Unit II: International Bill on Human Rights

a) Universal Declaration on Human Rights, 1948

b) Covenant on Civil and Political Rights, 1966

c) Optional Protocols of ICCPR

d) Covenant on Economic, Social and Cultural Rights, 1966

e) Optional Protocols of ICESCR

The International Bill of Human Rights

The International Bill of Human Rights consists of the most important instruments on
protection of human rights, which are as following:

1. The Universal Declaration of Human Rights, 1948;

2. The Covenant on Civil and Political Rights, 1966;

3. The Covenant on Economic, Social and Cultural Rights, 1966; and

4. The Optional Protocol to the Covenant on Civil and Political Rights, 1966.

The International Bill of Rights was a major collective undertaking by the global community.
It came into force on 2nd March, 1976, with coming into force of the Covenant on Civil and
Political Rights. The other important Covenant, the Covenant on Economic, Social and
Cultural Rights came into force on 3rd January, 1976. CCPR & CESCR

These covenants are a legally binding instrument with the UDHR on which they are based
and the optional protocol providing the machinery for complaints from individuals.

The specific rights enumerated in various human rights instruments can be divided into
several categories (US Dept. Homeland Security, International Human Rights Law, Training
Module):

• Individual security rights: protects individuals against crimes such as murder, massacre,
torture, and rape

• Due process rights: protects individuals against abuse of the legal system, such as
imprisonment without trial, trial with a jury, and excessive punishment
• Liberty rights: protects freedom of belief, freedom of religion, freedom of movement,
freedom to assemble, and freedom of association

• Political rights: protects an individual’s liberty to participate in politics, including activities

such as communicating, protesting, voting, and serving in political office.

The UDHR is a ground breaking and a standard setting document for human rights, however
it was not legally binding. The ICCPR and the ICESCR, along with their optional protocols
are legally binding on the ratifying states. However, their enforcement has been challenging,
so has the accountability of the states. Oppenheim has stated that “the degree of
enforceability of fundamental human rights is still rudimentary”.

The International Bill of Rights, while being a landmark document in human rights, the
significant gap between theory and practice of human rights still exists.

a. Universal Declaration on Human Rights, 1948

What is the Universal Declaration of Human Rights, in a nutshell?

“The Universal Declaration of Human Rights (UDHR) is a milestone document in the history
of human rights. Drafted by representatives with different legal and cultural backgrounds from
all regions of the world, the Declaration was proclaimed by the United Nations General
Assembly in Paris on 10 December 1948 (General Assembly resolution 217 A) as a common
standard of achievements for all peoples and all nations. It sets out, for the first time,
fundamental human rights to be universally protected and it has been translated into over 500
languages. The UDHR is widely recognized as having inspired, and paved the way for, the
adoption of more than seventy human rights treaties, applied today on a permanent basis at
global and regional levels (all containing references to it in their preambles).” (United Nations)

Introduction:

The aftermath of the two world wars led to the creation of the UN Charter, which established
the United Nations as well as laid the foundation of a new era of human rights, at the United
Nations Conference on International Organization, held at San Francisco in 1945. In this
conference, it was suggested that the United Nations Charter should contain within it a bill of
rights. The Committee I/1 of the Conference decided that “the present Conference, if only for
lack of time, could not proceed to realize such a draft in an international contract”. The
Committee recommended that the General Assembly of the future organization would consider
the proposal and give it effect.

After the UN Charter came into force, the next step was the implementation of the principles
of universal respect for observance of human rights and fundamental freedoms. In order to
achieve this, it was decided to prepare an international ‘bills of rights’, the UNGA referred the
matters to the ECOSOC for study by the Commission on Human Rights. This resulted in the
creation of the Universal Declaration of Human Rights or the UDHR.

