Nandini Maharaj is teaching live on Unacademy Plus
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS BY NANDINI MAHARAJ
unacadem BA (Hons.) History . Lady Shri Ram College for Women Hobbies: reading, dancing Rate, review and recommend! MA Applied Human Rights . Sheffield Hallam University . Kapila Hingorani Scholar .Follow me @ https://unacademy.com/user/ NandiniMaharai/courses
INTRODUCTION A multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 Entered into force from 23 March 1976 in accordance with Article 49 of the covenant. The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair tril s As of August 2017, the Covenant has 172 parties and six more signatories without ratification (including China) Significant non signatories: Bhutan, Malaysia, Myanmar, Saudi Arabia, UAE, etc
INTRODUCTION s The ICCPR is monitored by the United Nations Human Rights Committee (a separate body to the United Nations Human Rights Council) It reviews regular reports of States parties on how the rights are being implemented States must report initially one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee meets in Geneva and normally holds three sessions per year.
INTRODUCTION It had a a preamble and 53 articles Divided into six parts
PART 1 Article 1 only '-Recognizes the right of all peoples to self-determination, s including the right to "freely determine their political status" pursue their economic, social and cultural goals, and manage and dispose of their Recognises a negative right of a people not to be deprived of its means of subsistence trust territories (colonies) to encourage and respect their self-determination own resources * Imposes an obligation on those parties still responsible for non-self governing and
PART 2 Articles 2 5 s Obliges parties to legislate where necessary to give effect to the rights recognised in the Covenant, and to provide an effective legal remedy for any violation of those right Rights be recognised "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status," and to ensure that they are enjoyed equally by women The rights can only be limited "in time of public emergency which threatens the life of the nation," and even then no derogation is permitted from the rights to life, freedom from torture and slavery, the freedom from retrospective law, the right to personhood, and freedom of thought, conscience and religion
PART 3 Articles 6 - 27) lists the rights themselves. These include rights to: physical integrity, in the form of the right to life and freedom from torture and slavery (Articles 6, 7, and 8); liberty and security of the person, in the form of freedom from arbitrary arrest and detention and the right to habeas corpus (Articles 9 -11); procedural fairness in law, in the form of rights to due process, a fair and impartial trial, the presumption of innocence, and recognition as a person before the law (Articles 14, 15, and 16);
PART 3 individual liberty, in the form of the freedoms of movement, thought, conscience and religion, speech, association and assembly, family rights, the right to a nationality, and the right to privacy(Articles 12, 13, 17 24); prohibition of any propaganda for war as well as any advocacy of national or religious hatred that constitutes incitement to discrimination, hostility or violence by law (Article 20); political participation, including the right to the right to vote (Article 25); Non-discrimination, minority rights and equality before the law (Articles 26 and 27) Many of these rights include specific actions which must be undertaken to realise them
PART 4 Articles 28-45 s Governs the establishment and operation of the Human Rights Committee and the reporting and monitoring of the Covenant. It also allows parties to recognise the competence of the Committee to resolve disputes between parties on the implementation of the Covenant (Articles 41 and 42)
PART 6 Articles 48 53 Governs ratification, entry into force, and amendment of the Covenant.