Journal articles on the topic 'International Covenant on Civil and Political Rights (ICCPR)'
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1
-, Wahyuningsih. "Prinsip Kesetaraan Gender dan Non Diskriminasi dalam KOvenan ICESCR dan ICCPR." Jurnal Hukum PRIORIS 2, no. 1 (May 12, 2016): 19–27. http://dx.doi.org/10.25105/prio.v2i1.324.
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Universal Declaration of Human Rights recognizes the inherent dignity and of the equal and inalienable rights of all members of the human family as the foundation of freedom, justice and peace in the world. To exercise those rights, in 1966 General Assembly of the UN has adopted two Covenant, namely International Covenant of Economic, Social and Cultural Rights and International Covenants on Civil and Political Rights. The States Parties of the two Covenants undertake to guarantee that the rights regulated in the covenants language, religion, political or other opinion, national or social origin, property, birth or other status. So that we can conclude that the two Covenant recognize, the existence of gender equality principle and non discrimination principle.
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Sinaga, Jonny. "Kewajiban Negara dalam ICCPR." Jurnal Hak Asasi Manusia 4, no. 4 (August 30, 2021): 38–47. http://dx.doi.org/10.58823/jham.v4i4.42.
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The ratification of the International Covenant on Civil and Political Rights (JCCPR) has brought new obligations for the Government of the Republic of Indonesia. These obligations consist of general obligation and specific obligation. The general obligation of the Indonesian Government is to take appropriate measures and to develop appropriate policies so as to give effects to the rights in the Covenant. In addition, the Indonesian Government is also expected to fulfill its reporting obligations to the Secretary General of the United Nations with regard to the implementation of the Covenant.
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Natamiharja, Rudi, and Al Gizca Rasya. "Mapping International Laws on Human Rights in the 1945 Constitution of the Republic Indonesia." Journal of Advance in Social Sciences and Policy 1, no. 1 (May 17, 2021): 18–26. http://dx.doi.org/10.23960/jassp.v1i1.26.
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Human rights are granted by all people regardless of discriminatory differences. In this sense, human rights must be respected, guarded, and protected by individuals, broad society, and the State. Generally, human rights are outlined in several international instruments such as Universal Declaration on Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social, and Cultural Rights (ICESCR) 1976. From a national perspective, Indonesia has played its roles in addressing and combating human rights violations by adopting some international provisions into the 1945 Constitution of the Republic Indonesia (Article 28) and ratifying several international instruments on human rights. Recognizing the correlation between international and national law, the study intends to examine to what extent Indonesia has adopted human rights material in international provisions into its constitution. The result of this study shows that almost all contents on human rights in article 28 of the 1945 Constitution of the Republic Indonesia are also contained in the Universal Declaration on Human Rights 1948. Several provisions on the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social, and Cultural Rights (ICESCR) 1976 seem very similar to provided contents on the UDHR 1948. Therefore, it is undebatable that ICCPR and ICESCR also influence the inclusion of human rights contents in the 1945 Constitution on the second amendment in 2000.
4
Joseph, Sarah. "General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life (H.R. Comm.)." International Legal Materials 58, no. 4 (August 2019): 849–71. http://dx.doi.org/10.1017/ilm.2019.31.
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In October 2018, the United Nations Human Rights Committee (UNHRC) adopted General Comment 36 on Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the guarantee of the right to life.
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Hendardi, Hendardi. "Prospek dan Tantangan Implementasi ICCPR." Jurnal Hak Asasi Manusia 4, no. 4 (August 30, 2021): 48–67. http://dx.doi.org/10.58823/jham.v4i4.43.
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Ratification of the International Covenant on Civil and Political Rights (ICCPR) is considered as an important achievement of the human rights struggle in Indonesia. Despite of this progressive episode in the history of human rights development in Indonesia, the prospect of its implementation remains uncertain, whereas the victims of human rights violations in this country still await for the settlement of their cases. The challenges faced by the Indonesian Government to comply with its international legal obligations has to be dealt with the continuity of legal reform and immediate realization of the provisions in ICCPR as well as the socialization of the Covenant itself In doing so, necessary infrastructure should be provided and further promotion of the Covenant should be advanced.
6
Simarmata, Henry. "Kovenan HAM Internasional: Pandangan Umum mengenai Signifikasi dan Perkembangan." Jurnal Hak Asasi Manusia 4, no. 4 (August 30, 2021): 4–11. http://dx.doi.org/10.58823/jham.v4i4.39.
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Indonesia has just ratified the two most important international human rights covenants, namely, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The implications of these ratifications are enormous, either for the government and other state's institutions or for the victims of human rights violation as well as human rights defenders. The two Covenants could becomepart of the effort of legal reform to improve human rights condition in Indonesia. The two Covenants are related with the history of the world organization, namely, the United Nations, in developing the what so called the international law, in this regard the interna• tional human rights law. The human rights law was developed as mechanisms, either Charter-based or Treaty-based. The main purposes of the Indonesian are to maintain peace and prevent violence.
7
Chan, Johannes. "State Succession to Human Rights Treaties: Hong Kong and the International Covenant on Civil and Political Rights." International and Comparative Law Quarterly 45, no. 4 (October 1996): 928–46. http://dx.doi.org/10.1017/s0020589300059789.
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In 1976 the United Kingdom ratified the International Covenant on Civil and Political Rights (ICCPR) and extended it to Hong Kong. Under the Covenant the United Kingdom assumed an obligation to submit periodic reports to the Human Rights Committee on the measures it has adopted to give effect to the rights recognised by the Covenant and on the progress made in the enjoyment of these rights.1 The United Kingdom has submitted four periodic reports on Hong Kong, in 1978,2 1988,3 19914 and 1995.5
8
Jadoon, Aisha, and Ali Asghar Chusti. "U-4 An Analytical Study of the Rights Granted to the Accused during the Trial under ICCPR 1966." Al-Aijaz Research Journal of Islamic Studies & Humanities 5, no. 1 (March 15, 2021): 46–56. http://dx.doi.org/10.53575/u4.v5.01(21).46-56.
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The ICCPR 1966 is an important international human rights treaty that provides a number of protections for civil and political rights. The Charter was adopted by the United Nations General Assembly in 1966 and came into force in 1976. July 2020 So far, the agreement has been ratified by 171 countries. The newly liberated states of Africa and the Caribbean, together with the ICCPR, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, are considered international human rights bills. The ICCPR obliges countries that ratify the agreement to ensure the protection of fundamental human rights, such as the right to life and human dignity, equality before the law, freedom of expression, the right to assembly and other rights also. ICCPR guarantees the fair trial for the accused in three stages i.e. Rights before trial, during trial and after trial. This article appraises the analytical study of the rights granted to the accused during the trial.
9
Feri, Made, and Deli Bunga Saravistha. "IMPLEMENTASI HAM GENERASI PERTAMA DALAM INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS (ICCPR) PADA KEHIDUPAN POLITIK MASYARAKAT DESA MARGA, TABANAN PROVINSI BALI." Jurnal Cakrawala Ilmiah 2, no. 7 (March 23, 2023): 2991–3000. http://dx.doi.org/10.53625/jcijurnalcakrawalailmiah.v2i7.5284.
