Dissertations / Theses on the topic 'International Covenant on Civil and Political Rights (ICCPR)'

This study is the first systematic global analysis of the impact of law on human rights, analyzing the impact of twenty-three constitution provisions and an international covenant on three measures of human rights behavior, over the period of 1976-1996. Three sets of constitutional provisions are analyzed, including 1) ten provisions for individual freedoms and due process rights, 2) nine provisions for elements of judicial independence and 3) four provisions that outline procedures for states of emergency. Additionally, the impact of the International Covenant on Civil and Political Rights on actual human rights behavior is analyzed. Each of these areas of law are evaluated individually, in multiple models in which different elements vary. For example, some models control for democracy with different measures, others divide the data into the Cold War and post-Cold War eras, and some test constitutional indices. Finally, all provisions are simultaneously analyzed in integrated models. Provisions for fair and public trials are consistently shown to decrease the probability of abuse. An index of four freedoms (speech, religion, association, and assembly) decreases the probability of abuse somewhat consistently. Three of the provisions for judicial independence are most consistent in reducing the probability of abuse: the provisions for exclusive judicial authority, for the finality of judges' decisions, and banning exceptional courts. Two of four states of emergency provisions decrease abuse as international lawyers have argued: the provisions for legislative declaration of the emergency and the ban against dissolving the legislature during an emergency. However, two of the provisions are shown to hurt human rights practices: the duration and the derogation provisions. The International Covenant on Civil and Political Rights does not demonstrate a statistically significant impact. While the performance of the constitutional provisions is less than legal scholars would hope, their combined impact over time are shown to be quite large, relative to the impacts of other factors shown to affect human rights abuse.

This thesis examines the practices and procedures of the Human Rights Committee, the body established under the International Covenant On Civil And Political Rights (ICCPR) (1966). Chapter 1 examines the origins of the ICCPR, the principal drafting issues that arose, and the significance of the ICCPR in international law. Chapter 2 examines the organisation and the institutional characteristics of the Human Rights. Committee. Chapter 3 examines and evaluates the practices and procedures of the Human Rights Committee under the reporting procedure in article 40 ICCPR. Chapter 4 examines and evaluates the practices and procedures of the Human Rights Committee under the provisions for individual communications in the Optional Protocol to the ICCPR. Chapters 5-12 examine the jurisprudence of the Human Rights Committee under the reporting procedure (article 40) and the Optional Protocol in respect of selected articles of the ICCPR. Chapter 5 considers article 1 (self-determination). Chapter. 6 considers article 2 (general obligations to respect and ensure the rights in the ICCPR, to give effect to it, and to provide a remedy in the event of violation). Chapter 7 considers article 4 (derogation provision). Chapter 8 considers article 6 (right to life). Chapter 9 considers article 7, (torture and other prohibited treatment and punishment), and, in part, article 10 (treatment of persons deprived of their liberty). Chapter 10 considers article 14 (fair trial). Chapter 11 considers article 19 (freedom of opinion and expression). Chapter 12 considers article 20 (war propaganda and advocacy of national, racial or religious hatred). Chapter 13 provides a general appraisal of the the work of the Human Rights Committee.

In the evolution of international human rights law, the ICCPR and other international instruments impose on State parties human rights obligations regarding the death penalty and prohibition of forced labour. China ratified a series of human rights instruments and is expected to ratify the ICCPR. There remain problems for China what international human rights obligations might mean and how far its practice departs from them. This thesis focuses on harsh punishments relating to such obligations that China might not reserve in order to explore legal consequences of accepting them and assess the relevant Chinese law, its capability of the ratification of the ICCPR. As a member of the United Nations, China should undertake not to embark on a gross violation of any human rights obligations on capital punishment pursuant to customary international law. It also should observe treaty obligations that it accepted regarding capital punishment and forced labour as a party to the CAT, CRC, CERD, GC3, GC4, PAI, PA2, ICESCR, ILO 100, ILO 122 and ILO 182. These treaty standards would not be abused by individual or systematic abuses with precise implementation measures. In China, many aspects of its legislation and practice appear to conform to the requirements of the death penalty and forced labour provided in the ICCPR, to which China has not yet been a party. However, some substantive and procedural guarantees concerned appear to be breached as part of human rights obligations that China should undertake, even if not accepting the ICCPR. In the implementation of these harsh punishments, freedoms from torture and other inhuman treatment are also likely to be violated. These appear to deviate from China’s present official policies concerned and breach its relevant human rights obligations. The relationship between China's present practice and international standards tends to indicate the long course of its human rights progress. It is desirable for Chinese judges to take into account the relevant human rights standards in any sentencing decision at the discretion of them.

