International Covenant on Civil and Political Rights
(New York, 16 December 1966)
OBJECTIVES
The Universal Declaration of Human Rights of 1948 was codified into two Covenants, which the General Assembly adopted on 16 December 1966. Together with the Optional Protocols, they constitute the "International Bill of Human Rights". The International Covenant on Civil and Political Rights is a landmark in the efforts of the international community to promote human rights. It defends the right to life and stipulates that no individual can be subjected to torture, enslavement, forced labour and arbitrary detention or be restricted from such freedoms as movement, expression and association.
KEY PROVISIONS
The Covenant is divided into six parts. Part I reaffirms the right of self-determination. Part II formulates general obligations by States Parties, notably to implement the Covenant through legislative and other measures, to provide effective remedies to victims and to ensure gender equality, and it restricts the possibility of derogation. Part III spells out the classical civil and political rights, including the right to life, the prohibition of torture, the right to liberty and security of person, the right to freedom of movement, the right to a fair hearing, the right to privacy, the right to freedom of religion, freedom of expression, freedom of peaceful assembly, the right to family life, the rights of children to special protection, the right to participate in the conduct of public affairs, the over-arching right to equal treatment, and the special rights of persons belonging to ethnic, religious and linguistic minorities. Part IV regulates the election of members of the Human Rights Committee, the State reporting procedure and the inter-State complaints mechanism. Part V stipulates that nothing in the Covenant shall be interpreted as impairing the inherent right of all peoples to enjoy and to utilize fully their natural resources. Part VI provides that the Covenant shall extend to all parts of federal States and sets out the amendment procedure. The Covenant is not subject to denunciation.
The Human Rights Committee monitors implementation by States Parties in a variety of ways. Initial and periodic reports are examined by the plenary, which formulates concluding observations with concrete recommendations. In order to assist States Parties in preparing reports, the Committee has formulated 28 general comments, which constitute a commentary on the provisions of the Covenant. Well in advance of the examination of a report, the Committee forwards a list of issues to the State Party concerned. The list is prepared by the members and takes into consideration information received from other United Nations organs and specialized agencies as well as from non-governmental organizations.
ENTRY INTO FORCE
The Covenant entered into force on 23 March 1976.
HOW TO BECOME A PARTY
The Covenant is open for signature, indefinitely, and ratification and accession by any State Member of the United Nations or member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and by any other State which has been invited to become a party by the General Assembly of the United Nations.
OPTIONAL AND/OR MANDATORY DECLARATIONS
State Parties may declare certain rights derogated for the duration of officially proclaimed public emergency, which threatens the life of the nation. The derogation is possible to the extent strictly required by the exigencies of the situation and it cannot be made if inconsistent with other international law obligations, if it involves discrimination solely on the ground of race,
colour, sex, language, religion or social origin, or if it is made with regard to certain core provisions.
State Parties may at any time declare that they recognize the competence of the Human Rights Committee to receive and consider communications to the effect that a State Party claims that another State Party is not fulfilling its obligations under the present Covenant.
RESERVATIONS
The Covenant is silent on reservations.
WITHDRAWAL/DENUNCIATION
The Covenant is silent on withdrawal.
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