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The first generation of human rights basically spoke about freedom and political life, in other words, these rights were civil and political rights. In this case, it can be exemplified by the right to life, equality before the law, freedom of opinion, the right to a fair legal process, the right to freedom of religion and the right to vote and be elected in elections. The role of the village apparatus is very important in guaranteeing the implementation of freedom of human rights in society which is reflected in the system of government and protection of the rights of the community in the civil and political fields in accordance with the Law of the Republic of Indonesia Number 12 of 2005 concerning Ratification of the International Covenant On Civil And Political Rights Covenant (International Civil and Political Rights) which is accompanied by a Declaration against Article 1 concerning the ratification of the International Covenant on Civil and Political Rights. The obstacles faced in the fulfillment of civil and political rights in the community can be resolved by using a consensus approach bridged by the Village Consultative Body (BPD) and facilitated by the village apparatus. BPD plays an important role in ensuring the civil and political rights of the people of Marga Dauh Puri Village, Marga District, Tabanan Regency, Bali. Moreover, the UN Human Rights Council has opened up opportunities for complaints for individuals, activists and NGOs. So it is interesting to examine more deeply through two problems, namely regarding the selection mechanism and the absorption of understanding of human rights in the regulation and process of selecting village government apparatus, especially related to civil and political rights in the life of the nation and state of the Marga Village community in particular. With a research method that is somewhat different from human rights research in general, namely Juridical Empirical.
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Schiffrin, Natalia. "Jamaica Withdraws the Right of Individual Petition under the International Covenant on Civil and Political Rights." American Journal of International Law 92, no. 3 (July 1998): 563–68. http://dx.doi.org/10.2307/2997931.
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In October 1997, a little-noticed event took place at the United Nations that may roll back the international legal protection of human rights. Jamaica became the first country to denounce the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and thus withdrew the right of individual petition to the UN Human Rights Committee (Committee). Although it is provided for under the Protocol’s Article 12, no state has previously made such a denunciation.
11
Shiyan, Sun. "The International Covenant on Civil and Political Rights: One Covenant, Two Chinese Texts?" Nordic Journal of International Law 75, no. 2 (2006): 187–209. http://dx.doi.org/10.1163/157181006778666588.
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AbstractThis article discloses the fact that there have coexisted two Chinese texts of the International Covenant on Civil and Political Rights. One of the texts has been widely used by the United Nations and in China for more than three decades. However, it is not the authentic Chinese text of ICCPR. The authentic Chinese text of the Covenant, as published in the United Nations Treaty Series, has been rarely referred to in Chinese literature on human rights. The article compares the two texts and points out a number of mistakes in the widely used text in the light of the object and purpose of the Covenant. The article also analyses the legal and practical consequences of the situation, and proposes both a legally justifiable and practically acceptable solution to the problem.
12
Phillips, Thomas James. "The (In-)Validity of Turkey’s Reservation to Article 27 of the International Covenant on Civil and Political Rights." International Journal on Minority and Group Rights 27, no. 1 (December 16, 2020): 66–93. http://dx.doi.org/10.1163/15718115-02701001.
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Abstract The aim of this article is to examine Turkey’s reservation to Article 27 of the International Covenant on Civil and Political Rights (iccpr) and to advance a plausible argument for its invalidity based upon the relevant secondary rules of international law.
13
Emelonye, Uchenna. "Normative Evolution of Child Rights in Nigeria." Journal of Advance Research in Social Science and Humanities (ISSN: 2208-2387) 6, no. 9 (September 30, 2020): 01–12. http://dx.doi.org/10.53555/nnssh.v6i9.870.
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The normative bedrock and corner-stone of modern human rights is the ‘International Bill of Rights’ (IBR) suspended by three-prong legs, one of which is the Universal Declaration of Human Rights (UDHR).[1] While the UDHR did not articulate any child-specific human rights provision, a deductive reading of the broad spectrum of rights guaranteed in the Declaration disposes it as one of the strongest normative frameworks for the protection of child rights. As ‘a first step in a great revolutionary process’, the UDHR was intended not to be a binding legal instrument but instead a declaration of basic principles of human rights and freedoms.[2]
In a bid to overcome the weaknesses of the UDHR and create a binding legal instrument, the United Nations Commission on Human Rights drafted a pair of binding covenants to complement the UDHR and constitute two of the three-prong stand of the IBR. They are the International Covenant on Civil and Political Rights (ICCPR)[3] and the International Covenant on Economic Social and Cultural Rights (ICESCR).[4] The ICCPR and ICESCR together with the UDHR form the IBR and jointly precipitated the expansion of international human rights standards in the form of treaties, declarations and conventions.
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Abashidze, Aslan. "Universal human rights mechanism on guard of preservation or revision of the institution of family." Eurasian Journal of International Law 1, no. 1 (December 28, 2022): 19–40. http://dx.doi.org/10.32523/2791-0954-2022-1-1-12-28-1.
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The article attempts to comprehensively analyze the institution of family, which is enshrined in the Universal Declaration of Human Rights (UDHR) and in two International Covenants on Human Rights - the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR), which together with the UDHR form the International Bill of Human Rights. The article examines the views of relevant treaty bodies empowered to monitor the implementation of the International Covenants on Human Rights by States parties, represented by the Human Rights Committee and the Committee on Economic, Social and Cultural Rights in relation to the institution of the family, expressed by them in their general comments and related concluding observations on the periodic reports of States parties to the International Covenants. The opinions of the European Court of Human Rights and other human rights treaty bodies in relation to the institution of the family are also presented in comparative order. The article emphasizes that the preservation of the approach that was laid down in the institution of family in the relevant International Covenants on Human Rights, as well as deviations from it, which the author qualifies as ultra vires powers vested in the relevant human rights treaty bodies.
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Safinatunnajah, Awalia, Mahrus Ali, and Papontee Teeraphan. "Compliance of the Subjective Terms of Detention in Criminal Procedure with International Covenant on Civil and Political Rights." Lex Publica 9, no. 2 (December 31, 2022): 67–80. http://dx.doi.org/10.58829/lp.9.2.2022.67-80.
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Detention is one of the coercive measures carried out in the investigation stage. Detention is regulated in Article 21 of the Criminal Procedure Code, in that article there are subjective conditions for detention. Conditions that must be met after the objective conditions. The subjective terms contained in Article 21 paragraph (1) of the Criminal Procedure Code contain an element of concern. This concern has an abstraction in the determination of detention. This can be dependent on the point of view of law enforcement. The International Civil and Political Rights Covenant (ICCPR) has been ratified by Indonesia. The agreement also regulates detention in Article 9 and Article 14 of the ICCPR. The purpose of this study was to determine the suitability of the provisions regarding the subjective conditions of detention in the Criminal Procedure in accordance with the principles of detention in ICCPR. This study uses a normative juridical research method with legal materials and uses a conceptual approach which then draws a conclusion. The result is that the detention regulations in Article 21 paragraph (1) of the Criminal Procedure Code are not in accordance with the principles contained in Article 9 and Article 14 of the ICCPR. To be precise, the principle of legality, the principle of necessity, the principle of proportionality, the principle of equality before the law and the principle of presumption of innocence. Subjective terms in Indonesia rely on the views of law enforcement without any clear boundaries that creates legal uncertainty.
