also refer to the international act of adhering to a treaty. Furthermore, some countries accede to a treaty rather than ratify it, so the term ratification might be less relevant than accession. At the same time, the treaty is subject to formal confirmation by regional integration organizations such as the European Union. While the term ratification tends to be used as a catch-all phrase, strictly speaking it might be more relevant to some jurisdictions than others.

Second, the process underlying ratification tends to differ from county to country. Some countries have comprehensive national discussions prior to international ratification, while others ratify the treaty first and undertake national discussions later. Some countries simply ratify the Convention internationally and do not take any further step at the national level.

Consequently, in presenting module 3, the facilitator should be aware of the relevant national processes and adapt the module accordingly.