CRC/GC/2003/5
page 6
III. RATIFICATION OF OTHER KEY INTERNATIONAL
HUMAN RIGHTS INSTRUMENTS
17.
As part of its consideration of general measures of implementation, and in the light of
the principles of indivisibility and interdependence of human rights, the Committee consistently
urges States parties, if they have not already done so, to ratify the two Optional Protocols to the
Convention on the Rights of the Child (on the involvement of children in armed conflict and on
the sale of children, child prostitution and child pornography) and the six other major
international human rights instruments. During its dialogue with States parties the Committee
often encourages them to consider ratifying other relevant international instruments. A
non-exhaustive list of these instruments is annexed to the present general comment, which the
Committee will update from time to time.
IV. LEGISLATIVE MEASURES
18.
The Committee believes a comprehensive review of all domestic legislation and related
administrative guidance to ensure full compliance with the Convention is an obligation. Its
experience in examining not only initial but now second and third periodic reports under the
Convention suggests that the review process at the national level has, in most cases, been
started, but needs to be more rigorous. The review needs to consider the Convention not only
article by article, but also holistically, recognizing the interdependence and indivisibility of
human rights. The review needs to be continuous rather than one-off, reviewing proposed as
well as existing legislation. And while it is important that this review process should be built
into the machinery of all relevant government departments, it is also advantageous to have
independent review by, for example, parliamentary committees and hearings, national human
rights institutions, NGOs, academics, affected children and young people and others.
19.
States parties need to ensure, by all appropriate means, that the provisions of the
Convention are given legal effect within their domestic legal systems. This remains a challenge
in many States parties. Of particular importance is the need to clarify the extent of applicability
of the Convention in States where the principle of “self-execution” applies and others where it is
claimed that the Convention “has constitutional status” or has been incorporated into domestic
law.
20.
The Committee welcomes the incorporation of the Convention into domestic law, which
is the traditional approach to the implementation of international human rights instruments in
some but not all States. Incorporation should mean that the provisions of the Convention can be
directly invoked before the courts and applied by national authorities and that the Convention
will prevail where there is a conflict with domestic legislation or common practice.
Incorporation by itself does not avoid the need to ensure that all relevant domestic law, including
any local or customary law, is brought into compliance with the Convention. In case of any
conflict in legislation, predominance should always be given to the Convention, in the light of
article 27 of the Vienna Convention on the Law of Treaties. Where a State delegates powers to
legislate to federated regional or territorial governments, it must also require these subsidiary
governments to legislate within the framework of the Convention and to ensure effective
implementation (see also paragraphs 40 et seq. below).