International Covenant on Civil and Political Rights The ICCPR entered into force on 23 March 1976. It is divided into six parts: Part I = Right to self-determination Part II = State obligation, undertakings and derogation Part III = Civil and Political Rights Part IV = Human Rights Committee Part V = Interpretation Part VI = Signature, Ratification, Accession Accession Parts one to three are summarized below. The discussion is divided into the article number, basic right involved, and how such right can be achieved, manifested, exercised or restricted.
PART I
Article 1 (1)
All people have the the right to selfdetermination.
-by free determination of their political status -by freely pursuing their economic, social and cultural development
Article 1 (2)
All people, for their own ends, freely freely dispose of their natural wealth and resources.
-this is without prejudice to any obligations arising out of international economic cooperation -in no case may a person be deprived of his/ her own means of subsistence
Article 1 (3)
State Parties to the ICCPR shall promote the realization of the right to self-determination, and shall respect such right in conformity with the UN Charter. PART II
Article 2 (1)
Each State Party to the ICCPR has the undertaking to respect the rights set in the ICCPR.
-the State Party has responsibility towards the rights of all individuals within its territory -and without distinction of any kind, e.g. race, color, sex, language, religion, political or other opinion, national or social origin, property, property, birth or other status.
Article 2 (2)
The undertaking includes includes adopting laws and and measures as may be necessary to give e "ect to the rights recognized in the ICCPR.
-the undertaking must be in accordance with the State’s constitutional processes
Article 2 (3)
Other undertakings include: include: a) To ensure e"ective remedy to any person whose rights are violated, notwithstanding that the violation has been committed by a person acting in an o #cial capacity; b) To To ensure that the right being claimed above is determined by competent judicial, administrative or legislative authorities; and c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 3
State Parties shall ensure ensure the equal right of men and women to the enjoyment of all civil and political rights.
Article 4 (1)
State Parties may take measures derogating from their obligations under the ICCPR.
Article 4 (2)
Derogation is not allowed in Articles 6, 7, 8 (para. 1 and 2), 11, 15, 16 and 18.
Article 4 (3)
Any derogation must be immediately reported to other State Parties through the UN Secretary General.
Article 5 (1)
Nothing in the ICCPR may be interpreted as implying for any State or any group to engage in the destruction of any of the r ights or go beyond the limitation provided in the covenant.
Article 5 (2)
No restriction or derogation shall be allowed on the pretext that the ICCRP does not recognize such rights or that it recognizes them to a lesser extent. PART III
Article 6 (1)
Article 6 (2)
Article 6 (3)
Article 6 (4)
Every human being has the inherent right to life. No one shall be arbitrarily deprived of his life. Sentence of death may be imposed only subject to the following conditions: 1) in countries which have not abolished death penalty; 2) for the most serious crimes; 3) in accordance with the law in force at the time of the commission of the crime; 4) not contrary to the ICCPR; and 5) only carried out pursuant to a final judgment rendered by a competent court. When the deprivation of life constitutes genocide, no derogation shall be allowed from any obligation assumed under the Convention on the Prevention and Punishment of the Crime of Genocide. Anyone sentenced to death shall have the right to seek pardon or commutation. Amnesty, pardon or commutation of sentence maybe granted in all cases.
Subject to the following conditions: -in time of public emergency which threatens the life of the nation; -the existence of such emergency is o#cially proclaimed; -the derogation must only be to the extent strictly required by the exigencies of the situation; -provided that the measures to be used are not inconsistent with the State’s other obligations under international law; and -the measures shall not involve discrimination solely on the ground of race, color, sex, language, religion or social origin.
Other details that must be reported: -reasons for the derogation -termination of such derogation
Article 6 (5)
No death sentence for persons below 18 y/o or for pregnant women.
Article 6 (6)
Nothing in Article 6 shall be invoked to delay or prevent the abolition of death penalty. (see Optional Protocol 2 to the ICCPR)
Article 7
No one shall be subjected to -torture -cruel, inhuman or degrading treatment or punishment -medical or scientific experimentation without the person’s free consent
Article 8 (1)
No one shall be held in slavery.
Article 8 (2)
No one shall be held in servitude.
Article 8 (3)
No one shall be required to perform forced or compulsory labor.