The UDHR, which is also commonly referred to as the ‘international Magna Carta’, is one of
the most important document, which since its inception, has acted as a global road map for
freedom and equality – protecting the rights of every individual, everywhere. Its importance is
based on the fact that, it was the first time countries agreed on the freedoms and rights that
deserve universal protection in order for every individual to live their lives freely, equally and
in dignity.

“In adopting the UDHR on December 10, 1948, the delegates to the UNGA established a
common set of principles against which the human rights principles against which the human
rights practices of individual member states can be measured” (Risse et al.)

Universal Declaration, A UN resolution, not requiring ratification, has become, over the last
30 years, a part of the customary international law (Chitnis).

The influence of the UDHR has been substantial. Its principles have been incorporated into the
constitutions of most of the more than 185 nations now in the UN. Although a declaration is
not a legally binding document, the Universal Declaration has achieved the status of customary
international law because people regard it "as a common standard of achievement for all people
and all nations."

History of the UDHR:

‘The Universal Declaration of Human Rights emerged from the ashes of the Second World
War’. The global community vowed never the world would witness such unspeakable atrocities
again, this proclamation was backed and guaranteed by the creation of the UN Charter, on
which based the United Nations, which enshrined in it the guarantee to protect and promote
rights of human beings everywhere.
 The preliminary work or drafting the resolution started in 1946, under auspices of UNESCO
and under the leadership of Jacques Maritian to identify the key theoretical issues in framing
the charter of rights for all people and nations. This work was later moved to the UN

UNCHR Commission on Human Rights. In its first session in January, 1947, the Commission authorized
its members to formulate what it termed “a preliminary draft international bill of human rights.”

Later the task of drafting this document, spelling out the meaning of the fundamental rights
and freedoms proclaimed in the Charter, was taken over by the formal drafting committee,
consisting of members of the Commission from eight states. The Commission, comprised of
18 members from various political, social, cultural and religious backgrounds, was guided by
the leadership of Eleanor Roosevelt, the widow of the US President Franklin D. Roosevelt’s,
a human rights champion in her own right and the United States delegate to the UN.

This Commission concluded that the right mission was to develop a declaration, rather than a
treaty. The Commission’s view was that the declaration should be relatively short,
inspirational, energizing, and broadly accessible to peoples everywhere: the defining document
of an international bill of human rights. It also decided that the declaration should encompass
both civil and political rights, on the one hand, and social and economic rights, on the other.
Cassin handed his draft of the declaration to a meeting of the Commission on Human Rights
in Geneva. Thus this version, which was sent to all UN Member States for comment, became
known as the “Geneva draft.” The Commission revised the Geneva draft to reflect the replies
it had received from Member States, before submitting it to the General Assembly. The General
Assembly in turn scrutinized the document between September and December of 1948, with
over 50 Member States voting a total of about 1,600 times on practically every clause and
virtually every word of the text. By its resolution 217 A (III) of 10 December 1948, the General
Assembly, meeting in Paris, voted to adopt the UDHR with eight nations abstaining but none
dissenting.1 It was an historic moment, and the General Assembly called upon all Member
States to publicize the text of the Declaration and “to cause it to be disseminated, displayed,
read, and expounded principally in schools and other educational institutions, without
distinction based on the political status of countries or territories.” The UDHR formed the basis
for two covenants which were adopted by the General Assembly in 1966: the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social ICCPR &
ICESCR
and Cultural Rights. These Covenants have binding status in international law. The Declaration
and the Covenants are collectively known as the “International Bill of Human Rights.”
Structure of the UDHR:

The UDHR consists of a Preamble and 30 Articles, which consist of civil and political rights,
as well as economic social and cultural rights. The human rights in the document can be
classified into four categories:

1. General (Articles 1 and 2);

2. Civil and Political Rights (Articles 3 to 21);
3. Economic, Social and Cultural Rights (Articles 22 to 27); and
4. Concluding parts (Articles 28 to 30)

The Preamble: The UNGA through the Preamble of UDHR proclaims it as a common standard
of achievement of all peoples and nations to the end that every individual and every organ of
the society, keeping this declaration in mind, shall strive by teaching and education to promote
respect for these rights and freedoms by progressive measures, national and international, to
secure their universal and effective recognition and observance, both among the peoples of
member states themselves and among peoples of territories under their jurisdiction.