Magister Legum - LLM
The right to privacy is recognised as one of the most important individual rights. It is considered to be central to the protection of one's human dignity. It also forms the basis of any democratic society. Furthermore, it is linked to other basic rights, including the rights to freedom of expression and of association.1 The right to privacy is contained and recognised in almost every constitutional bill of rights and major international and regional conventions.2 It is also guaranteed expressly in the Universal Declaration of Human Rights,3 the European Convention on Human Rights,4 the American Convention on Human Rights5 and a number of countries' constitutions.6 The Convention on the Right to the Child recognises the right to privacy of the child.7

碩士
淡江大學
日本研究所碩士班
94
About “The Abolition of the Death Penalty”, it has been the tide and trend internationally. It indeed is helpful to protect and promote the human rights., therefore, numerous International Communities’ NGO are in response to abolish the inhuman Death Penalty to protect humanity righteousness and enhancement. Based on the constitution of Japan and Article 6 of the ICCPR (International Covenant on Civil and Political Rights), the framework of the Thesis has been constructed from that and also evolved to prove that “The Abolition of the Death Penalty” been paid much attention by the International Communities. Then gradually focus on Japan Constitution’s relevant article to see how to define the Right of Life, and even the analysis of life right’s protection. Moreover, continue to have more research and discussion about impetus of “The Abolition of the Death Penalty” by further focusing on the Article 6 of the ICCPR and the Article 36 of the Japan Constitution. According to the misunderstanding of “The Abolition of the Death Penalty” from those past traditional theory and people, we expect “The Abolition of the Death Penalty” can be highlight and respected much more on the path of life right development, through this Thesis’ counterevidence and interpretation. Moreover, for the Article 36 of the Japan Constitution to explore its ism of “The Abolition of the Death Penalty ”, guide its framework and also do the research of Death Penalty’s erroneous judgment and re-judgment false accusation after Death Penalty. By the Article 6 of the ICCPR, to know the expectation of “The Abolition of the Death Penalty”, finally, to find the conclusion of the Article 6 of ICCPR’s goal of “The Abolition of the Death Penalty”. With the experience in Europe and America which replacing Death Penalty by life imprisonment, let it be the example of learning in Japan instead of harangue but by concrete action.