Forced or compulsory labor shall not include: -imprisonment with hard labor as part of the punishment for a crime (as sentenced by a competent court); -any work or service not referred to above, but normally required for a person who is under detention in consequence of a lawful order of court; -any service of a military character; -any service exacted in cases of emergency or calamity threatening the life or well-being of the community; and -any work or service which forms part of normal civil obligations.
Article 9 (1)
Everyone has the right to liberty and security of person.
-no arbitrary arrest or detention -deprivation of liberty shall be based on such grounds and in accordance with such procedure as are established by law
Article 9 (2)
Anyone arrested shall be informed, at the time of arrest, of the reasons for arrest and charges against him.
Article 9 (3)
Anyone arrested shall be brought promptly before a judge or other o #cer authorized by law to exercise judicial power, and shall be entitled to trial.
Article 9 (4)
Anyone arrested shall be entitled to take proceedings before a court.
Article 9 (5)
Anyone arrested due to an unlawful arrest or detention shall be compensated.
Article 10 (1)
Those deprived of liberty shall be treated with humanity and dignity.
Slavery and slave-trade in all their forms shall be prohibited.
Article 10 (2)
The accused shall be segregated from convicted persons, save in exceptional circumstances. They shall be treated appropriately as unconvicted persons. Accused juvenile persons shall be separated from adults and must be brought speedily for adjudication.
Article 10 (3)
The penitentiary system shall be for reformation and social rehabilitation.
Article 11
No one shall be imprisoned merely on the ground that he failed to fulfill a contractual obligation.
Article 12 (1-4)
Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose residence. Everyone shall be free to leave any country, including his own. No one shall be arbitrarily deprived of the right to enter his own country.
Article 13
An alien lawfully in the territory of a State Party maybe expelled only in pursuant of a decision reached in accordance with law. Except for compelling reasons of national security, he shall be allowed to submit the reasons against his expulsion.
Article 14 (1-7)
All persons shall be equal before the courts and tribunals.
Article 15 (1-2)
No one shall be held guilty of an o"ense which, at the time of such commission, was not a criminal o "ense. Nor a heavier penalty shall be imposed than the one that was applicable at the time when the o "ense was committed.
Article 16
Everyone shall have the right to recognition everywhere as a person before the law.
Article 17 (1-2)
No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation.
Restrictions on this right -shall be provided by law; -are necessary to protect national security, public order, public health, morals or the rights of others; -are consistent with the other rights recognized in the ICCPR
The right includes -fair and public hearing by a competent, independent and impartial tribunal established by law -press and public may be excluded for reasons of morals, public order, etc. -judgment, however, shall be made public except where the interest of juvenile persons is involved -to be presumed innocent until proven guilty, etc.
Article 18 (1-4)
Everyone shall have the right to freedom of thought, conscience and religion.
-no one shall be subject to coercion that would impair his freedom to have religion -freedom to manifest religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health or morals or the fundamental rights and freedoms of others -respect liberty of parents to ensure the religious and moral education of their children
Article 19 (1-3)
Everyone shall have the right to hold opinions without interference.
Subject to certain restrictions: -for the respect of the rights or reputations of others -for the protection of national security or public order, public health or morals
Article 20 (1-2)
Any propaganda for war shall be prohibited by law. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.
Article 21
The right of peaceful assembly shall be recognized.
Restrictions: -in conformity with the law -necessary in a democratic society in the interests of national security or public safety, public order and the protection of health or morals, and rights of others
Article 22 (1-3)
Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.
Restrictions: -in conformity with the law -necessary in a democratic society in the interests of national security or public safety, public order and the protection of health or morals, and rights of others -lawful restrictions may be placed on members of the armed forces and police in their exercise of this right
Article 23 (1-4)
The right of men and women of marriageable age to marry and to found a family shall be recognized.
Free and full consent of the intending spouses is necessary.
Article 24 (1-3)
Every child shall have, without any discrimination as to race, color, sex, language, religion, national or social origin, property or birth, the right to such measures of protection as are required by his status as a minor, on the part of his family, society and the State.
Right includes -immediate registration after birth -to acquire nationality
Article 25
Right to take part in the conduct of public a"airs, directly or through freely chosen representatives; to vote and to be elected; to have access to public service in his country, on general terms of equality.
Article 26
All persons are equal before the law and are entitled without any discrimination to the equal protection of the law.
Article 27
In those States in which ethnic, religious or linguistic minorities exist, persons belonging to such minorities shall not be denied the right, in community with the other members of their group, to enjoy their own culture, to profess and practise their own religion, or to use their own language.