The Preamble of the UDHR emphasizes the importance of promoting and protecting human
rights and fundamental freedoms, and calling for a collective effort to achieve this goal through
education and the implementation of effective measures.

Important Articles of the UDHR:

Article 1: Article 1, which lays down the philosophy on which the Declaration is based. It
provides that all human beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in spirit of brotherhood. Thus
proclaiming the inherent freedom and equality in dignity and rights of all human beings.

Article 2: U/A 2, every person is entitled to all the rights and freedoms set forth within the
UDHR, without distinction as to race, color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.

Civil and Political Rights: Some of the Civil and Political Rights enumerated in Articles 2 to
21 of the UDHR include: Right to life, liberty and security of person; Prohibition of slavery
and slave trade; Prohibition of torture, cruel and inhuman or degrading treatment or
punishment; Right to be recognized as a person before law; Equality before law and equal
protection of the laws; etc.
Economic, Social and Cultural Rights: The Economic, Social and Cultural Rights are
enumerated in Articles 22 to 27 of the declaration. Some of them include: Right to social
security and right to realization of the economic, social and cultural rights indispensable for
everyone’s dignity and the free development of everyone’s personality; Right to equal pay for
equal work; Right to just and favourable remunerations; Right to form and to join trade unions;
Right to rest and leisure; Right to education; Right to participate in cultural life of the
community; etc.

Concluding Articles: Articles 28-30 of the declaration are concluding or miscellaneous articles.
They recognize that everyone is entitled to a social and international order in which the human
rights and fundamental freedoms set forth in the Declaration may be fully realized, and stress
the duties and responsibilities which each individual owes to his community. Article 29 states
that "in the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of morality,
public order and the general welfare in a democratic society". It adds that in no case may
human rights and fundamental freedoms be exercised contrary to the purposes and principles
of the United Nations.

Article 30 emphasizes that no State, group or person may claim any right, under the
Declaration, "to engage in any activity or to perform any act aimed at the destruction of any of
the rights and freedoms set forth" in the Declaration.

Features of the UDHR

The Universal Declaration of Human Rights (UDHR) has several important features that make
it a unique and influential document:

 The Universal Declaration of Human Rights (UDHR) is addressed to both individuals and
states and calls for the respect, protection, and fulfilment of human rights by all. It serves
as a universal standard of human rights and a reminder to states of their obligation to uphold
human rights within their jurisdiction.
 The UDHR applies to all human beings, regardless of race, color, religion, sex, language,
political or other opinion, national or social origin, property, birth or other status.
Additionally, since its inception, UDHR has been translated into over 500 languages,
making it the most cited human rights document in the world. This universality has made
it appealing to people and nations around the world.
 The UDHR covers a wide range of civil, political, economic, social, and cultural rights,
including the right to life, liberty, and security of person; freedom from torture and slavery;
freedom of thought, conscience, and religion; the right to work and education; and the right
to participate in government.
 The UDHR recognizes that human rights are interdependent and indivisible, meaning that
the protection of one right is necessary for the protection of others. For example, the right
to free speech is dependent on the right to security of person.
 The UDHR prohibits discrimination on the basis of race, color, religion, sex, language,
political or other opinion, national or social origin, property, birth or other status.
 The UDHR recognizes that the enjoyment of certain rights may be subject to progressive
realization, meaning that some rights may take time to fully implement and may require
resources.
 The UDHR includes a wide range of economic, social and cultural rights, such as the right
to work and education, the right to adequate housing, and the right to participate in cultural
life.
 The UDHR recognizes the right of all individuals to participate in government, either
directly or through freely chosen representatives, and to have access to information about
the conduct of government.