Abstrak. Penahanan merupakan salah satu upaya paksa yang dilakukan dalam tahap penyidikan. Penahanan diatur dalam Pasal 21 KUHAP, dalam pasal tersebut adanya syarat subjektif penahanan. Syarat yang harus dipenuhi setelah syarat objektif. Syarat subjektif yang terdapat dalam Pasal 21 ayat (1) KUHAP mengandung unsur kekhawatiran. Kekhawatiran ini terdapat keabstrakan dalam penentuan penahanan. Hal ini dapat menjadi ketergantungan sudut pandang pada penegak hukum. Internasional Covenant Cipil and Political Rights (ICCPR) telah diratifikasi oleh Indonesia, perjanjian tersebut mengatur juga tentang penahanan pada Pasal 9 dan Pasal 14 ICCPR. Tujuan penelitian ini untuk mengetahui kesesuaian ketentuan tentang syarat subjektif penahanan dalam KUHAP sesuai dengan prinsip penahanan dalam Internasional Covenant on Civil and Political Rights (ICCPR). Penelitian ini menggunakan metode penelitian yuridis normatif dengan bahan hukum dan menggunakan pendekatan konseptual yang kemudian diambil suatu kesimpulan. Hasil dari penelitian ini yaitu peraturan penahanan pada Pasal 21 ayat (1) KUHAP belum sesuai dengan asas-asas yang terkandung dalam Pasal 9 dan Pasal 14 ICCPR. Tepatnya asas legalitas, asas nesesitas, asas proporsionalitas, asas persamaan dihadapan hukum dan asas praduga tidak bersalah. Karena dalam syarat subjektif mengandalkan pada pandangan penegak hukum tanpa ada batasan yang jelas sehingga menimbulkan ketidakpastian hukum.
Kata kunci: ICCPR, Penahanan, Syarat Subjektif, KUHAP, Indonesia
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Temperman, Jeroen. "The International Covenant on Civil and Political Rights and the “Right to be Protected against Incitement”." Journal of Law, Religion and State 7, no. 1 (February 7, 2019): 89–103. http://dx.doi.org/10.1163/22124810-00701005.
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Article 20(2) of the un’s International Covenant on Civil and Political Rights (iccpr) is an odd human rights clause. It provides that “[a]ny advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.” Accordingly, this provision does not appear to codify a fundamental right but rather a sui generis state obligation. The present article aims at providing a legal taxonomy of this international incitement clause, ultimately also answering the question as to whether, despite its unique formulation as speech prohibition, it contains a justiciable right to protection from incitement.
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Baig, Khurram, Mahrukh Tanveer, Ashna Rehman, and Muhammad Shahid. "Unpacking International Commitments: Assessing the Implementation of ICCPR, ICESCR, and the Convention Against Torture in Pakistan's Legal Framework." Pakistan Journal of Criminal Justice 4, no. 1 (January 1, 2024): 01–14. http://dx.doi.org/10.62585/pjcj.v4i1.29.
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Since time immemorial, the discourse surrounding human rights has occupied a central position in societal discussions. In the earliest epochs, these rights were not systematically codified, with the process evolving over centuries. A significant watershed moment occurred post-World War II, marked by the establishment of the United Nations and the consequential adoption of the Universal Declaration of Human Rights. Notwithstanding Pakistan's ratification of the majority of international Human Rights covenants, a comprehensive integration into its domestic legal framework remains elusive. This research article delves into an analysis of three pivotal Human Rights agreements, namely the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention Against Torture. The study analyzes the extent of these treaties' assimilation within the domestic legal system, elucidating the complexities and impediments hindering complete incorporation. The ensuing discourse proffers substantive recommendations aimed at facilitating the seamless integration and efficacious implementation of these international accords, thereby fortifying the safeguarding of human rights on a national scale.
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Sofari, Muhammad Fardi. "Tanggung Jawab Indonesia dalam Penanganan Covid-19 melalui Vaksinasi ditinjau dari Perspektif Hukum Internasional." Jurist-Diction 6, no. 1 (February 25, 2023): 135–52. http://dx.doi.org/10.20473/jd.v6i1.43554.
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Abstract This article aims to identify and analyze the regulations for handling Covid-19 according to international law and Indonesia's responsibilities in fulfilling the Covid-19 vaccination. This article is a normative-legal research that uses a combination of a statutory approach and a conceptual approach. The conclusion obtained is that the right to get vaccinated and the responsibility of the state in fulfilling vaccinations is carried out by the Indonesian government to protect its citizens from being infected with Covid-19 as a fulfillment of individual rights based on human rights according to international law by take into account the provisions in The Universal Declaration of Human Rights. (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). Keywords: international law; covid-19 vaccination; state responsibility. Abstrak Artikel ini bertujuan untuk mengetahui dan menganalisis peraturan penanganan Covid-19 menurut hukum internasional serta tanggung jawab Indonesia dalam pemenuhan vaksinasi Covid-19. Artikel ini merupakan penelitian hukum normatif yang menggunakan kombinasi antara pendekatan peraturan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach). Kesimpulan yang diperoleh adalah bahwa hak mendapatkan vaksinasi dan tanggung jawab negara dalam pemenuhan vaksinasi dilakukan oleh pemerintah Indonesia untuk melindungi warga negaranya agar tidak terjangkit Covid-19 sebagai pemenuhan hak individu berdasarkan hak asasi manusia menurut Hukum Internasional dengan memperhatikan ketentuan dalam The Universal Declaration of Human Rights (UDHR) dan International Covenant on Civil and Political Rights (ICCPR). Kata Kunci: hukum internasional; vaksinasi covid-19; tanggung jawab negara.
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Mujuzi, Jamil Ddamulira. "The Right to Compensation for Wrongful Conviction/Miscarriage of Justice in International Law." International Human Rights Law Review 8, no. 2 (November 30, 2019): 215–44. http://dx.doi.org/10.1163/22131035-00802003.
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Human rights treaties (including Article 14(6) of the International Covenant on Civil and Political Rights (iccpr); Article 3 of the Protocol No. 7 to the European Convention for the Protection of Human Rights and Fundamental Freedoms; and Article 10 of the American Convention on Human Rights) explicitly protect the right to compensation for wrongful conviction or miscarriage of justice. The African Charter on Human and Peoples’ Rights is silent on this right. The Human Rights Committee, the European Court of Human Rights, the African Commission on Human and Peoples’ Rights and the Inter-American Commission on Human Rights have developed rich jurisprudence on the ambit of the right to compensation for wrongful conviction or miscarriage of justice. States have adopted different approaches to give effect to their obligation under Article 14(6) of the iccpr. Relying on the practice and/or jurisprudence from States in Africa, Europe, North America, Asia, and Latin America and on the jurisprudence of the Human Rights Committee, the European Court of Human Rights, the Inter-American Commission on Human Rights and the African Commission on Human and Peoples’ Rights, the article illustrates the approaches taken by some States to give effect to Article 14(6) of the iccpr and the relevant regional human rights instruments.
