ICCPR

1. Presented by:
Surakshya Poudel
BPH 2nd batch ( 4th yr )
UCMS
International Covenant on
Civil and Political Rights
(ICCPR)
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2. Key terms
• Covenant
Binding agreement between states; used synonymously
with Convention and Treaty.
• Civil rights
Those rights that constitute free and equal citizenship in a
liberal democracy.
• Political rights
Entail the power to participate directly or indirectly in the
establishment or administration of government, such as the
right of citizenship, the right to vote, and the right to hold
public office.
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3. Introduction
• The International Covenant on Civil and Political Rights
(ICCPR) is a multilateral treaty adopted by the United
Nations General Assembly Resolution 2200A (XXI) on
December 16, 1966, and in force from March 23, 1976.
• The ICCPR is part of the International Bill of Human Rights,
along with the International Covenant on Economic, Social
and Cultural Rights (ICESCR) and the Universal Declaration
of Human Rights (UDHR) with its two Optional Protocols.
• As of September 2019, the Covenant has 173 parties and six
more signatories without ratification (e.g. China), 25 states
have neither signed nor ratified the treaty.
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4. CONTD….
• The International Covenant on Civil and Political Rights is
monitored by the Human Rights Committee, a group of 18
experts who meet three times a year to consider periodic
reports submitted by member States on their compliance with
the treaty.
• Members of the Human Rights Committee are elected by
member states, but do not represent any State.
• The Covenant contains two Optional Protocols.
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5. The First Optional Protocol
Allows victims of human rights violation to be heard by the
Committee.
 Creates an individual complaints mechanism whereby
individuals in member States can submit complaints, known
as communications, to be reviewed by the Human Rights
Committee.
 As of September 2019, the First Optional Protocol has 116
parties.
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6. The Human Rights Committee Function
1. To review the implementation of the rights in the ICCPR by
considering periodic reports from States Parties.
2. To issue General Comments that give guidance in the
interpretation of the rights.
3. To consider inter-State complaints, i.e., complaints lodged
by one State Party against another State Party (there have
been none to date).
4. To consider communications (i.e., complaints) from
individuals submitted under the first Optional Protocol
procedure .
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7. The Second Optional Protocol
Abolishes the death penalty.
 It was entered into force on July 11, 1991 .
As of September 2019, the Second Optional Protocol had 87
parties.
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8. If states have joined the Optional Protocol
The committee may make recommendations based on
complaints from individuals.
All States parties are obliged to submit regular reports to the
Committee on how the rights are being implemented.
States must report initially one year after acceding to the
Covenant and then whenever the Committee requests (usually
every four years).
The Committee examines each report and addresses its
concerns and recommendations to the State party in the form
of "concluding observations.”
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9. PURPOSE
• The ICCPR recognizes the inherent dignity of each individual
and undertakes to promote conditions within states to allow
the enjoyment of civil and political rights. Countries that have
ratified the Covenant are obligated “to protect and preserve
basic human rights and to take administrative, judicial, and
legislative measures in order to protect the rights enshrined in
the treaty and to provide an effective remedy.”
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10. Covenant structure
• The Covenant follows the structure of the UDHR and
ICESCR, with a preamble and fifty-three articles, divided
into six parts:
• Part I (Article 1)
• Part II (Articles 2 – 5)
• Part III(Articles 6 – 27)
• Part IV(Articles 28 – 45)
• Part V (Articles 46 – 47)
• Part VI (Articles 48 – 53)
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11. Part I-Article 1
All peoples have the right of self-determination,
including the right to determine their political status and
freely pursue their economic, social and cultural
development.
(E.g the right to life, liberty and security;freedom of
movement, including freedom to choose a place of residence
and the right to leave the country;freedom of thought,
conscience, religion, peaceful assembly and association)
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12. Part II-Article 2
Each State must respect and ensure to all people within
its territory and jurisdiction all rights in this treaty
without discrimination of any kind.
E.g race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other
status.
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13. Article 3
The States undertake to ensure the equal right of men
and women to the enjoyment of all rights in this treaty.
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14. Article 4
Derogation from State obligations is to be strictly limited.
(In time of public emergency which threatens the life of the nation and the
existence of which is officially proclaimed)
Article 5
No derogations restriction upon or derogation from any of the
fundamental human rights recognized or existing in any State Party to
the present Covenant pursuant to law, conventions, regulations or custom
on the pretext that the present Covenant does not recognize such rights or
that it recognizes them to a lesser extent.
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15. Part III-Article 6
Everyone has the right to life.
