DIFFERENCE BETWEEN A DECLARATION AND A CONVENTION

On the legal front, there is a difference between a declaration and a convention on human rights.

Declaration expresses the principles and sets out the standards agreed upon by Member States of an international organisation, which standards are to guide and inspire the actions of governments. It is not legally binding and is neither subject to signing nor ratification by a State. Its adoption is generally done unanimously.

Convention (or Covenant or Charter) on human rights is an international treaty which establishes legal obligations for States parties. It is subject to ratification by States and enters into force when the number of ratifications required has been reached for every convention. It contains specific implementing provisions.

POSITION OF A COUNTRY VIS-A-VIS INTERNATIONAL LAW

The different stages which determine the position of a country vis-a-vis international law:

Adoption: this is the stage at which the States theoretically accepts the content of the convention or treaty.

Signing: this is the stage where the States take into account the existence of the treaty or convention: A State signs to indicate its intention to refrain from taking action that runs counter to the provisions of the text. The signing can be done by the State plenipotentiary.

« The signing of the Convention or one of its Protocols amounts to a preliminary approval. Signing the instrument does not create any binding legal obligation, but signifies the intention of the State to examine the treaty at the national level and to envisage its ratification. Though the signing is not a pledge to ratify, it commits the State not to engage in any acts which are detrimental to the objectives and purpose of the treaty. » Source : http://www.unicef.org/french/crc/index_30207.html accessed on 6 July, 2012