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Putri, Devita Kartika. "Interpreting ‘Most Serious Crimes’ under Article 6(2) of ICCPR." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 31, no. 3 (January 29, 2020): 419. http://dx.doi.org/10.22146/jmh.48979.
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Article 6 of the International Covenant for Civil and Political Rights protects the right to life. Meanwhile, Article 6(2) stipulates an exception where death penalty may only be imposed for the ‘most serious crimes.’ The Human Rights Committee had previously provided that ‘most serious crimes’ exclude other crimes which do not result in loss of life regardless of how severe the crime may be, including—crimes that threaten national security. In this regard, this Article will attempt to explore the scope of ‘most serious crimes’ by means of interpretation and margin of appreciation.
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Cespedes, Rodrigo. "DRUG POSSESSION, CHILEAN INDIGENOUS PEOPLES, AND CULTURAL DEFENSES." Studia Iuridica, no. 96 (July 7, 2023): 31–40. http://dx.doi.org/10.31338/2544-3135.si.2023-96.3.
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This paper examines two decisions in which the legal dispute was focused on whether it was lawful to possess coca leaves by indigenous peoples to practice rituals according to their traditional customs. Both ILO Convention 169 (ILO C169) and the International Covenant on Civil and Political Rights (ICCPR) were paramount in justifying a cultural defence.
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MARSH, Luke. "The Strategic Use of Human Rights Treaties in Hong Kong’s Cage-Home Crisis: No Way Out?" Asian Journal of Law and Society 3, no. 1 (February 1, 2016): 159–88. http://dx.doi.org/10.1017/als.2015.23.
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AbstractUsing a socioeconomic rights framework, this article will evaluate government policy relating to housing welfare in Hong Kong. In particular, it will explore the alarming plight of cage tenants in Hong Kong, a highly marginalized group estimated to be as many as 200,000 in number, who live day to day in cramped, dank dwellings averaging 15 square feet in size. It will argue that current government policies are incompatible with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the International Covenant on Civil and Political Rights (ICCPR). It will further look at strategies for domesticating these international human rights treaties. In doing so, this article will contribute to the ongoing debate concerning the legal nature of socioeconomic rights.
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PUSPA, I. WAYAN, I. MADE SURADANA, SYAIFULLAH SYAIFULLAH, TRI LAKSONO KURNIAWAN, and MUHAMMAD IKBAL. "KEBEBASAN BERAGAMA PERSPEKTIF HAK ASASI MANUSIA." GANEC SWARA 17, no. 3 (September 15, 2023): 1257. http://dx.doi.org/10.35327/gara.v17i3.574.
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Violations of freedom of religion and worship often occur among the community. If this is allowed to happen, it is feared that it could lead to divisions that lead to the disintegration of the nation. The problem is: "How is the guarantee of freedom of religion and worship in international human rights instruments and in national human rights instruments?" This research is normative legal research, by examining legal materials, both primary legal materials, secondary legal materials and tertiary legal materials. Analysis of legal materials was carried out qualitatively. The research results show that guarantees of religious freedom have been explicitly regulated in both international human rights instruments and national human rights instruments. International human rights instruments are regulated in Article 2 of the General Declaration of Human Rights, and Article 18 of the International Covenant on Civil and Political Rights (ICCPR). Meanwhile, the National Human Rights instrument is guaranteed in the 1945 Constitution of the Republic of Indonesia, namely in Article 28E paragraphs (1) and (2), and Article 29 paragraph 2); Article 22 of Law Number 39 of 1999 concerning Human Rights, and Law Number 12 of 2005 concerning Ratification or Ratification of the International Covenant on Civil and Political Rights (ICCPR), namely in Articles 2 and Article 18. States are expected to be able to implement the provisions in both international human rights instruments and national human rights instruments in providing guarantees of freedom for every person to embrace their own religion and to worship according to that religion and belief
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De Merieux, Margaret. "Extradition as the Violation of Human Rights. The Jurisprudence of the International Covenant on Civil and Political Rights." Netherlands Quarterly of Human Rights 14, no. 1 (March 1996): 23–33. http://dx.doi.org/10.1177/092405199601400103.
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The decision of the Human Rights Committee in Kindler vs. Canada1 marked its first substantive decision on the subject of the violation of human rights under the International Covenant on Civil and Political Rights (ICCPR) consequent upon extradition by a State Party, and making the extradition itself a violation of Covenant obligations. Two cases have followed — Chitat Ng vs. Canada2 and Cox vs. Canada.3 The requesting State in all cases was the United States and given the increase in the numbers of requests for extradition between Canada and that country, from 29 in 1980 to 88 in 1992 and the enthusiasm of Canadian lawyers for proceedings before the Committee, ‘litigation’ in this area is likely to form a significant part of the Committee's work in the future. The ensuing comment analyses the decisions and the issues raised.
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Ravna, Øyvind. "The Fulfilment of Norway’s International Legal Obligations to the Sámi – Assessed by the Protection of Rights to Lands, Waters and Natural Resources." International Journal on Minority and Group Rights 21, no. 3 (August 19, 2014): 297–329. http://dx.doi.org/10.1163/15718115-02103001.
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During the two last decades of the 20th century, Norway has undertaken several commitments pursuant to international law that protect Sámi lands, culture, language and way of life. Norway’s 1988 constitutional amendment framed after the International Covenant on Civil and Political Rights (ICCPR) Article 27 and the ratification of the International Labour Organization (ILO) Convention no. 169 concerning Indigenous and Tribal Peoples in Independent Countries in 1990 are the most prominent of these. The adoption of the 1999 Norwegian Human Rights Act incorporating the ICCPR as internal Norwegian law should also be mentioned. This article examines how Norway complies with the international legal obligations the country has undertaken to protect the indigenous Sámi culture, in relation to land-based renewal resources, marine resources, and mineral resources.
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Praditama, Ida Bagus Mahendra, and Ida Bagus Erwin Ranawijaya. "THE ROLE OF INTERNATIONAL LAW IN PREVENTING AND ADDRESSING HUMAN TRAFFICKING FROM THE PERSPECTIVE OF THE RIGHT TO PRIVACY UNDER ICCPR." POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 3 (May 26, 2023): 198–207. http://dx.doi.org/10.55047/polri.v2i3.620.
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This research aims to explore the regulations and principles of human rights and the role of International Law in preventing and addressing trafficking in persons, with a specific focus on the Right to Privacy outlined in the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the study seeks to analyze the contribution of International Law to combat trafficking in persons from an ICCPR perspective. The act of trafficking violates various principles of international human rights, including the Right to Privacy as stipulated in Article 17 of the ICCPR. However, Article 17 also acknowledges that the right to privacy may be limited in cases of public interest or to safeguard the rights of others. The challenge lies in determining appropriate limitations on the right to privacy in specific situations, leading to norm vagueness. This research adopts a normative legal research method, incorporating a statutory approach relevant to the legal domain under examination, as well as conceptual and analytical approaches. The findings revealed that effective international cooperation is crucial in combating human trafficking. Nations must ensure that their domestic laws align with international legal standards for prevention and intervention in human trafficking. Adoption and implementation of pertinent international instruments such as the Palermo Protocol, an adjunct to the UN Convention against Transnational Organized Crime, and the Protocol on Combating Trafficking in Persons are recommended for this purpose.