• In countries which have not abolished the death penalty, sentence of
death may be imposed only for the most serious crimes in accordance
with the law in force at the time of the commission of the crime and this
penalty can only be carried out pursuant to a final judgement rendered by
a competent court.
• 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.
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16. Article 7
No one shall be subjected to torture or cruel or degrading
treatment or punishment.
In particular, no one shall be subjected without his free
consent to medical or scientific experimentation
Article 8
No one shall be held in slavery or servitude.
(freedom from slavery, forced labour, and arbitrary arrest or
detention;the right to a fair and prompt trial;the right to privacy)
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17. Article 9
Everyone has the right to liberty and security of person.
No one shall be arrested or detained arbitrarily.
• Anyone who is arrested shall be informed, at the time of
arrest, of the reasons for his arrest and shall be promptly
informed of any charges against him.
• Anyone who has been the victim of unlawful arrest or
detention shall have an enforceable right to compensation
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18. Article 10
Everyone deprived of liberty shall be treated with
respect.
• Accused persons shall, save in exceptional circumstances,
• Accused juvenile persons shall be separated from adults and
brought as speedily as possible for adjudication.
• The penitentiary system shall comprise treatment of prisoners
the essential aim of which shall be their reformation and
social rehabilitation.
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19. Article 11
No one shall be imprisoned merely for failing to pay a
debt(contractual obligation).
Article 12
Everyone has the right to freedom of movement and to
leave and enter his own country.
• (Except those which are provided by law, are necessary to
protect national security, public order , public health or morals
or the rights and freedoms of others, and are consistent with the
other rights recognized in the present Covenant.)
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20. Article 13
An alien lawfully in the territory of a State Party may be
expelled only in accordance with law.
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21. Article 14
 Everyone is equal before the law.
Everyone has the right to a fair trial.
Everyone has the right to be presumed innocent until
proven guilty.
No one shall be liable to be tried or punished again for an
offence for which he has already been finally convicted or
acquitted in accordance with the law and penal procedure of
each country.
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22. Article 15
No one shall be held guilty of a criminal offense when the act did not
constitute a criminal offense under national or international law, at
the time when it was committed.
lighter penalty
Article 16
 Everyone has the right to be recognized everywhere as a person
before the law.
Article 17
Everyone has the right to privacy , family, home or correspondence,
nor to unlawful attacks on his honour and reputation. 22

23. Article 18
Everyone has the right to freedom of thought, conscience and
religion.
Article 19
Everyone has the right to freedom of opinion and expression.
(Freedom to seek, receive and impart information and ideas of all kinds,
regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice.)
Article 20
 Propaganda for war shall be prohibited. Hate speech that constitutes
incitement to discrimination or violence shall be prohibited.
• Any advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence shall be prohibited by
law.
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24. Article 21
Everyone has the right to peaceful assembly.
Article 22
Everyone has the right to freedom of association, including
the right to join a trade union for the protection of his
interests.
Article 23
All adults have the right to marry and found a family.
Free and full consent of the intending spouses.
• In the case of dissolution, provision shall be made for the necessary
protection of any children.
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25. Article 24
Every child shall have protection as required by his status as a
minor, without discrimination of any kind.
Every child has the right to a nationality.
Article 25
 Every citizen has the right to take part in public affairs and to vote.
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26. Article 26
Everyone is equal before the law and has the right to
equal protection of the law, without discrimination of any
kind.
Article 27
Ethnic, religious, or linguistic minorities shall not be
denied the right to enjoy their own culture.
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27. Part IV- (Articles 28 – 45)
Governs the establishment and operation of the Human Rights
Committee and the reporting and monitoring of the Covenant.
• It also allows parties to recognise the competence of the Committee to
resolve disputes between parties on the implementation of the Covenant
(Articles 41 and 42).
Part V- (Articles 46 – 47)
• clarifies that the Covenant shall not be interpreted as interfering with
the operation of the United Nations or "the inherent right of all
peoples to enjoy and utilize fully and freely their natural wealth
and resources".
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28. Part VI-(Articles 48 – 53)
Governs ratification, entry into force, and amendment of
the Covenant.
• Nepal has ratified the ICCPR in 14th May 1991 and and get
entry on the force on 14th August 1991.
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29. LIMITATIONS
• Article 4 of ICCPR allows for certain circumstances for
States Parties to derogate from their responsibilities under the
Covenant, such as during times of public emergencies.
However, State Parties may not derogate from Articles 6, 7, 8
(paragraphs I and II), 11, 15, 16 and 18.
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