These features of the UDHR have made it a unique and influential document, it has had a
significant impact on human rights globally and sets a standard for nations to follow. Its
principles have influenced human rights laws and inspired initiatives. The UDHR remains a
symbol of hope for dignity, equality, and freedom for all.

Criticism of the UDHR

The Universal Declaration of Human Rights (UDHR) has been widely recognized as a
significant and influential document, however, it also has some limitations:

 The UDHR holds no legal value and is not binding by nature due to the fact that it is a
resolution and a declaration, which is recommendations. And not a legally binding treaty.
Its provisions do not have the force of law. This has limited its ability to hold governments
accountable for violations of human rights.
 While the UDHR has been adopted by the majority of nations, many countries have failed
to fully implement its provisions, either because of lack of political will or limited
resources.
 The UDHR is based on Western principles of human rights, which some argue is a
culturally specific perspective that does not take into account the cultural and historical
context of other regions. This has led to debates about the universality of human rights and
their applicability in different cultural contexts.
 The UDHR does not provide for effective enforcement mechanisms, such as a mechanism
for investigating human rights violations or imposing penalties on violators.
 The UDHR includes a wide range of economic and social rights, such as the right to work
and education, but these rights are often not given the same level of attention or protection
as civil and political rights. Moreover, the declaration does not acknowledge that significant
economic inequalities between states will impair the ability of some to implement the
recommendations.
 Despite its widespread acceptance, some states have disregarded the principles of the
UDHR, either through inaction or active violations of human rights.
 There is no mention of the rights of peoples or minorities, other than in the general
terminology of non-discrimination.

These limitations have led to calls for the strengthening of the human rights system, including
the development of binding treaties and the creation of effective enforcement mechanisms.
However, despite these limitations, the UDHR remains a powerful symbol of the importance
of human rights and a source of inspiration for people around the world.

Conclusion:

The Universal Declaration of Human Rights (UDHR) is a seminal document that has had a
profound impact on the global human rights framework. Adopted by the United Nations
General Assembly in 1948, the UDHR sets out the basic rights and freedoms that are inherent
to all human beings, regardless of race, color, religion, sex, language, political or other opinion,
national or social origin, property, birth or other status. The UDHR has served as a reference
point for human rights activists, lawyers, and policymakers around the world, and has inspired
the creation of several subsequent human rights treaties and conventions. The UDHR has also
played a critical role in shaping national and international human rights laws and policies and
has helped to raise awareness about human rights. In this way, the UDHR continues to play an
important role in promoting and protecting human rights and in advancing the cause of human
dignity and equality around the world.
 b. International Covenant on Civil and Political Rights

Q. What is International Covenant on Civil and Political Rights and its optional protocols?
How is it enforced?

 Background:

The International Covenant on Civil and Political Rights (ICCPR) is a treaty adopted by the
United Nations General on December 19, 1966, and it came into force on March 23, 1976, after
ratification by the 35th state, it outlines the civil and political rights guaranteed to individuals.

It is one of the main international human rights treaties and has been ratified by over 160 states.
The ICCPR is monitored by the Human Rights Committee, which reviews the implementation
of the treaty by states parties.

The International Covenant on Economic Social and Cultural Rights, the Universal Declaration
of Human Rights, and the ICCPR and its two Optional Protocols, are collectively known as the
International Bill of Rights.

 History:

The International Covenant on Civil and Political Rights (ICCPR) was created in the aftermath
of World War II as a response to the violations of civil and political rights that had occurred
and as part of the effort to establish and protect the basic rights and freedoms of individuals
worldwide. It was created to establish and protect the civil and political rights of individuals
around the world, and to serve as a framework for countries to respect and uphold these rights.
The creation of the ICCPR was part of a broader movement to establish international human
rights norms and standards, following the atrocities and human rights violations committed
during the war.

