The International Covenant On Civil And Political Rights

Chanakya Varma Professor Zook PACS 126 27 October 2015 (TITLE) If you could choose one thing to save while your house burned down, what would you choose? Counselors and trainers across the world often ask their clients this question to gauge how they rank their possessions, and prioritize their lives. If only countries could be faced with a similar question. This paper explores the concept of non-derogable human rights as the basis for drawing a distinction between fundamental human rights (of jus cogens nature) and other core human rights (of jus dispositivum nature), and as argued in the paper, this classification sets an innate hierarchy, which when interpreted as such, can minimize conflict and in the worst, aid in resolution. The origin of this argument stems from Article 4 of the International Covenant on Civil and Political Rights (ICCPR) - arguably the most important multilateral treaty for the advancement of human rights - which allows countries to derogate from the conscious upholding of human rights in states of declared emergency as long as their derogation isn’t a conscious act of discrimination, or in violation of the rights mentioned in Articles 6, 7, 8, 11, 15, 16 and 18 of the ICCPR. Before we continue our discussion, it should be noted that despite the fact that human rights are some of the earliest casualties in situations of nationwide crisis, and that emergency priorities aren’t an accurate reflection of non-emergency developmental priorities, theseShow MoreRelatedThe International Covenant On Civil And Political Rights2000 Words   |  8 PagesSection 3 – Article 9 of the International Covenant on Civil and Political Rights This article ensures the prohibition on arbitrary arrest and detention. It has been a long common method to deprive a person of his liberty by imprisoning. The deprivation of liberty is used as preventive measure for further offences occurring, flight or interference with material facts or witnesses in order to fight crime and maintain internal security. 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Drawing almost verbatim on Article 12 of the Universal Declaration of Human Rights (UDHR) , Article 17 of the ICCPR provides that 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 toRead MoreInternational Covenant On Civil And Political Rights1027 Words   |  5 Pagescan be determined that human rights violations occurred in the case of Biff and the rest of the elves at the factory in the North Pole. In his letter, Biff describes being forced into labor, receiving little pay, and being confined to the factory each day. The conditions described by Biff do not reflect standard or acceptable labor practices, and it is evident that Santa Claus’s factory did not follow peremptory norms or the conditions presented in certain human rights conventions that the North PoleRead MoreThe International Covenant On Civil And Political Rights1875 Words   |  8 PagesI. INTRODUCTION Article 26 of the International Covenant On Civil And Political Rights states that all persons are equal before the law . However, the Australian legal system, and specifically the judicial system, are systems based on the idea of justice. While at first thought, this may not seem like an issue, it is important to distinguish that equality is not always synonymous with justice . 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It comprises various interrelated attributes and is often linked to the enjoyment of other rights, such as the right to life and liberty and the prohibition against torture and other forms of cruel, inhuman or degrading treatment or punishment. All persons must have equal rights of access to the courts and tribunals, including accessRead MoreProblems with Ethiopia’s Unofficial Cyber Espionage Essay1038 Words   |  5 Pagesinnocent journalists and violates the United Nations-The International Covenant on Civil and Political Rights - Article 19 Freedom of Expression. The purpose of this paper will address problems with Ethiopia’s unofficial cyber espionage and evaluate the effects this has on journalist Article 19 freedom of expression is violated. Ethiopia’s Anti-Terrorism Proclamation are explained along with The International Covenant on Civil and Political Rights which includes Article 19 and how both are used in journalism The International Covenant On Civil And Political Rights The International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). Both of these treaties protect the right to privacy. Drawing almost verbatim on Article 12 of the Universal Declaration of Human Rights (UDHR) , Article 17 of the ICCPR provides that 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. Article 8 of the ECHR, on the other hand, stipulates that: 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be†¦show more content†¦. A deeper look at the travaux in the main drafting stages in particular shows the complete lack of conceptual coherence among the drafters . Territorial scope was but one of many issues they were considering, and while some states were concerned about the application of the Covenant to specific problems (notably that the Covenant should not require them to protect their nationals abroad against third states, or legislate for the people of occupied Germany) , the preparatory work is remarkably unhelpful when it comes to any first principles regarding the interpretation of Article 2(1). The travaux certainly do not express a clear sentiment by the drafters that the Covenant should never apply extraterritorially. This was indeed the International Court of Justice (ICJ)’s conclusion upon looking at the travaux in the Wall case,83 and is also the conclusion of a number of other detailed examinations. Countries such as the U.S’s categorical opposition to the extraterritorial application of the ICCPR is fundamentally flawed and should be abandoned. The