An international human rights treaty (sometimes called a ‘convention’) is a collection of human rights standards that has been put into the form of an agreement between different countries.
To be bound by a treaty, a government must take formal steps to become a ‘party’ to it. This will generally either be a two-step process (comprising signature, followed by ratification), or a single-step process, called ‘accession’. Both processes ultimately make the country ‘a party’ to the treaty, and bind the government to the treaty’s terms.
Governments agree to ensure that all people living within their jurisdiction are able to access and enforce the rights outlined in the treaty. This often involves becoming subject to UN scrutiny. Scrutiny might be by special committees set up under the treaty, other governments, the community sector, or individuals who also monitor a government’s actions and pressure them to protect the rights outlined in the treaty.
Australia’s signing a human rights treaty does not automatically make the human rights it contains part of our domestic law. Further legislative steps must be taken to give a treaty legal force in Australia, including the enactment, prior to ratification or accession, of any domestic legislation necessary to implement the treaty.
The Australian Government is responsible for becoming party to treaties and participating in UN processes. Australian, State and Territory governments do not participate directly in these processes, however, they are often instrumental in giving effect to the human rights contained in treaties to which Australia is a party.
Implementing human rights
Even though human rights exist as a birthright, to be effective they need to be supported by law and able to be used in practice. This happens in many ways: through the UN, through our governments, the police, our employers, our families, our friends and through us as individuals. Our own awareness and support for human rights is one of the most important ways to enforce them. Governments however remain accountable for ensuring the implementation of convention obligations within their countries.
Governments can implement an international human rights treaty in a range of ways. Creating new laws, while critical, does not always lead directly to change in the social practices and attitudes which underpin human behaviour and lead to human rights violations. Governments aim to reduce violations in the following ways:
- creating laws that make human rights violations illegal under Australian law
- adopting policies and programs to ensure people have access to their human rights
- ensuring that human rights are properly enforced, including providing resources and assistance, access to courts and appropriate punishment for violations
- providing education and awareness raising programs about human rights.