A/HRC/10/48
page 5
11. Ratification at the international level should not be confused with ratification at the
national level, which a State might be required to undertake in accordance with its own
constitutional provisions and practice before it expresses consent to be bound internationally.
Ratification at the national level is inadequate to establish the intention of a State to be legally
bound at the international level and the required actions at the international level shall also be
undertaken to this purpose.8
12. Once the State or other entity with treaty-making capacity has expressed its consent to be
bound by the Convention by an act of ratification, accession or confirmation, and where that
treaty has entered into force for that particular State (in the case of the Convention on the Rights
of Persons with Disabilities, on the thirtieth day after the deposit of the instrument),9 the State or
entity becomes a party to the Convention.10 At this stage the State or entity is bound by the
provisions of the treaty under international law.
B. National measures for ratification
13. Constitutional law and practice regulate the various aspects of the process that take place at
national level prior to ratification or accession at the international level. Notwithstanding the
specificities of individual countries, two approaches can be identified for national ratification,
which are defined by the role played by the legislative branch of government.
14. In civil law countries, ratification takes place through the approval of the treaty by the
legislative branch. After the vote of approval, the ratification act is sent to the executive for its
promulgation, publication and deposit with the depositary of the treaty. Numerous States parties
to the Convention that submitted contributions for this study such as Argentina, Chile, Croatia,
Ecuador, Hungary, Mali, Niger, Panama and Spain, for example, ratified the Convention through
a law of parliament; Mexico ratified it through approval by one of its legislative chambers. In
most countries with a common law tradition, on the other hand, as well as in other legal systems,
ratification of the Convention took place through an act of the executive and where parliament
was involved in the process, it was in a consultative capacity. Executive decisions have been
adopted in Bangladesh, New Zealand and Thailand, for example, to ratify the Convention.
15. Regardless of the differences between the two approaches, and of the specificities of
national systems, domestic processes for ratification offer important opportunities for
awareness-raising and promoting understanding of the treaty under consideration.
16. In the first instance, States considering ratification should review national legislation and
policies for compliance with the Convention. Several of the submissions for this study make
reference to such a process being undertaken prior to ratification, the scope and depth of which
8
Ibid.
9
Convention on the Rights of Persons with Disabilities (CRPD), art. 45, para. 2.
10
VCLT, art. 2, para. 1 (g).
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