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Hamilton, Michael. "THE MEANING AND SCOPE OF ‘ASSEMBLY’ IN INTERNATIONAL HUMAN RIGHTS LAW." International and Comparative Law Quarterly 69, no. 3 (July 2020): 521–56. http://dx.doi.org/10.1017/s0020589320000160.
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AbstractInformed by the ‘assembly’ jurisprudence of the United Nations Human Rights Committee, this article addresses fundamental questions about the meaning and scope of ‘assembly’ in Article 21 of the International Covenant on Civil and Political Rights (ICCPR). In seeking to determine when the right of peaceful assembly might properly be engaged, the article explores the interrelationship of assembly with expression and association and proposes a definition of ‘assembly’—for the purposes of its protection—as ‘an intentional gathering by two or more people (including in private and online/virtual spaces)’. Such definitional reflection is particularly timely in light of the Human Rights Committee's drafting of General Comment No 37 on Article 21.
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Wang, Chao. "Implementation of the ICCPR in Macao since 1999: The Position of Aliens as an Illustration." Chinese Journal of International Law 20, no. 3 (September 1, 2021): 561–79. http://dx.doi.org/10.1093/chinesejil/jmab028.
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Abstract This article provides an overview of the local adaptation of the International Covenant on Civil and Political Rights (ICCPR) in Macao since 1999 and a comparative analysis of the different models of protection of the rights and freedoms of non-residents in Macao and Hong Kong as an illustration of selective adaptation of international human rights law in China’s special administrative regions. The article argues that the theory of selective adaptation of international human rights law helps us to understand the local interpretation and adaptation of international human rights law by identifying the resonance between international human rights laws and the normative discourse underlying locally transformed legislation. Given the similarity in wording of certain provisions of the ICCPR and of the Basic Law, the varying interpretation of these provisions and varying treatment of aliens in the implementation of the ICCPR illustrates the paradigm of selective adaptation of international norms as a coping strategy to balance local needs against the requirement for compliance with external rules. The article suggests the importance of a normative consensus in the local implementation of international human rights standards in that the sharing of international human rights rules does not necessarily indicate consensus on the normative order underlying those rules.
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Corsi, Jessica Lynn. "Drone Deaths Violate Human Rights: The Applicability of the iccpr to Civilian Deaths Caused by Drones." International Human Rights Law Review 6, no. 2 (December 7, 2017): 205–41. http://dx.doi.org/10.1163/22131035-00602005.
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This article argues that the thousands of lethal drone strikes conducted since 2001 violate the International Covenant on Civil and Political Rights (iccpr), and in particular, the right to life. The analysis provided is also applicable to the right to life enshrined in customary international law and regional human rights treaties. While most legal and academic commentary on deaths caused by drones has focused on an international humanitarian law (ihl) framework—perhaps because the primary weaponised drone user, the United States, insists that this is the appropriate legal context—this article argues that a human rights framework for assessing lethal drone strikes is preferable, useful, and necessary. Not only is it likely that the so-called war on terror is a semantic rather than a legal war, the iccpr continues to apply during conflict. Moreover, opacity surrounds most lethal drone strikes, which the Trump administration appears likely to increase, while simultaneously reducing Obama-era safeguards. In that context, a human rights assessment, which will be inherently more stringent towards fatalities than an ihl framework, is urgently needed. The article concludes that the right to life attaches to everyone regardless of the territory in which they are targeted; that effective jurisdiction and control is satisfied upon ability to lethally target an individual; that relevant iccpr rights apply in ungoverned territories as well; and that the threat of terrorism does not displace these rights or the applicability of the iccpr.
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Sancin, Vasilka. "Corruption as a Serious Inhibitor to Human Rights Realisation: A Response from the UN Human Rights Committee." Zbornik Pravnog fakulteta u Zagrebu 71, no. 1 (May 29, 2021): 23–49. http://dx.doi.org/10.3935/zpfz.71.1.02.
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The article first briefly discusses the negative impact of corruption on the enjoyment of human rights, particularly civil and political rights, and States parties’ obligations under the International Covenant on Civil and Political Rights (ICCPR), to then focus on a critical analysis of the UN Human Rights Committee’s practice (HRC), demonstrating that corruption is no longer only occasionally mentioned within differently focused substantive paragraphs of concluding observations, but features prominently, often as a standalone separate concern, followed by specific and detailed recommendations. Such development signals the recognition by the HRC of important interlinkages between corruption and serious effects on a number of ICCPR’s rights. The conclusion offers some thoughts on possible evolution on the issue within the HRC, with the objective of ensuring full realisation and enjoyment of civil and political human rights.
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McGoldrick, Dominic. "A DEFENCE OF THE MARGIN OF APPRECIATION AND AN ARGUMENT FOR ITS APPLICATION BY THE HUMAN RIGHTS COMMITTEE." International and Comparative Law Quarterly 65, no. 1 (November 16, 2015): 21–60. http://dx.doi.org/10.1017/s0020589315000457.
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AbstractThe margin of appreciation (MoA) has become the central conceptual doctrine in the institutional and jurisprudential architecture of the European Convention on Human Rights (ECHR). This article critiques the existence and operation of the MoA within the ECHR system and defends its use. It is submitted that as each of the central justifications for the MoA under the ECHR applies equally to the International Covenant on Civil and Political Rights (ICCPR), so the doctrine should be applied by the Human Rights Committee.
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Chapdelaine-Feliciati, Clara. "Feminicides of Girl Children in the Family Context: An International Human Rights Law Approach." Brill Research Perspectives in Family Law in a Global Society 1, no. 3 (November 27, 2016): 1–81. http://dx.doi.org/10.1163/24058386-12340003.
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AbstractThis monograph examines the issue of feminicide, more specifically female infanticide, in the family context, and the extent to which it is addressed under international law. For this purpose, it explores the phenomenon of feminicide, the origins of son preference and ‘daughter devaluation’ and the myriad factors that underpin female infanticide. Legal semiotics is employed to assess whether the provisions of the International Covenant on Civil and Political Rights (ICCPR 1966), the main international treaty enshrining the right to life, sufficiently tackle female infanticide. Throughout its analysis, this monograph examines several factors that constitute obstacles to the protection of girl children in the family context, as well as relevant legislation and case law. Amendments to the ICCPR are proposed to clarify States parties’ duty of due diligence and ensure that the crime of female infanticide is effectively prohibited, investigated, and prosecuted.
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Kalantry, Sital. "Views Adopted by the Committee under Article 5 (4) of the Optional Protocol, Concerning Communication Nos. 2747/2016 & 2807/2016 (H.R. Comm.)." International Legal Materials 58, no. 1 (February 2019): 195–236. http://dx.doi.org/10.1017/ilm.2019.7.
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On July 17, 2018, the Human Rights Committee, the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), rendered decisions in two similar cases brought by two French nationals against the French state. Both petitioners were Muslim women who challenged Act No. 2010-1192 of 11 October 2010, a French law under which wearing of the niqab, also known as a “full-face veil,” in public spaces is prohibited. These seminal cases constitute the first time that an international arbiter of human rights has ruled that France's face-veil ban violates the human rights of its citizens.