In 1948, the Universal Declaration of Human Rights was adopted by the United Nations
General Assembly, which established a common standard of human rights for all people.
However, the Universal Declaration was not legally binding, and therefore did not provide a
mechanism for enforcing the rights and freedoms it outlined. Therefore, the need for a binding
treaty was recognized.

To address these limitations of the UDHR, the International Covenant on Civil and Political
Rights (ICCPR) was created. The ICCPR was adopted by the United Nations General
Assembly in 1966 and entered into force in 1976. Unlike the UDHR, the ICCPR is a legally
binding treaty, meaning that states that have ratified it are obligated to respect and protect the
rights and freedoms outlined in the treaty.

The ICCPR builds on the principles of the UDHR, but goes further by providing a more detailed
and comprehensive list of civil and political rights and freedoms, and by establishing a
mechanism for monitoring the implementation of the treaty by states parties.

The ICCPR was one of the first human rights treaties to be adopted by the United Nations and
has since become one of the key human rights treaties, alongside the International Covenant
on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. The
ICCPR has been ratified by over 160 states, and its provisions are widely recognized as part of
customary international law.

 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 compelled
to take administrative, judicial, and legislative measures in order to protect the rights enshrined
in the treaty and to provide an effective remedy.” There are currently 74 signatories and 168
parties to the ICCPR.

The International Covenant on Civil and Political Rights (ICCPR) was created to establish and
protect the basic rights and freedoms of all individuals, regardless of race, color, gender,
language, religion, political or other opinion, national or social origin, property, birth or other
status. It was created in response to the atrocities and human rights violations committed during
World War II, and as a way to ensure that such events never happen again. The ICCPR was
created as a tool to promote and protect the civil and political rights of individuals around the
world and to serve as a framework for countries to respect and uphold these rights.

 Content

The ICCPR consists of a Preamble and 53 Articles.

Preamble: The keystone of the Covenant on Civil and Political Rights, 1966, are the Charter
provisions concerning human rights and the UDHR, 1948, which is rightly reckoned as a mine
from which all instruments on human rights have been quarried.
Moreover, considering the obligation of states under the charter of the United Nations to
promote universal respect for and observance of human rights and freedoms and realizing that
individual and to community to which he belongs, is under a responsibility to strive for the
promotion and observation of the rights recognised in the present covenant. (Meaning: the
provisions within the ICCPR have been mined or rather derived from the provisions concerning
human rights within the UN Charter, as well as the Universal Declaration of Human Rights
and the states are obliged to promote respect for and observance of human rights under the UN
Charter and this is further focused, by making it binding on the states to do so.)

The covenant is divided into six parts:

Part 1: Reaffirms the right to self-determination.

Part 2: Formulates the general obligations by states notably to implement the covenant through
legislation and other measures to provide effective remedies to victims, ensure gender equality
and restricts possibilities of derogation.

Part 3: Spells out the rights enumerated within the covenant. Some of them are: the right to life,
the prohibition of torture, the right to liberty and security of a person, the right to freedom of
movement, the right to fair hearing, the right to privacy, freedom of peaceful assembly,
freedom of expression etc.

Part 4: Regulates the election of members to the Human Rights Committee, the state reporting
mechanism and the inter-state complains mechanism.

State parties are obliged to produce reports to the Committee which outline progress and
legislative, judicial and policy measures taken to fulfil their obligations under the Convention.
Each State is expected to submit a report one year after consenting to the Convention and then
after, at the request of the Committee (usually every four years).

Part 5: Stipulates that nothing in the covenant shall be interpreted as impairing the inherent
right of all people to enjoy and to fully utilise their natural resources. (means that the ICCPR
recognizes that all people have the right to use and benefit from their natural resources. Nothing
in the ICCPR should be understood as taking away this right).

Part 6: Provides that the covenant shall extend to all parts of federal states and sets out the
amendment procedure. The covenant is not subject to denunciation.
The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based on
the notion of non-discrimination. Article 2 ensures that rights recognized in the ICCPR will be
respected and be available to everyone within the territory of those states who have ratified the
Covenant (State Party). Article 3 ensures the equal right of both men and women to the
enjoyment of all civil and political rights set out in the ICCPR.

