Dear Colin,
Treaties and Declarations have different status in international law. Treaties
are international agreements - such as the treaties that created the European
Union, for instance - and as such are binding on the countries that sign up to
it. The difficulty is usually enforcement, which is, because there is no "world
court", done through diplomatic pressure unless there is a specific
arbitration/court system set up, as there is in the EU, for instance.
I hope that answers your question - feel free to get back to me if you need any
more information.
Yours,
Jeremy.
--
Jeremy Wickins,
PhD Researcher, Biometrics and Social Exclusion,
Sheffield Institute of Biotechnological Law and Ethics (SIBLE),
Department of Law,
University of Sheffield,
169/171, Northumberland Road,
Crookesmoor,
Sheffield. S10 1DF
UK.
Tel: +44 (0)114 222 6881
Fax: +44 (0)114 222 6886
Quoting Colin Revell <[log in to unmask]>:
> Jeremy
>
> Then will the UN Disability Treaty, be any different in having
> 'legal-binding' on the signatories ? I know the UK has signed up for it, but
>
> the USA have not?
>
> Yours
>
> Colin
> >From: Jeremy Wickins <[log in to unmask]>
> >To: Colin Revell <[log in to unmask]>
> >CC: [log in to unmask]
> >Subject: Re: FW: [DisabilityConvention] Why then disabled people need our
> >own UN Disability Convention?
> >Date: Tue, 2 Aug 2005 12:47:48 +0100
> >
> >Dear Colin,
> >
> >The Universal Declaration is not binding on the signatories - that is one
> >of its
> >weaknesses. It is merely a common standard, with no legal force at all.
> >
> >Jeremy.
> >--
> >Jeremy Wickins,
> >PhD Researcher, Biometrics and Social Exclusion,
> >Sheffield Institute of Biotechnological Law and Ethics (SIBLE),
> >Department of Law,
> >University of Sheffield,
> >169/171, Northumberland Road,
> >Crookesmoor,
> >Sheffield. S10 1DF
> >UK.
> >
> >Tel: +44 (0)114 222 6881
> >Fax: +44 (0)114 222 6886
> >
> >
> >
> >Quoting Colin Revell <[log in to unmask]>:
> >
> > > Cindy
> > >
> > > I always thought that the UN Declaration was a 'binding-law' within
> > > Internatioanl law for all 'the-states' who signed the UN Declartion for
> > > Human Rights in 1948.
> > >
> > > Do others know if this correct?
> > >
> > > Yours
> > >
> > > Colin
> > >
> > >
> > >
> > >
> > > >From: Cindy Smith <[log in to unmask]>
> > > >To: Colin Revell <[log in to unmask]>
> > > >Subject: Re: [DISABILITY-RESEARCH] FW: [DisabilityConvention] Why then
> > > >disabled people need our own UN Disability Convention?
> > > >Date: Mon, 1 Aug 2005 09:12:09 -0700 (PDT)
> > > >
> > > >Hi Colin,
> > > >
> > > >I did some research on this for a class of mine--The Universal
> >Declaration
> > > >is not 'binding law" in that it lists rights that should be universal
> >to
> > > >all humans but does not require states to sign on to it as binding law
> >in
> > > >their state--therefore it is more a set of ideals whereas the UN
> >Convention
> > >
> > > >on Persons with Disabilties--like other conventions--will required
> >states
> > > >to sign and ratify for it to enter into force--therefore becoming
> >binidng
> > > >law superseeding indiivdual state law--if you go to the National
> >Council of
> > >
> > > >Disability--www.ncd.gov--and type in international human rights--you'll
>
> >get
> > >
> > > >a bunch of documents that expalin the differences.
> > > >
> > > >Cindy
> > > >
> > > >Colin Revell <[log in to unmask]> wrote:
> > > >1/8/05
> > > >
> > > >To Everyone
> > > >
> > > >I will ask you this same question(again), within the UN Disability
> > > >Convention and UN Disability Convention-2, like I did over a week
> >ago(22nd
> > > >July), but I got no answers, so I'll try again and also send it to
> > > >Danmai(UK
> > > >Disability Network) too and Disability Research forum to see if I get
> >any
> > > >answers there??
> > > >
> > > >You have got my permission of 'copyleft' to share this with others
> >around
> > > >the globe.... Here we go again, so please....
> > > >
> > > >Can someone please explain to be why then disabled people need our own
> >UN
> > > >Disability Convention, when we already have the protection within the
> > > >Universal Declaration of Human Rights?
> > > >
> > > >Are we then 'less then human' then?
> > > >
> > > >I need to remind people that...On December 10, 1948 the General
> >Assembly of
> > > >the United Nations adopted and proclaimed the Universal Declaration of
> > > >Human
> > > >Rights. " I can't remember disabled people being 'exluded' from this,
> >can
> > > >you?
> > > >
> > > >Are not then all disabled people then not given full legal protection
> >under
> > > >the Universal Declaration of Human Rights, or as I said are we 'aliens
> >from
> > > >a different planet' and not then afforded the 'equal' protections
> >within
> > > >these same basic human rights and civil liberties as non disabled
> >people?
> > > >
> > > >I've heard that if we don't watch it, that we could be 'cutting our own
> > > >noses off to spite our faces' and falling into a 'deadly-trap' and the
> >UN
> > > >Disability Convention will actually weaken our basic human rights and
> >civil
> > > >liberties, not strenghten them within it's current context.
> > > >
> > > >So don't say I didn't warn you all!!
> > > >
> > > >Yours
> > > >
> > > >Colin R
> > > >
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