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Accession is the act of a State to accept an offer or opportunity to become a party to a treaty that other States have already agreed to be bound by. It has the same legal effect as ratification.
This is the process of altering or modifying a law or a legal document, such as a constitution or a treaty.
The CRC defines a "child" as a person below the age of 18.
Child Rights Impact Assessment
GBA Plus is an analytical process that provides a rigorous method for the assessment of systemic inequalities, as well as a means to assess how diverse groups of women, men, and gender diverse people may experience policies, programs and initiatives. GBA Plus considers many other identity factors such as race, ethnicity, religion, age, and mental or physical disability, and how the interaction between these factors influences the way we might experience government policies and initiatives. (ACS+)
Identity factors refer to the fact that every person has a multitude of identities and that the human population is not homogenous. Every person’s lived experiences is affected and shaped by how intersecting identity factors interact with their specific sociocultural, political, and economic context. Identity factors include, but are not limited to: sex, gender, sexual orientation, race, ethnicity, religion, age and mental or physical disability.
Implementation of a treaty refers to the measures taken by a country to comply with the international human rights obligations set out in a treaty. Canada implements international human rights treaties like the CRC in a wide variety of ways, including laws, policies, programs and other measures. (Mise en oeuvre/mettre en oeuvre)
Fundamental human rights are said to be “inalienable” because they cannot be taken away, denied or transferred to another person.
The term “Indigenous children” as used throughout this course refers to children from the three Aboriginal peoples of Canada, as recognized in the Constitution Act, 1982, namely First Nations, Inuit and Métis.
Interdependence means things or people that depend on each other. All human rights are considered interdependent.
An optional protocol is a legal instrument related to an existing treaty that addresses issues that the parent treaty does not cover or does not cover sufficiently. It is usually, although not always, open to ratification or accession only by States that are parties to the parent treaty. For instance, in our context, the Convention on the Rights of the Child is the parent treaty and it has three optional protocols: the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography; the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict and the Optional Protocol to the Convention on the Rights of the Child on a communications procedure.
The preamble is located at the beginning of a treaty. It usually defines, in general terms, the purposes, considerations and motivations that led the parties to conclude the treaty. A preamble does not generally create legal obligations, but may be looked to in interpreting the treaty.
Progressive realization is the standard of implementation that applies to the economic, social and cultural (ESC) rights protected by international human rights treaties. It requires States to continuously take steps to realize ESC rights to the maximum of their available resources, and to abstain from taking deliberately retrogressive measures. The progressive realization standard stands in contrast to immediate realization, which applies to civil and political rights.
Ratification is the process of a State formally agreeing to be bound by an international human rights treaty.
A reservation is a declaration made by a State when it ratifies or accedes to a treaty that says that it reserves the right not to abide by certain provisions of a treaty. A reservation must not be incompatible with the object and the purpose of the treaty.
Refers to any country or group of countries that has/have agreed, through ratification or accession, to be bound by an international treaty or convention.
Similar to a reservation, a statement of understanding is a declaration made by a State upon ratification or accession, by which it purports to explain its understanding of a certain provision of a treaty. Like a reservation, a statement of understanding enables a state to accept a multilateral treaty as a whole by giving it the possibility to clarify how it understands its obligation in regards to a specific provision. A statement of understanding must not be incompatible with the object and the purpose of the treaty.
Substantive rights are rights that create or define core state obligations towards individuals (examples of substantive rights include the right to life and the right to an adequate standard of living). They are different from procedural rights which are rights related to a process or procedure (fair trial rights are an example of procedural rights).
Established in the Convention on the Rights of the Child, the Committee on the Rights of the Child is a body of 18 independent experts, elected by States Parties, that is charged with examining the progress made by States Parties in realizing their obligations under the Convention and its Optional Protocols.
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