碩士
國立臺灣大學
法律學研究所
102
Regulating hate speech has become an international consensus, but it is facing with some problems in this information era. The International Covenant on Civil and Political Rights (hereinafter “the ICCPR”) article 20 (2) asks countries to enact laws to prohibit hate speech. While countries are trying to set up the regulations to comply with the ICCPR, there are some difficulties regarding hate speech on the Internet. The purpose of the thesis is to analyze how to regulate Internet hate speech under the ICCPR. For one thing, the standard of hate speech may vary from country to country. What standard should the countries use to define hate speech, when such speech is spread via the Internet? Should ICCPR adopt a universal standard or a differentiated standard? Moreover, even regarding it as hate speech, how can countries regulate or punish the speakers abroad? All these questions are unavoidable, when countries want to enact such laws. To achieve the above, this thesis is divided into four parts. First, the thesis analyzes the trend in international law of regulating hate speech. This thesis finds that a lot of international covenants regard spreading hate speech as a crime, and it is punishable. However, the ICCPR provides countries with multiple measures to regulate hate speech. Second, the thesis tries to find the ICCPR’s interpretation in applying article 20(2). By reviewing scholar’s discussions, analyzing the Human Rights Committee of ICCPR’s (hereinafter “the Committee”) explanation and observing the hate speech law of countries, the thesis finds the following tendency. The ICCPR respects nationalized cultures and decisions to determine what kind of speech is hate speech and whether it shall be punished or not. Therefore, it is possible that the same speech may be considered as hate speech, while in another country does not. Thirdly, the thesis analyzes whether the Committee should apply the same standard when regulating internet hate speech. The thesis analyzes the feature of Internet hate speech, and finds that there are two challenges to regulate it. The first thing is that since the Internet has the characteristic of “de-contexualization”, it is hard to judge whether an internet speech is a hate speech. Secondly, it is also hard to punish speakers who spread hate speech abroad. This thesis analyzes the ICCPR’s interpretation about freedom of the Internet, and finds that the Committee still adopts the same standard to deal with internet hate speech as with real world hate speech. Finally, the thesis analyzes how the ICCPR’s standard is practiced on the Internet. The thesis refers to Lawrence Lessig’s method to analyze the issues, and holds that technology can help countries to efficiently regulate Internet hate speech. Using this method, the thesis concludes that the key to fulfilling the ICCPR’s standard is to block hate speech from other countries, not to punish those who spread it. Moreover, by deciding who has the authority to control the Internet code to block information, the thesis establishes four modes to regulate Internet hate speech, which are the governmental mode, the semi-governmental mode, the ISPs-mode, and the user-mode. The thesis holds that the government-mode is the most powerful method to control the Internet. Nevertheless, by using this method free speech will likely be infringed, hence it must not to be adopted to regulate Internet hate speech. Apart from this, countries may adopt the other three modes to regulate Internet hate speech. In conclusion, this thesis holds that the main point of regulating Internet transnational hate speech is the relationship between technology and messages. Via technology, different countries can have different standards toward regulation of internet hate speech which can be tailored to their own cultures. Hence, the regulation object will shift from the punishment of the speakers to the message itself. Eventually, it will conform to the ICCPR’s “differentiated standard”. However, since technology is a powerful tool, countries should show self-restraint in order not to infringe free speech.

碩士
淡江大學
亞洲研究所碩士班
98
In the international human rights, minority means ethnic, religious or linguistic groups in the state. However, not just the number, minority should contain an element of the oppressed or discriminated. Accordingly, in the present society to advocate the principle of equality and universality of human rights, rights of minority is still one issue of human rights. Currently,in the international human rights treaties, Article 27 of the ICCPR is the ony one term that directly guarantees the rights of minority. According to general comments of Human Rights Committee,although the rights protected under article 27 are individual rights, the depend in turn on the ability of the minority group to maintain its culture, language or religion.At the same time, one or other aspect of the rights of individuals protected under that article - for example, to enjoy a particular culture - may consist in a way of life which is closely associated with territory and use of its resources.Accordingly, positive measures by States may also be necessary to protect the identity of a minority and the rights of its members to enjoy and develop the culture and language and to practice their religion, in community with the other members of the group. The Constitution is difficult to directly guarantee the rights of minority. Japan joins ICCPR to guarantee the rights of minority. For example, as the effcet of Article 27, the Japanese government formally recognised the Ainu as ethnic minority groups and an indigenous group. In the Constitution of the Republic of China,it is impossible for Taiwan to formally ratify the ICCPR. Even if Taiwan unilaterally obey the ICCPR,but the difficult for the international human hights into domestic law that abate effective of the ICCPR.Therefore it is necessary to enact a new constitution that can confirm the statehood of Taiwan,so Taiwan can formally joins the ICCPR.In order to guarantee the rights of minority, it is the most effective way.

