Address to the UN General Assembly (1994)

Question

The 1946 resolution "requests the two Governments to report" on measures adopted, while the 1989 Convention creates a legally binding framework upon ratification. What are the strengths and limitations of each of these mechanisms (a non-binding resolution versus a binding convention) in compelling member states to uphold international obligations regarding human rights?

Synthesized answer

The provided passages describe the United Nations Convention on the Rights of the Child, adopted in 1989, which is subject to ratification and accession, and establishes a legally binding framework upon ratification [Passage 1, Passage 5]. The Convention requires States Parties to submit reports on measures adopted to give effect to the recognized rights and the progress made in enjoying those rights [Passage 4]. These reports, submitted through the Secretary-General of the United Nations, must indicate factors and difficulties affecting the fulfillment of obligations and provide a comprehensive understanding of implementation [Passage 4]. The Convention also allows for amendments that, upon approval by the General Assembly and acceptance by a majority of States Parties, become binding on those that accept them [Passage 2].

The passages do not contain information about a 1946 resolution that "requests the two Governments to report" on measures adopted, nor do they directly compare the strengths and limitations of a non-binding resolution versus a binding convention in compelling member states to uphold international obligations regarding human rights. The information provided…

Synthesized from the book passages below. Chat with the book on Feynman for follow-up.

From the book

ions and general recommendations based on information received pursuant to articles 44 and 45 of the present Convention. Such suggestions and general recommendations shall be transmitted to any State Party concerned and reported to the General Assembly, together with comments, if any, from States Parties. PART III Article 46 The present Convention shall be open for signature by all States. Article 47 The present Convention is subject to ratification. Instruments of ratification shall be deposited with the Secretary-General of the United Nations. Article 48 The present Convention shall remain…
Passage [54]
ority of States Parties present and voting at the conference shall be submitted to the General Assembly for approval. 2. An amendment adopted in accordance with paragraph 1 of the present article shall enter into force when it has been approved by the General Assembly of the United Nations and accepted by a two-thirds majority of States Parties. 3. When an amendment enters into force, it shall be binding on those States Parties which have accepted it, other States Parties still being bound by the provisions of the present Convention and any earlier amendments which they have accepted. Article…
Passage [56]
eadquarters or at any other convenient place as determined by the Committee. The Committee shall normally meet annually. The duration of the meetings of the Committee shall be determined, and reviewed, if necessary, by a meeting of the States Parties to the present Convention, subject to the approval of the General Assembly. 11. The Secretary-General of the United Nations shall provide the necessary staff and facilities for the effective performance of the functions of the Committee under the present Convention. 12. With the approval of the General Assembly, the members of the Committee…
Passage [50]
n two years of the entry into force of the Convention for the State Party concerned; (b) Thereafter every five years. 2. Reports made under the present article shall indicate factors and difficulties, if any, affecting the degree of fulfilment of the obligations under the present Convention. Reports shall also contain sufficient information to provide the Committee with a comprehensive understanding of the implementation of the Convention in the country concerned. 3. A State Party which has submitted a comprehensive initial report to the Committee need not, in its subsequent reports submitted…
Passage [51]
← UN General Assembly Resolution 44/25 ( 1989 ) the United Nations → related portals : United Nations General Assembly Resolutions 677240 UN General Assembly Resolution 44/25 1989 the United Nations Convention on the Rights of the Child Adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989 entry into force 2 September 1990, in accordance with article 49 Preamble The States Parties to the present Convention, Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the…
Passage [4]

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