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Soeparna, Intan Innayatun. "THE IMPACT OF THE WTO RETALIATION FROM THE PERSPECTIVE OF HUMAN RIGHTS LAW." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 20, no. 3 (October 13, 2008): 573. http://dx.doi.org/10.22146/jmh.16290.
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World Trade Organization (WTO) dispute settlement system through Panel and Appellate Body, allows sanction to be imposed when a member is unwilling to bring a WTO-inconsistent trade measure into conformity. According to the Article 22 of Dispute Settlement Understanding (DSU), if in a certain case WTO Panel finds a party has failed to make new policy in compliance with the WTO rules, the aggrieved party is entitled to obtain retaliation. The WTO retaliation emerges negative impact for some countries in particular developing or small economic countries. This impact denotes the violation of international human rights law, particularly economic rights that stipulate in Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). This paper explains the impact that arises when WTO retaliation is imposed to a country whether a developed or developing country, from the perspective of international human rights law.
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Maringka, Jan Samuel. "Extradition In Criminal Justice System Related To Foreign Jurisdiction." Pattimura Law Journal 1, no. 2 (March 1, 2017): 79. http://dx.doi.org/10.47268/palau.v1i2.2016.90.
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On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
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Maringka, Jan Samuel. "Extradition In Criminal Justice System Related To Foreign Jurisdiction." Pattimura Law Journal 1, no. 2 (March 31, 2017): 79. http://dx.doi.org/10.47268/palau.v1i2.90.
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On extradition law in Indonesia is based from the fact that since the adoption of the Act in 1979, there have been fundamental changes in the criminal procedure ode in Indonesia, namely the enactment of Law No. 8 of 1981 on Criminal Proceedings and has the ratification of the International Covenant on Civil and Politics Rights (International Convention on Civil and political Rights, abbreviated as ICCPR) under Law No. 12 of 2005 which requires Indonesia to immediately adjust its positive legal provisions in accordance with the principles set out in the ICCPR. Considering the purpose of extradition implementation as an effort to support law enforcement process and related to examination process in extradition case which is not different from the stages of case handling process as regulated in criminal procedure law, it is necessary to affirm the concept of extradition as an integral part of the enforcement process law so that the principle of due process can be implemented consequently in the process of extradition implementation.
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Chaney, Paul. "Civil Society Perspectives on Rights and Freedoms in the Association of Southeast Asian Nations." European Journal of East Asian Studies 22, no. 3 (December 14, 2023): 193–228. http://dx.doi.org/10.1163/15700615-02203005.
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Abstract This pan-regional analysis of non-governmental organisations’ (NGO) perspectives on the contemporary factors which constrain or repress civil society in the Association of Southeast Asian Nations (ASEAN) is based on United Nations’ Universal Periodic Review (UPR) data. It shows that, paradoxically, whilst the majority of ASEAN states have ratified the International Covenant on Civil and Political Rights (ICCPR) that upholds civil society’s political role in promoting rights and democracy, this is inimical to the region’s political elites who regard civil society’s primary function as non-political delivery of social welfare and development. This disjuncture results in repression, performativity, and legitimation. The UPR data reveal an ever-shrinking civil space. Civil society, including human rights defenders (HRD s), faces a raft of rights pathologies, including threats, violence and murder—as well as increasing state restrictions on freedom of association and expression. This is compounded by impunity for offenders, corruption, and government inaction following earlier UPR recommendations.
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Saputri, Ananda Ima. "International Legal Perspective on the Implementation of the Death Penalty Case Study of Mary Jane Fiesta Veloso." Digest: Journal of Jurisprudence and Legisprudence 1, no. 2 (December 10, 2020): 163–96. http://dx.doi.org/10.15294/digest.v1i2.48628.
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Mary Jane, a citizen from the Philippines, was arrested on April 25, 2010 by the police at Adi Sutjipto Airport, Yogyakarta, for her efforts to smuggle 2.6 kilograms of Heroin. In this case, finally in October Marry Jane was sentenced to death by the Sleman District Court on charges of violating Article 114 paragraph 2 of Law Number 35 Year 2009 Regarding Narcotics. Mary Jane sent clemency, which was rejected by President Jokowi. Mary Jane then tried to submit the Judicial Review (PK) and the PK session where the Sleman District Court decided to forward the Mary PK to the Supreme Court (MA). From this there are the main issues raised in this paper namely how international legal review responds to the death penalty that still occurs in several countries, especially Indonesia in Narcotics crime cases and what is the legal basis for the death sentence for drug dealers. The purpose of writing this paper is to increase knowledge of the legality of the death penalty in terms of human rights and international law. This writing uses a research method conducted by studying and analyzing legal materials and related legal issues. Through international legal instruments as in Article 3 of the Universal Declaration of Human Rights (UDHR), Article 6 paragraph (1) of the International Covenant on Civil and Political Rights (ICCPR) and in the Second Optional Protocol to the International Covenant on Civil and Political Rights which are protocols additional to the ICCPR which obliges participating countries to ban the implementation of the death penalty and abolish the death penalty. However, the results of the study show that the application of the death penalty for Narcotics crimes must be carried out to protect the public by capital punishment for Narcotics offenders which does not conflict with human rights and international conventions of civil and political rights so that the death penalty can be applied in Indonesia.
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Welch, Tim, Martin Meenagh, and Yassim M'Boge. "WITNESS ANONYMITY AT THE INTERNATIONAL CRIMINAL COURT: DUE PROCESS FOR DEFENDANTS, WITNESSES OR BOTH?" Denning Law Journal 23, no. 1 (November 26, 2012): 29–46. http://dx.doi.org/10.5750/dlj.v23i1.363.
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The question of how far and in what way to extend protection to witnesses in trials has manifested itself in institutions as diverse as the European Court of Human Rights (ECHR), the Committee of the International Covenant on Civil and Political Rights (ICCPR), the ad hoc criminal tribunals (International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone), and most recently the International Criminal Court (ICC). This is not surprising; as David Lusty has pointed out in his seminal analysis of the use of anonymous accusers, the question has arisen in almost every legal deliberative body for the past two thousand years.
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Mujuzi, Jamil Ddamulira. "The accused’s right to be tried by a competent, independent and impartial tribunal: The drafting history of Article 14(1) of the International Covenant on Civil and Political Rights and how it has been implemented in practice." Problemy Prawa Karnego 7, no. 2 (December 29, 2023): 1–40. http://dx.doi.org/10.31261/ppk.2023.07.02.03.
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The right to a fair trial is made-up of many (sub) rights and one of these is the right to be tried by a competent, independent and impartial tribunal. According to the Human Rights Committee, this is an absolute right. This right is protected in international and regional human rights instruments. It is also provided for in the constitutions and/or pieces of legislation of most countries whether or not they have ratified, acceded to or signed the ICCPR. In this paper, the author studied the constitutions of over 190 countries to demonstrate how they have dealt with this right. These countries include those that have ratified the ICCPR (the majority), signed but not yet acceded to the ICCPR and those that have not yet signed the ICCPR. The study shows that in countries which have ratified/acceded to the ICCPR, six different approaches have been taken to give effect to this right. These approaches range from countries where the constitutions provide for this right in full (mentioning the three elements) to those where this right is not mentioned at all. It is argued that irrespective of which of the six approaches is followed, states which have ratified the ICCPR have an obligation to give effect to this right in full. Relying on the criteria set by the International Law Commission, the author argues that the right to be tried by a competent, independent and impartial tribunal/court has attained the status of jus cogens (peremptory norm) in international law. The author also briefly illustrates how the issue of judicial independence is dealt with in the constitutions of different countries.