碩士
淡江大學
日本研究所碩士班
96
This thesis explains International Human Rights, International Covenant on Civil and Political Rihgts,and proved the importance of Non-discrimination principles.Besides, this paper focus on the definiens in the General Comment. By the five The Periodic Report of the government of Japan,and NGO alternative report in Japan to explains Non-discrimination principles and consider to Taiwan human rights questions. This thesis emphasize two importance research directions,the Research Standards on the Rights of Non-discrimination-Focus on the International Covenant on Civil and Political Rihgts and the Constitutions of Japan、Taiwan.This paper goal is expect to in the future Taiwan human rights can apply international human rights. Finally, the thesis is divided into six chapters: Chapter I. Introduction,ChapterII.The background and process about Non-discrimination of the General Comment by Human Rights Committee, ChapterIII.The concept and introduction of The Periodic Report of the government of Japan,and NGO alternative report in Japan.ChapterIV.The introduction of the Constitution of Japan and the judgments in the supreme court of japan.Chapter V.The introduction of the Constitution of R.O.C. and the justices of the Constitutional Court,and ChapterVI,Conclusion of the research standards on the Rights of Non-discrimination.

碩士
淡江大學
日本研究所碩士在職專班
93
The fast-paced information technology development that heralded the advent of the information era also pushed the evolution of the right to privacy from a simple passive right of an individual to be alone to a proactive right to control the privacy of one’s information. In this age of advance technology developments, the protection of the right to privacy has become a trend. In fact, nations and international organizations are now defining laws providing for the protection of all computer processed personal information. Likewise, businesses are taking special precautions and measures to protect the information privacy of their customers. The exchange of personal information on the Internet caused the hedges of national boundaries to disappear; thus making the protection of human rights an extremely important international issue. We are now entering the era of third generation of human rights. The globalization of human rights protection also meant the employment of international systems for the protection of the basic human rights of every individual in every nation as well as for the maintenance of the global peace, on which the world may establish a common global consensus. Therefore, the protection of privacy rights is not just the protection of a basic human right that every government has taken necessary measures to achieve, but also a matter a human right that treaties of nations have sought to safeguard. Article 17 of the International Covenant on Civil and Political Rights (hereafter referred as the Covenant), a treaty recognized by International Law and granted legal binding power, also provided for the protection of privacy rights. As provided in Article 17 of the Covenant “1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks.” In other words, signatories of the Covenant are obliged establish the necessary laws and provisions ensuring the protection of the rights defined in Article 17. Hence, although the Constitution of Japan has not explicitly defined the protection of the right to privacy, the Constitution included privacy rights among the basic human rights it protects; the legal precedents supporting such fact were founded on the protection provided in Article 13 of the Constitution of Japan. This clearly manifests the synergism between the Covenant and the Constitution of Japan in the matter of privacy rights protection. In the Monitor system of the Covenant, Japan merely employed the reporting system. During the examination of the report, the Covenant monitoring body — the ICCPR Human Rights Committee found that public authority had interfered with the right to privacy, and since right to privacy is a right protected by the Covenant under the international human right standards, the Covenant requested the State party to establish laws for its protection, as well as to desist from arbitrarily or illegally interfering with such right. The research framework of this paper is divided into six chapters; namely: Chapter I - Introduction, Chapter II - Overview of International Covenant on Civil and Political Rights, Chapter III - The Impacts of the Covenant on Japan, Chapter IV - Interpretation of Article 17 and Related Cases, Chapter V — Right to Privacy Issues of Japan: the System of Separate Surname for Married Couples, the Protection of the Confidentiality of Communication, and the Protection of Personal Information. It conducted a comprehensive survey of the role of the Covenant on the legislation of the Japan privacy rights laws. Chapter VI — Conclusion conducted an in-depth evaluation of the protection of the right to privacy.

