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International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights
The International Covenant of Civil and Political Rights (ICCPR) ensures the protection of civil and political rights. ICCPR was adopted by the UN General Assembly on 19th December 1966, and it came into force on 23rd March 1976.
The ICCPR aims to promote enjoyment of civil and political rights and recognizes the inherent dignity of each individual. Countries that have ratified the ICCPR are bound to protect the basic human rights. Also the ratified countries are obliged to take administrative, judicial and legislative measures to protect the rights as laid in the treaty. Currently there are 74 signatories and 168 parties to the International Covenant on Civil and Political Rights.
States party to the ICCPR recognise that ‘the inherent dignity and… the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the ICCPR.
One can see the values and unifying themes of the International Covenant on Civil and Political Rights in Articles 2 and 3. They are based on the idea of non-discrimination. By Article 2, we come to know the rights recognized in the ICCPR will be available to everyone who is within the territory of the ratified country. Also by Article 3 both men and women equally enjoys all civil and political rights as recognised in the ICCPR.
The ICCPR defines basic rights, such as
• the right to life (Article 6),
• freedom from torture and cruel, inhuman or degrading treatment (Article 7),
• freedom from slavery (Article 8),
• the right to liberty (Article 10) and
• the right to respect for privacy and family (Article 17)
There are two optional protocols to the ICCPR. They are:-
• First Optional Protocol – Under this protocol, the victims have a right to be heard. The Human Rights Committee established by the Covenant has the jurisdiction to receive, consider and hear what the victim wants to say. Currently there are 35 signatories and 115 parties to the First Optional Protocol.
• Second Optional Protocol – The aim of this protocol is to abolish death penalty. Currently there are 37 signatories and 81 parties to the Second Optional Protocol.
The States that have ratified the Covenant have certain obligations. These obligations are divided into three states. They are:-
• to respect human rights – that is, not to violate the rights in the ICCPR;
• to protect the enjoyment of rights – against violations by third parties, such as other individuals or corporations; and
• to fulfil individuals’ rights – to take steps to create an environment in which rights can be fully achieved.
The ICCPR establishes the Human Rights Committee which oversees commitment to the ICCPR. The Committee has 18 members made up of nationals from states parties who act as independent experts. They must have ‘high moral character’ and a ‘recognised competence in the field of human rights.’
The Committee adopts ‘General Comments’ which give guidance on how to interpret the ICCPR. States have the responsibility to submit reports on the steps they have taken to protect, respect and fulfil ICCPR rights. The Committee’s job is looking at these reports to make sure States are making progress.