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Taylor, Paul. "Thinking Allowed in the Academy." University of Queensland Law Journal 39, no. 1 (March 28, 2020): 117–46. http://dx.doi.org/10.38127/uqlj.v39i1.3893.
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The recent Review of Freedom of Speech in Australian Higher Education Providers (‘the Review’), overseen by the Hon Robert French AC, identified areas for improving freedom of speech and academic freedom, and to that end proposed the adoption of umbrella principles embedded in a Model Code. The Review’s engagement with international human rights law standards was confined, even though many are binding on Australia. As universities consider implementing the Review’s recommendations, this article reflects on the Model Code in the light particularly of the standards established by the International Covenant on Civil and Political Rights (‘ICCPR’). If the drafters of the Model Code had paid closer regard to the ICCPR and other international standards, the result may have been a scheme that more clearly and predictably distinguishes permissible from impermissible restriction on free speech and academic freedom, and gives greater priority to promoting the human rights of those in the academic community than to the institutional power to limit them.
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Lupu, Yonatan. "Best Evidence: The Role of Information in Domestic Judicial Enforcement of International Human Rights Agreements." International Organization 67, no. 3 (July 2013): 469–503. http://dx.doi.org/10.1017/s002081831300012x.
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AbstractIndependent domestic courts play important roles in enforcing international human rights agreements, thereby providing a mechanism by which international institutions can affect government policy. Yet this enforcement power is constrained not only by independence but also by the courts' ability to overcome information problems. Domestic courts' enforcement power depends on information in two ways: the costs of producing legally admissible evidence of abuses and the applicable legal standards of proof. When countries ratify international agreements, judicial enforcement can improve government practices when evidence-production costs and standards of proof are low, but not otherwise. With respect to personal integrity rights violations, evidence is especially difficult to obtain, and standards of proof are high, meaning that the courts will not be able to constrain government practices. By contrast, evidence-production costs and standards of proof are lower for other civil rights violations, so courts will be able to prosecute offenders and bring governments into line with their international commitments. Consistent with this theory, I find that commitments to the International Covenant on Civil and Political Rights (ICCPR) have significantly improved governments' respect for the freedoms of speech, association, assembly, and religion. With respect to personal integrity rights, however, I find that commitments to the ICCPR have not improved government practices.
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Chan, Johannes M. M. "Hong Kong's Bill of Rights: Its Reception of and Contribution to International and Comparative Jurisprudence." International and Comparative Law Quarterly 47, no. 2 (April 1998): 306–36. http://dx.doi.org/10.1017/s002058930006187x.
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The Hong Kong Bill of Rights Ordinance entered into force on 8 June 1991. Its purpose is to incorporate into the law of Hong Kong the provisions of the International Covenant on Civil and Political Rights (“the ICCPR”) as applied to Hong Kong. Being one of the first occasions where the ICCPR has been given direct legal force in a common law jurisdiction, the Hong Kong experience will provide an interesting case study on how an international human rights instrument is received and interpreted in domestic law. Indeed, shortly after the coming into operation of the Hong Kong Bill of Rights Ordinance, the late Professor Opsahl predicted that it would give the ICCPR, and by implication the Human Rights Committee, a potential impact on the Hong Kong domestic legal system which could hardly be expected in other countries. He even suggested that, in dealing with matters which the Human Rights Committee has not yet considered, the interpretation of the Hong Kong courts in applying the Bill of Rights may provide a useful supplement to international human rights law. The Bill of Rights Ordinance is now seven years old. This article will address two issues: first, the impact international and comparative jurisprudence has had on the interpretation of the Hong Kong Bill of Rights and, second, the contribution the Hong Kong jurisprudence on the Bill of Rights has or could have made to the development of international and comparative human rights law.
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Galvão, Vivianny. "O direito estatal à suspensão das obrigações do Pacto Internacional de Direitos Civis e Políticos | The state right to the suspension of the obligations of the international covenant on civil and political right." Revista Justiça do Direito 32, no. 1 (May 15, 2018): 27–48. http://dx.doi.org/10.5335/rjd.v32i1.7222.
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O direito estatal à suspensão das obrigações do Pacto Internacional de Direitos Civis e Políticos Resumo: Este artigo dedica-se à análise do artigo 4.º do Pacto Internacional de Direitos Civis e Políticos de 1966, com especial atenção à interpretação do direito estatal à suspensão das obrigações internacionais. Cabe, atualmente, ao Conselho de Direitos Humanos das Nações Unidas a tarefa de investigar os casos em que esta suspensão acontece, bem como fiscalizar os motivos da suspensão e estabelecer os parâmetros considerados legítimos. Os direitos humanos trazidos pelo Pacto Internacional sobre os Direitos Civis e Políticos, além dos demais tratados em matéria de direitos humanos, limitam o direito estatal de suspensão. As medidas aplicadas pelo Estado que evocam o direito de derrogação precisam ser consideradas estritamente necessárias e sua adoção, fundamentada e temporária; caso contrário, o Estado derrogador será considerado violador das obrigações assumidas na ordem internacional. Somente o instrumento da denúncia é capaz de desobrigar o Estado dos acordos firmados e, ainda assim, essa desvinculação não alcançariam em tese certos costumes internacionais nem, tampouco, as normas de ius cogens ou obrigações erga omnes. Infere-se que a lógica do artigo 4.º, também presente na Convenção Europeia de Direitos Humanos, está norteada pela preservação do Estado Democrático de Direito conforme se extraiu da criação da categoria dos direitos irrevogáveis. Além disso, mesmo diante da possibilidade de suspensão parcial e temporária dos direitos, o Conselho de Direitos Humanos não deixa de fiscalizar a atuação do Estado, pelo contrário, esse Conselho passa a emitir recomendações mais contundentes contra o Estado. Palavras-chave: Direito de suspensão. Direitos humanos. Direito Internacional. Pacto Internacional de Direitos Civis e Políticos. _____ The state right to the suspension of the obligations of the international covenant on civil a: nd political right Abstract: This article is devoted to the analysis of the article 4 of the International Covenant on Civil and Political Rights (ICCPR), 1966, with special attention to the interpretation of state law to the suspension of international obligations. The UN Human Rights Council is now responsible for investigating the cases in which this suspension takes place, as well as monitoring the reasons for the suspension and establishing the parameters considered legitimate. The human rights brought by the ICCPR, in addition to the other human rights treaties, limit the State's right to suspend. The measures applied by the State that evoke the right of derogation must be considered strictly necessary and the adoption, substantiated and temporary. Otherwise, the derogating State shall be considered as violating the obligations assumed in the international order. Only the instrument of denunciation can release the State from the agreements reached and, even so, that untying would not achieve in theory certain international customs nor the norms of jus cogens or obligations erga omnes. It is inferred that the logic of Article 4, which is also present in the European Convention on Human Rights, is guided by the preservation of the Democratic Rule of Law as derived from the creation of the category of irrevocable rights. Moreover, even in the face of the possibility of partial and temporary suspension of rights, the Human Rights Council does not cease to supervise the actions of the State; on the contrary, this Council is issuing more forceful recommendations against the State. Keywords: Human rights. International Covenant on Civil and Political Rights. International Law. Right of suspension.