碩士
國立臺灣海洋大學
海洋法律研究所
106
Human rights, which are rights inherent to human beings, are universal and cannot be abridged and infringed arbitrarily by any society or government. The right-to-life is the foundation of all human rights. The death penalty deprives convicted criminals of their rights to live and separate them from society forever, which can be said to be the harshest punishment. In our country, since the “Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights” are promulgated and put in practice in 2009, government agencies at all levels should ensure and promote the realization of all human rights protected by the two covenants The judicial organ formulates standards of capital punishment different from the past based on the spirit of the protection of the right-to-life at article 6 of the “International Covenant on Civil and Political Rights”. For instance, it is forbidden to sentence and execute the death penalty to the physically and mentally disabled. Another example is the sentence of death may be imposed only for the most serious crimes. However, there is still something less than satisfactory in judicial practice. In our essay, the document analysis method, comparative research method and the historical research method are conducted in order to seek and construct a set of procedure and standard of the death penalty, which is fair, transparent, and suitable for our country and in accordance with both the two covenants and the sentencing theory. It can be referenced by future practice and legislation. In the conclusion of our essay, we make suggestions on the aspects of legislative rule of law and the practice of judicial sentence about the death penalty in our country. From the aspect of legislative rule of law, the legislative body should cooperate with the Ministry of Justice on the policy of the abolition of the death penalty; that is, its final goal is abolishing the death penalty. However, before the death penalty is abolished on the law, the first thing we should do is to abolish the death penalty on legal rules for crimes that do not cause death. It can be found on the “Criminal Code of the Republic of China”, “Narcotics Hazard Prevention Act”,” Civil Aviation Act“,” Criminal Code of the Armed Forces”, and” Controlling Guns, Ammunition and Knives Act” in our country. Secondly, the death penalty on the General Provisions of the Criminal Code should be restricted to direct and intentional murder crimes which cause death or other extremely severe result. To comply with the protection of right-to-life on the International Covenant on Civil and Political Rights, those who committed murder crimes with dolus indirectus or dolus indeterminatus should not be sentenced to death. Thirdly, we should add a rule to forbid to sentence and execute the death penalty to the physically and mentally disabled on the General Provisions of the Criminal Code. In 2005, the Human Rights Committee of the United Nations solemnly urge that for those signatories who do not abolish the death penalty or still administer the death penalty, must not sentence and execute the death penalty to the physically and mentally disabled on section 7, line item 3 of the resolution 2005/59. In our country, there are still cases of sentencing the death penalty to the physically and mentally disabled by the Supreme Court, which obviously violate the resolution of the Human Rights Committee mentioned above and thus the regulation should be stipulated on the General Provisions of the Criminal Code. Last, the Code of Criminal Procedure or the Amnesty Act should be amended in order to ascertain the inmates’ rights to seek pardon. From the aspect of the practice of judicial sentence, first, before the death penalty is abolished on the law, try not to sentence the death penalty to the greatest extent and must not sentence the death penalty to those who do not commit direct and intentional murder crimes. Secondly, in order to protect the right of audience and right to be heard of defendant, the defendant should be forced to be present and state a comment for the third instance in the case of death penalty Thirdly, the sentence of death penalty should be made unanimously by the judges of collegial panel. Fourthly, sentence of death should not be made for those crimes which do not comply with the conditions of the most serious crimes. Fifthly, the member of judgement should be changed between the conviction stage and the sentencing stage. Sixthly, the sentencing debates are not necessarily held on trials on matters of fact; however, at least for the case of death penalty, the sentencing debate should be held after the conviction stage, which should be amended in the future. Seventhly, for the case of death penalty, the prosecutor should recommend the sentence of death and propose information for sentencing in the first instance in order to give not only the defendant enough time to prepare sentencing information and evidence but also the court to investigate the sentencing information and evidence provided by the prosecutor and defendant. Last but not least, the prosecutor should give evidence about the subjective elements and the possibility of correction of the actors.

