Last Update: December 2017
Institutional Framework Database for Social Policy
in Latin America and the Caribbean
Legal and regulatory dimension
The legal and regulatory dimension refers to the existing legal base of the institutional framework of social policy as a central element to identify the State's commitments to guarantee the economic, social, and cultural rights of people. This dimension incorporates the adherence and ratification of international compacts and treaties, the guarantee of rights, and the presence of different social themes in constitutional texts and specific national laws and regulations. Thus, it includes sectoral social laws, especially social development and social protection laws, as well as legislation devoted to specific segments of the population.


Latin America and the Caribbean (33 countries): signing and ratification or accession to covenants, conventions and agreements on economic, social and cultural rights (Number of countries)
International instrument Year Sign Ratification/Accession Total
Convention on the Elimination of All Forms of Discrimination against Women 1979 0 33 33
Convention on the Rights of the Child 1989 0 33 33
International Convention on the Elimination of All Forms of Racial Discrimination 1963 0 32 32
Convention on the Rights of Persons with Disabilities 2006 2 30 32
C111 - Discrimination (Employment and Occupation) Convention ,ILO. 1958 0 31 31
International Covenant on Economic, Social and Cultural Rights 1966 1 29 30
Protocol to the American Convention on Human Rights 1988 4 16 20
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families 1990 2 17 19
C169 - Indigenous and Tribal Peoples Convention, 1989 (No. 169), ILO. 1989 0 15 15
C102 - Social Security (Minimum Standards) Convention, 1952 (No. 102), ILO. 1952 0 10 10
C105 - Abolition of Forced Labour Convention (núm. 105) 1957 0 33 33
C182 - Worst Forms of Child Labour Convention 1999 0 33 33
C097 - Migration for Employment Convention (Revised), 1949 (No. 97), ILO. 1949 0 16 16
C189 - Domestic Workers Convention, 2011 (No. 189), ILO. 2011 0 13 13
C118 - Equality of Treatment (Social Security) Convention, 1962 (No. 118), ILO. 1962 0 9 9
C143 - Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), ILO. 1975 0 1 1
C048 - Maintenance of Migrants' Pension Rights Convention, 1935 (No. 48), ILO. 1935 0 0 0
C157 - Maintenance of Social Security Rights Convention, 1982 (No. 157) 1982 0 0 0
Convention Relating to the Status of Refugees 1951 1 27 28
Protocol Against the Smuggling of Migrants by Land, Sea and Air 2006 0 26 26
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children 2000 0 28 28


Metadata
The main procedures for a State to become part of an International Compact is through a signature, ratification, or adherence. By signing the legal instrument, States only declare their general support towards the objective and the provisions of it. They also declare their intention to become constituents in the future and legally obligate themselves to do so. However, signing itself does not equate to giving consent to be legally obligated by the instrument. Therefore, an agreement before ratification is required for the State to become a constituent. Only States that signed the Compact when it was open to signatures (that is, between its enactment and the deadline for signatures, July 4th, 2001) can ratify it.
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