Difficulty: Easy
Correct Answer: Declaration on the Right to Development
Explanation:
Introduction / Context:
The international human rights framework consists of binding treaties such as covenants and conventions, as well as non binding instruments such as declarations and resolutions. Understanding the difference between these categories is crucial for questions on international law and human rights. This question asks you to identify which of the listed instruments is not a binding international human rights treaty but rather a declaration.
Given Data / Assumptions:
- The options include covenants and conventions which are usually binding treaties, and a declaration which is typically non binding.
- The International Covenant on Civil and Political Rights is a well known core human rights treaty.
- The Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities are prominent United Nations conventions.
- The Declaration on the Right to Development is an instrument adopted by the United Nations General Assembly in the form of a declaration.
Concept / Approach:
In international law, covenants and conventions normally denote legally binding treaties once they are ratified by States, whereas declarations are generally considered to be non binding statements of principles or aspirations, although they may influence customary international law. The approach to this question is to distinguish the binding treaties from the declaratory instrument. Three of the options are clearly labelled as a covenant or convention, while one is explicitly a declaration, making it the likely candidate for the correct answer as being not a treaty.
Step-by-Step Solution:
Step 1: Identify the International Covenant on Civil and Political Rights as one of the two major international covenants that form the International Bill of Human Rights; it is a binding treaty.
Step 2: Recognise the Convention on the Elimination of All Forms of Discrimination against Women as a binding treaty focused on women's rights, often described as an international bill of rights for women.
Step 3: Note that the Convention on the Rights of Persons with Disabilities is a binding convention that protects and promotes the rights of persons with disabilities.
Step 4: Observe that the Declaration on the Right to Development is explicitly termed a declaration adopted by the United Nations General Assembly, representing a statement of principles rather than a treaty.
Step 5: Since the question asks which is not an international human rights treaty, the declaration must be chosen as the correct answer.
Verification / Alternative check:
To verify, recall that the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of Persons with Disabilities all have ratification processes, monitoring bodies and periodic reporting mechanisms, typical features of international human rights treaties. By contrast, the Declaration on the Right to Development, adopted in 1986, states important principles about development as a human right but does not establish treaty obligations or a conventional monitoring body in the same way. This difference confirms that the declaration is not a treaty.
Why Other Options Are Wrong:
Option A (International Covenant on Civil and Political Rights) is wrong because it is a binding international human rights treaty that states voluntarily ratify.
Option B (Convention on the Elimination of All Forms of Discrimination against Women) is wrong because it is a binding treaty that obliges States parties to eliminate discrimination against women in various fields and is monitored by a treaty body.
Option C (Convention on the Rights of Persons with Disabilities) is wrong because it is a legally binding convention that advances the rights and dignity of persons with disabilities and has a monitoring committee.
Common Pitfalls:
Some candidates tend to think that all United Nations human rights instruments are binding treaties, overlooking the important category of declarations. Others may be unsure about the status of the right to development and may guess that it is too new or controversial to be a treaty, but fail to remember the exact form in which it was adopted. It is helpful to remember that major core treaties usually contain the words covenant or convention in their titles, whereas declarations, while influential, primarily serve as normative guides and do not create direct treaty obligations unless specifically transformed into treaty form later.
Final Answer:
The instrument that is not a binding international human rights treaty is the Declaration on the Right to Development.
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