The rights protected under the ICCPR include:

Article 6 – Right to life. (States cannot derogate from these rights)

Article 7 – Freedom from torture. (States cannot derogate from these rights)Article 8 – Right
to not be enslaved. (States cannot derogate from these rights)

Article 9 – Right to liberty and security of the person.

Article 10 – Rights of detainees.

Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a contractual
obligation. (States cannot derogate from these rights)

Article 12 – Freedom of movement and choice of residence for lawful residents.

Article 13 – Rights of aliens.

Article 14 – Equality before the courts and tribunals. Right to a fair trial.

Article 15 – No one can be guilty of an act of a criminal offence which did not constitute a
criminal offence. The principle means that a person can't be punished for an act that wasn't
considered a crime at the time it was done. It protects against unfair punishment and ensures
people know what actions are illegal. (States cannot derogate from these rights)

Article 16 – Right to recognition as a person before the law. (States cannot derogate from these
rights)

Article 17 – Freedom from arbitrary or unlawful interference.

Article 18 – Right to freedom of thought, conscience and religion. (States cannot derogate from
these rights)

Article 19 – Right to hold opinions without interference.

Article 20 – Propaganda for war shall be prohibited by law.

Article 21 – Right of peaceful assembly.

Article 22 – Right to freedom of association with others.

Article 23 – Right to marry.

Article 24 – Children’s rights

Article 25 – Right to political participation.

Article 26 – Equality before the law.

Article 27 – Minority protection.

The rights set forth within the ICCPR are not absolute, and are subject to limitations. This is
because the rights and freedoms guaranteed by the ICCPR must be balanced with the rights
and freedoms of others, as well as with the interests of society as a whole. Limitations may be
imposed on certain rights for reasons such as national security, public safety, public health, and
the protection of the rights and freedoms of others. However, these limitations must be
prescribed by law and be necessary and proportionate to the specific situation. The ICCPR
requires that any limitations on rights be the least restrictive possible and be consistent with
the principles of human dignity and the rule of law. However, State Parties may not derogate
from Articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18.

 Features of ICCPR:

The International Covenant on Civil and Political Rights (ICCPR) is a treaty that sets out the
civil and political rights and freedoms that are recognized as being essential to the dignity and
worth of every human being. The ICCPR is one of the two core international human rights
treaties, along with the International Covenant on Economic, Social, and Cultural Rights.

Some of the key features of the ICCPR include:

 The ICCPR covers a wide range of civil and political rights and freedoms, including the
rights to life, liberty and security of person; freedom from torture and cruel, inhuman or
degrading treatment or punishment; freedom of thought, conscience and religion; freedom
of expression; the right to participate in government; the right to a fair trial; and the
prohibition of discrimination.
 The ICCPR imposes obligations on states parties to respect and protect the rights and
freedoms set out in the treaty, and to take steps to give effect to these rights.
 The ICCPR provides for an individual complaints mechanism, allowing individuals who
claim to be victims of a violation of their rights under the treaty to bring their case before
the Human Rights Committee. The Committee can provide a remedy for individuals and
make recommendations to states.
 The ICCPR requires states parties to submit periodic reports to the Human Rights
Committee, providing information on the measures taken to implement the treaty and any
difficulties encountered in doing so. The Committee can provide recommendations and
guidance to states to improve the implementation of the treaty.
 The ICCPR is monitored by the Human Rights Committee, an expert body of independent
experts that is responsible for interpreting the treaty and monitoring its implementation by
states parties.
 The ICCPR requires states to ensure that all individuals enjoy the rights and freedoms set
out in the treaty without discrimination of any kind, including on the grounds of race,
colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.

The ICCPR remains an important tool for the protection and promotion of civil and political
rights and freedoms, and continues to play a key role in the international human rights
framework.

