ICCPR

galaxy4u 11,611 views 20 slides Mar 22, 2019
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About This Presentation

INTERNATIONAL COVENANTS on CIVIL and POLITICAL RIGHTS


Slide Content

Avinash Murkute – Galaxy4u Pune 1/19
Welcome to Presentation
ICCPR - INTERNATIONAL ICCPR - INTERNATIONAL
COVENANTS on CIVIL and COVENANTS on CIVIL and
POLITICAL RIGHTS adopted by POLITICAL RIGHTS adopted by
GA of UN on 19 Dec 1966 & GA of UN on 19 Dec 1966 &
OPTIONAL PROTOCOLSOPTIONAL PROTOCOLS

Avinash Murkute – Galaxy4u Pune 2/19
The States Parties to the present Covenant,
Considering that, in accordance with the principles proclaimed
in the Charter of the United Nations, recognition of the
inherent dignity and of the equal and inalien able rights of all
members of the human family is the foundation of freedom,
justice and peace in the world,
Inherent dignity of human person
Enjoyment of civil and political freedom and freedom from fear as well as
his economic, social & cultural rights
Obligation of States to promote universal respect for, and observance of,
human rights and freedoms
Realizing that the individual, having duties to other individuals and to the
community to which he belongs, is under a responsibility to strive for the
promotion and observance of the rights recognized in the present Covenant
INTRODUCTION

Avinash Murkute – Galaxy4u Pune 3/19
PART 1 – ARTICLE 1 (S.D.)
(1) All peoples have the right of self-determination. By virtue of
that right they freely determine their political status and freely
pursue their economic, social and cultural development .
(2) All peoples may, for their own ends, freely dispose of their
natural wealth and resources without prejudice to any
obligations arising out of international economic co-operation,
based upon the principle of mutual benefit, and international law.
In no case may a people be deprived of its own means of
subsistence.
The States Parties to the present Covenant, including those
having responsibility for the administration of Non-Self-
Governing and Trust Territories, shall promote the realization of
the right of self-determination, and shall respect that right, in
conformity with the provisions of the Charter of the United
Nations.

Avinash Murkute – Galaxy4u Pune 4/19
PART II – ARTICLE 2
(1)Without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social
origin, property, birth or other status.
(2)Take the necessary steps, in accordance with its constitutional
processes and adopt such legislative or other measures as may be
necessary to give effect to the rights recognized in the present
Covenant.
(3)Each State Party undertakes:
Effective remedy
Competent judicial, administrative or legislative authorities, or by
any other competent authority judicial remedy
To ensure that the competent authorities shall enforce such
remedies when granted.

Avinash Murkute – Galaxy4u Pune 5/19
PART II – ARTICLE 3, 4 & 5
Article 3 - Equal right of men and women to the enjoyment of
all civil and political rights
Article 4 - In time of public emergency which threatens the life
of the nation and the existence of which is officially proclaimed,
the States may take measures derogating from their obligations
and do not involve discrimination solely on the ground of race,
colour, sex, language, religion or social origin.
Article 5 – No Right to engage in any activity or perform any act
aimed at the destruction of any of the rights and freedoms

Avinash Murkute – Galaxy4u Pune 6/19
PART III – ARTICLE 6
Article 6 - Every human being has the inherent right to life.
Abolishment of the death penalty or only for the most serious
crimes. Prevention and Punishment of the Crime of Genocide (Only
by Judge).
Anyone sentenced to death shall have the right to seek pardon or
commutation of the sentence. Amnesty, pardon or commutation of
the sentence of death may be granted in all cases.
Sentence of death shall not be imposed for crimes committed by
persons below eighteen years of age and shall not be carried out
on pregnant women.

Avinash Murkute – Galaxy4u Pune 7/19
PART III – ARTICLE 7, 8, 9 & 10
Article 7 - No to torture or to cruel, inhuman or degrading
treatment or punishment. No medical or scientific experimentation
without free consent.
Article 8 – Slavery or servitude, No forced compulsory labour.
Article 9 – Right to liberty and security of person. No arbitrary
arrest or detention. Reasons at the time of arrest and charges. To
be presented before Judge and guarantee of trial. Proceedings
before court and compensation for unlawful arrest.
Article 10 – Deprived people to be treated with humanity and
with respect for the inherent dignity of the human person.

Avinash Murkute – Galaxy4u Pune 8/19
PART III – ARTICLE 11, 12, 13 & 14
Article 11 – No imprisonment merely on the ground of inability
to fulfil a contractual obligation.
Article 12 – Right to liberty of movement & freedom to
residence. Free to leave any country, including his own. No
arbitrarily deprived of the right to enter his own country.
Article 13 – No unlawful expulsion of an alien lawfully in the
territory.
Article 14 – All persons equal before the courts and tribunals.
In any criminal charge fair and public hearing. Right to be
presumed innocent until proved guilty.