critics of the U.S. position that theShow MoreRelatedThe International Covenant On Civil And Political Rights2000 Words   |  8 PagesSection 3 – Article 9 of the International Covenant on Civil and Political Rights This article ensures the prohibition on arbitrary arrest and detention. It has been a long common method to deprive a person of his liberty by imprisoning. The deprivation of liberty is used as preventive measure for further offences occurring, flight or interference with material facts or witnesses in order to fight crime and maintain internal security. Such a measure should only be allowed if used when necessaryRead MoreThe International Covenant On Civil And Political Rights1669 Words   |  7 Pagesthe concept of non-derogable human rights as the basis for drawing a distinction between fundamental human rights (of jus cogens nature) and other core human rights (of jus dispositivum nature), and as argued in the paper, this classification sets an innate hierarchy, which when interpreted as such, can minimize conflict and in the worst, aid in resolution. The origin of this argument stems from Article 4 of the International Covenant on Civil and Political Rights (ICCPR) - arguably the most importantRead MoreThe International Covenant On Civil And Political Rights Essay2936 Words   |  12 PagesThe International Covenant on Civil and Political Rights (the Covenant) is arguably one of the most important treaties in international human rights law. The Human Rights Committee (the Committee), an independent body of experts established under article 28 of the Covenant are responsible for monitoring the implementation of the Covenant . The Covenant protects and promotes civil and political rights of individuals. It is part of the Universal Declaration of Human Rights, which sets out civil andRead MoreInternational Covenant On Civil And Political Rights1027 Words   |  5 Pagescan be determined that human rights violations occurred in the case of Biff and the rest of the elves at the factory in the North Pole. In his letter, Biff describ es being forced into labor, receiving little pay, and being confined to the factory each day. The conditions described by Biff do not reflect standard or acceptable labor practices, and it is evident that Santa Claus’s factory did not follow peremptory norms or the conditions presented in certain human rights conventions that the North PoleRead MoreThe International Covenant On Civil And Political Rights1875 Words   |  8 PagesI. INTRODUCTION Article 26 of the International Covenant On Civil And Political Rights states that all persons are equal before the law . However, the Australian legal system, and specifically the judicial system, are systems based on the idea of justice. While at first thought, this may not seem like an issue, it is important to distinguish that equality is not always synonymous with justice . With this distinction in mind, it is not hard to imagine that there are aspects of the system that althoughRead MoreThe, Universal Declaration Of Human Rights980 Words   |  4 Pagesstates, in addition to civil society, began to united together in order to ensure history would not repeat itself. This action culminated in the advent of the United Nations. Formed with the intention of promoting international peace and cooperation among sovereign states, the United Nations seemed like a logical step in to ensuring universal rights. In 1948, the â€Å"Universal Declaration of Human Rights† was adopted w ith the intention of protecting and ensuring human rights, which had become a prominentRead MoreThe International Convention On Civil And Political Rights : A Critical Analysis1107 Words   |  5 Pagesunder International Covenant on Civil and Political Rights: A critical Analysis: The international Convention on Civil and Political Rights which is a multilateral treaty came to be adopted by the United Nations on 19th of December 1976, same of which came into force on 23rd of March, 1976 as according to Article 49 the Treaty was to come into force three months after the deposit of thirty fifth instrument of ratification or accession with the Secretary General of United Nations. The Covenant imposesRead MoreThe International Convention Of Civil And Political Rights1871 Words   |  8 PagesHutchings PS 387 Sp 16 Final Paper An Analysis On The International Convention Of Civil and Political Rights Introduction: The International Covenant on Civil and Political Rights was encouraged from the level of conflict and lack of human rights internationally occurring during the World War II. World War II brought about a great amount of concern for encouraging and promoting human rights. The covenant explicitly focuses on the human rights that are expressed in order for the States, signed andRead MoreFair Trial Advantages1242 Words   |  5 PagesINTRODUCTION: The right to a fair trial is one of the fundamental guarantees of human rights and the rule of law, aimed at ensuring the proper administration of justice. It comprises various interrelated attributes and is often linked to the enjoyment of other rights, such as the right to life and liberty and the prohibition against torture and other forms of cruel, inhuman or degrading treatment or punishment. All persons must have equal rights of access to the courts and tribunals, including accessRead MoreProblems with Ethiopia’s Unofficial Cyber Espionage Essay1038 Words   |  5 Pagesinnocent journalists and violates the United Nations-The International Covenant on Civil and Political Rights - Article 19 Freedom of Expression. The purpose of this paper will address problems with Ethiopia’s unofficial cyber espionage and evaluate the effects this has on journalist Article 19 freedom of expression is violated. Ethiopia’s Anti-Terrorism Proclamation are explained along with The International Covenant on Civil and Political Rights which includes Article 19 and how both are used in journalism