碩士
淡江大學
日本研究所碩士班
97
It is nowadays an irresistible trend to abolish death penalty, which can be easily seen from a sequence of legal human rights documents concerning death sentences worldwide. The thesis is based on the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights Article 6 to bolster the repetitive exploration and disputes of the death penalty issues internationally and on the founding of the Protocol No. 6 and No. 13 to the European Convention for the Protection of Human Rights. The background and the founding of the Second Optional Protocol to the International Covenant on Civil and Political Rights directly relating to the abolishment of death penalty were thus introduced and by the study of which content as to understand countries upholding the abrogation of death penalty, despite encountering doubts and challenges from those with capital punishment, protect human rights with strong efforts and perseverance. Next, the center will be turned to Taiwan and the neighboring country Japan, exploring the death penalty system and related regulations, including laws and constitution. On top of that, the circumstance of the condemned criminals in Japan is especially focused. By comparing the means and rights for international suspects and condemned criminals struggling with its legality and legitimacy, Japan’s human rights protection loopholes and insufficiency are obvious; followed by the analysis of problems and constraints befalling once ratification of the abolition of capital sentence is ratified by Taiwan or Japan. Therefore, via the analysis of the thesis, it is understandable that death penalty no longer conforms to the means of punishment in our time as nor shall it violate or waiver the absolute human rights promoted internationally. The fundamental human right is the right to life itself. Once being deprived of, no more presupposition of every other right protection but an echo the death sentence violates the ultimate purpose of human right.

碩士
東吳大學
人權碩士學位學程
104
The right to Liberty is an ancient legal right of procedural protection, and has been gradually embodied into Taiwan legal system. However, for foreign nationals in Taiwan, before 2015, their right to liberty would be greatly violated due to administrative detention measures in the Immigration Act. This thesis inspects the latest amendment of Taiwan immigration detention laws and regulations on foreign nationals with following steps: first, illustrate J.Y. Interpretations No. 708 and No. 710 on the complexity of protection of foreigners’ right to liberty in Taiwan. Second, examine foreigner detention mechanism in current Immigration Act with International Covenant on Civil and Political Rights(ICCPR) which applied to domestic judicial branches after its ratification in 2009. The study finds that, regarding the protection of right to liberty for foreign nationals in Taiwan, there are still some deficiencies in the Immigration Act despite its latest revision on administrative detention. There are still some clauses that violate International Covenant on Civil and Political Rights, for example, the regulations of arbitrary detention, damage recovery, and the detention centers’ setups will need further inspecting and amending in order to respect and protect the right to liberty of foreign nationals in Taiwan.

碩士
國立東華大學
財經法律研究所
104
Article 7 of the International Covenant on Civil and Political Rights stipulated expressly that everyone have the rights to be free from torture. It is also non-derogation right of jus cogens of the International Law. Human rights is inherent dignity in the world. The Republic of China formulate Act to Implement the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 2009. This thesis aims to analyze the Article 44(3) of the Armed Forces Criminal Act：“The torture mean refers beyond education, training, service, fighting or other military necessary to make acts of inhuman treatment by the military.” In order to know that Article 44(3) is reflected Article 7 of the International Covenant on Civil and Political Rights or not. The research focuses on everyone has the rights to be free from torture on the scope of protection of the international human rights conventions and related instruments.And discuss the "Human Rights Committee,HRC", "Committee against Torture,CAT" and " European Court of Human Rights,ECHR" decision or judgment to realize the scope of torture, then for country practice. Finally, the results indicate that from the legislative policy and implementation practices, providing the army recommendations. We look forward to providing more rigorous safeguards against the military for human rights.

The interpretation of religious feeedom in European and international decision - making practice This diploma thesis focuses on the system of protection of religious freedoms in European and international legislation and explores its interpretation in the decision-making practice of the European Court of Human Rights and the United Nations Human Rights Committee. In recent years, the protection of religious minorities has become a topical issue, giving rise to numerous international judicial decisions. The core of the thesis provides a comprehensive analysis of some of these decisions. The aim of the thesis is to examine the importance international judicial bodies attribute to the protection of religious freedoms in relation to the system of the protection of fundamental human rights. It also discusses conditions and situations in which the exercise of these fundamental rights can be limited without encroaching upon fundamental freedoms of an individual. The introduction provides a definition of the term religion and describes its interpretation in specialized literature. The second chapter looks at the historical development of the protection of religious freedoms, its individual components and the modern concept of religious freedom laid down by international treaties/conventions on human rights...