Avinash Murkute – Galaxy4u Pune 9/19
PART III – ARTICLE 15, 16, 17 & 18
Article 15 – No heavier penalty than specified
Article 16 – Right to recognitionas a person before the law.
Article 17 – No arbitrary or unlawful interference with his
privacy, family, home or correspondence, nor to unlawful attacks
on his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article 18 – Everyone shall have the right to freedom of
thought, conscience and religion.

Avinash Murkute – Galaxy4u Pune 10/19
PART III – ARTICLE 19, 20, 21, 22 & 23
Article 19 – Right to hold opinions and freedom of expression
Article 20 – Any propaganda for war shall be prohibited by law
Article 21 – The right of peaceful assembly except ordre public
Article 22 – Right to freedom of association, for example TU.
Article 23 – Right to marry at marriageable age.

Avinash Murkute – Galaxy4u Pune 11/19
PART III – ARTICLE 24, 25, 26 & 27
Article 24 – No child discrimination on the basis of colour, sex,
language, religion, national or social origin, property or birth. Birth
name registration and right to acquire a nationality.
Article 25 – Right to opportunity. (Read article 2)
Article 26 – All are equal before the law and are entitled
without any discrimination to the equal protection of the law
Article 27 – Minority rights not be deprived.

Avinash Murkute – Galaxy4u Pune 12/19
PART IV – ARTICLE 28 to 35
Article 28 – 18 members Human Rights Committee
Article 29 – Members to be selected by secret ballot
Article 30 – Initial election within 6 months
Article 31 – Equitable geographical distribution of members
Article 32 – Members term of four years.
Article 33 – Declaration of VACANT Seat
Article 34 – Fulfillment of VACANT Seat
Article 35 – Emoluments for members with approval of GA

Avinash Murkute – Galaxy4u Pune 13/19
PART IV – ARTICLE 36 to 42
Article 36 – Staff and facilities for functining and performance
Article 37 – Initial meeting at UN HQ
Article 38 – Solemn declaration of impartial and conscientious
Article 39 – Election of officers by committee
Article 40 – Implementation Report Submission within 1 year
Article 41 – Receipt of communications
Article 42 – Ad-hoc Conciliation Commission

Avinash Murkute – Galaxy4u Pune 14/19
PART IV – ARTICLE 43, 44 & 45
Article 43 – Facilities, privileges & immunities to experts on UN
mission
Article 44 – These provision shall supercede other constitutional
provision if made by respective states.
Article 45 – Sumission of annual report

Avinash Murkute – Galaxy4u Pune 15/19
PART V – ARTICLE 46 & 47
Article 46 – Responsibility of various organs
Article 47 – Nothing in the present Covenant shall be
interpreted as impairing the inherent right of all peoples to enjoy
and utilize fully and freely their natural wealth and resources.

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PART VI – ARTICLE 48 & 53
Article 48 – Open for signature subject to ratification
Article 49 – Date of enforcement

Article 50 – Scope – shall extend to all parts of federal states
Article 51 – May propose an amendment
Article 52 – Signatures, ratifications and accessions under
article 48 & The date of the entry into force of the present
Covenant under article 49 and the date of the entry into force of
any amendments under article 51.
Article 53 – Transmission of certified copies to member states

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SIGNATURE
IN FAITH WHEREOF the undersigned, being duly authorized
thereto by their respective Governments, have signed the present
Covenant, opened for signature at New York, on the nineteenth
day of December, one thousand nine hundred and sixty-six.

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MEBERS & SIGNATORIES
Afghanistan, Albania, Algeria, Argentina, Australia, Austria,
Barbados, Belgium, Bolivia, Botswana, BRAZIL, BULGARIA,
BURMA, BURUNDI, BYELORUSSIAN SOVIET SOCIALIST REPUBLIC,
CAMBODIA, CAMEROON, CANADA, CENTRAI. AFRICAN REPUBLIC,
CEYLON, CHAD, CHILE etc.

FOR COMPLETE LIST & OFFICIAL TEXT
Contact – [email protected]

Avinash Murkute – Galaxy4u Pune 19/19
RESERVATIONS & CONCLUSION
The Government of Denmark makes a reservation in respect of
Article 10 (related to treatment to detained etc.) , paragraph
3, second sentence. In Danish practice, considerable efforts are
made to ensure appropriate age distribution of convicts serving
sentences of imprisonment, but it is considered valuable to
maintain possibilities of flexible arrangements.

IT PROVIDES FOR BASIC FRAMEWORK WITH PROVISIONS
FOR INCLUSIONS & EXCLUSIONS and upholds the BARE
MINIMUM PRINCIPLES OF HUMAN RIGHTS.

Thank You
 This work is produced purely for academic purposes.
 Can be downloaded, edited, shared on FOC basis.
 For any questions – please do contact!
AVINASH MURKUTE
Galaxy4u Legal Consulting Pune
www.Galaxy4u.in
Avinash Murkute – Galaxy4u Pune 20/19