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Mbori, Harrison. "Ingabire Victoire Umuhoza v. The Republic of Rwanda." American Journal of International Law 112, no. 4 (October 2018): 713–19. http://dx.doi.org/10.1017/ajil.2018.74.
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In its landmark November 24, 2017 judgment in Ingabire Victoire Umuhoza v. The Republic of Rwanda, the African Court on Human and Peoples’ Rights (ACtHPR) or Court) held that certain aspects of the right to a fair trial (presumption of innocence and illegal searches) and the right to freedom of expression under the African Charter on Human and Peoples’ Rights (Banjul Charter) and the International Covenant on Civil and Political Rights (ICCPR) had been violated by the Republic of Rwanda (Respondent State). In its final orders, however, the Court rejected the applicant's prayer for immediate release and deferred its decision on other forms of reparation. The judgment has broad implications on how African states protect and respect the rights to a fair trial and freedom of expression. The case also offers some vital lessons on state backlash towards human rights litigation and African states’ compliance with decisions of international courts (ICs).
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Yuber Lago, Fajar Sugianto, and Syofyan Hadi. "Death Penalty in Indonesian Legal System: Fallibility and the Commitment to International Covenant on Civil and Political Rights." Technium Social Sciences Journal 52 (December 8, 2023): 113–28. http://dx.doi.org/10.47577/tssj.v52i1.10192.
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Indonesia as a sovereign state has inherent ability to determine its own positive law. Departing from that, Indonesia upholds death penalty in its legal system in its Criminal Code and various lex specialis laws. Death penalty has been long an issue of universal concern as it relates to the non-derogable right to life. Meanwhile Indonesia has death penalty in the national laws to maintain its own interest, it is also bound to international commitment in human rights, one of them being ICCPR which has been ratified by Law number 12 of 2005. In ICCPR, state parties are only allowed to apply death penalty for most serious crimes. This article aims to find out what are the measure for most serious crime and if Indonesian law has aligned to the measure. The research employs normative qualitative method, namely research that analyzes meanings, concepts, and characteristics in related products of law and literature by drawing on diverse strategies of inquiry. This research finds out that Indonesia indeed still has some laws not yet aligned with the most serious crime measures despite as a sovereign country, it wields power to make laws (ius poenali) and power to implement its own laws (ius puniendi).
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Matua, Makua Wa. "Domestic Human Rights Organizations in Africa: Problems and Perspectives." Issue: A Journal of Opinion 22, no. 2 (1994): 30–33. http://dx.doi.org/10.1017/s0047160700501905.
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The modern human rights movement, as it is known today, is largely the product of the horrors of the mainly European war of 1939-45. Its rise is mostly a direct result of the abominations committed by the Third Reich during that war. Drawing on the Western liberal tradition, the human rights movement arose primarily to control and contain state action against the individual. The two principal documents of the movement—the 1948 Universal Declaration on Human Rights (UDHR) and the 1966 International Covenant on Civil and Political Rights (ICCPR)—largely establish negative rights that either limit or prohibit altogether government intrusion into the so-called “private realm.”
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Baig, Khurram, Iqra Kiran, and Waqas Ahamad. "The Implementation of Non-Derogable rights under the ICCPR in the context of the defined role of the Treaty bodies." Review of Education, Administration & Law 5, no. 4 (December 31, 2022): 657–64. http://dx.doi.org/10.47067/real.v5i4.296.
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In the context of ICCPR, the doctrine of the non-derogable rights is very significant in its nature keeping in view the concept of the civil and political rights. Further these tights are still available even during the time of public emergency which may threaten the life of the state parties. So the role of those bodies which have manifesto to ensure the implementation of such rights is very significant. In such scenario there is an issue that the states parties are bound to fulfill its obligations during that time of public emergency by fulfilling the conditions envisaged in the Article 4 of ICCPR. Although there are monitoring mechanism is there in the shape of the treaty bodies for the ensuring the implementation of the non-derogable rights. But not with standing that there is dire need of some cogent and effective mechanism to monitor and supervise its execution by internationally recognized bodies which are called treaty bodies in terms of ensuring its implementation in letter and spirit as per the scheme and objective of the International covenant on civil and political rights 1966.
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Hamilton, Michael. "To Facilitate and Protect: State Obligations and the Right of Peaceful Assembly in International Human Rights Law." Asia-Pacific Journal on Human Rights and the Law 21, no. 1 (May 29, 2020): 5–34. http://dx.doi.org/10.1163/15718158-02101002.
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This article distinguishes the obligation of States to ‘facilitate’ and ‘protect’ the right of peaceful assembly under Article 21 of the International Covenant on Civil and Political Rights (iccpr) from State practices that rather seek to ‘manage’ or ‘control’ its exercise. Focusing on the protection of public assemblies in the Asia-Pacific region and drawing principally on the UN Human Rights Committee’s assembly jurisprudence and its Concluding Observations on State reports, it emphasises the critical importance of the language in which State obligations are framed and understood. Many domestic laws over-regulate the right of assembly by creating broad discretionary powers, impermissible grounds of restriction, bureaucratic procedures and onerous liabilities. Such laws reinforce a police ego-image premised on the pernicious logic of ‘management’ and encourage preventive policing tactics that fundamentally undermine the right of peaceful assembly.
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Simović, Miodrag, and Marina Simović. "Victimological analysis of the risk of victimization due to climate change in Bosnia and Herzegovina." Glasnik Advokatske komore Vojvodine 95, no. 4 (2023): 1250–91. http://dx.doi.org/10.5937/gakv95-47886.
Full textAbstract:
The idea that every human being has the right to a clean and healthy environment has captivated the imagination of people worldwide. Is this the case with environmental human rights? The United Nations Charter (1945), the Universal Declaration of Human Rights (1948), and the two human rights covenants - The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (both were adopted in 1966 and entered into force in 1977) omit any reference to whether being human encompasses such a right. Socioeconomic and cultural rights include the rights to dignity, education, health, food, water, sick leave, family leave, and employment, while the right to a healthy environment presents a boundary between these and various other rights. In an attempt to address this issue, the authors first analyze the meaning of the right to environmental protection. They specifically scrutinize the outcomes of the European Climate Conference regarding the scientific contributions to climate change transformations on the European continent, held on May 15th and 16th, 2023, in Warsaw. Additionally, the paper presents insights into climate change and the victimization of citizens, along with the risks of victimization associated with these changes. Building on the discussion, special attention is directed towards the issue of the relationship between Bosnia and Herzegovina and the United Nations Convention on the Law of the Sea (UNCLOS). To achieve an adequate standardization and regulation level, urgent preventive measures are proposed to address victimization in the context of climate change in Bosnia and Herzegovina with the aim of ensuring the right of all citizens to live in a safe, clean, healthy, and sustainable environment.