 Limitations

Like any legal instrument, the International Covenant on Civil and Political Rights (ICCPR)
has its limitations. Some of these limitations include:

 The enforcement mechanisms available under the ICCPR are limited. The Human Rights
Committee, which is responsible for monitoring the implementation of the treaty, can
provide recommendations and guidance to states, but its decisions are not legally binding.
The individual complaints mechanism can provide a remedy for individuals who claim to
be victims of a violation of their rights under the treaty, but the process can be slow and the
decisions of the Committee are not enforceable.
 Some states have made reservations or opt-outs to certain provisions of the ICCPR, which
limits the treaty's effectiveness. These reservations and opt-outs can undermine the
protections provided by the treaty and can limit the ability of individuals to seek remedies
for violations of their rights.
 The Human Rights Committee and other bodies responsible for monitoring the
implementation of the ICCPR are limited by their resources. They may not have the
capacity to consider all individual complaints or to conduct comprehensive investigations
into state practices.
 The 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. It
allows states to temporarily suspend some of their obligations during public emergencies.
However, this provision can be misused by states if they declare a false emergency or take
measures that go beyond what is necessary. This can lead to human rights abuses and
undermine the protections guaranteed by the ICCPR. (What constitutes as an public
emergency is not defined)

 Enforcement

The International Covenant on Civil and Political Rights (ICCPR) is enforced through a
combination of mechanisms, including individual complaints and state reporting.

Individual Complaints: The ICCPR establishes the Human Rights Committee, which is
responsible for receiving and considering individual complaints from individuals who claim to
be victims of a violation of their rights under the treaty. Individuals who have exhausted all
available domestic remedies can submit a complaint to the Committee, which will then
consider the case and make a decision. The Committee's decision is not legally binding, but it
can provide guidance and recommendations to the state party and to the individual.

State Reporting: The ICCPR requires states parties to submit periodic reports to the Human
Rights Committee on the measures they have taken to implement the treaty. The Committee
then considers the reports and can make recommendations to the state party on ways to improve
the implementation of the treaty.

These mechanisms, along with the widespread recognition of the ICCPR as part of customary
international law, serve to encourage states to respect and protect the civil and political rights
of individuals, and to hold states accountable for their actions. The ICCPR provides a
framework for the protection of civil and political rights and freedoms, and works to ensure
that these rights are respected and upheld by states around the world.
Article 2(2) of ICCPR provides that State Parties are to take the “necessary steps…. to adopt
such laws or other measures as may be necessary to give effect to the rights recognized in the
present Covenant.” Countries that have ratified the ICCPR must takes steps in their own
jurisdictions to recognize the acceptance of this international covenant because, in
“international law, a signature does not usually bind a State. The treaty is usually subject to a
future ratification, acceptance, approval or accession.”

In addition to State Parties’ formally adopting and recognizing the ICCPR in their jurisdiction,
Article 28 of ICCPR provides for a Human Rights Committee (Committee) to be established
for monitoring the State Parties’ implementation of the Covenant. State Parties are required to
submit reports to the Committee for review, on measures used to adopt and give effect to the
rights enshrined in the ICCPR.

The First Optional Protocol allows victims of human rights violation to be heard by the
Committee. However the ICCPR also provides in Article 41 that a State Party who claims
another State Party is not fulfilling its obligations to implement ICCPR, may make written
submissions to the Committee for consideration. Also, non-governmental organizations
(NGOs) may also participate in ensuring that values under the ICCPR are protected by
submitting ‘shadow reports’ and highlight areas for consideration by the Committee.

 Optional Protocols

The International Covenant on Civil and Political Rights (ICCPR) has two optional protocols,
which are additional agreements that states can choose to ratify in order to further strengthen
the protections provided by the ICCPR. The two optional protocols are:

 First Optional Protocol: This protocol allows individuals and groups to submit complaints
of human rights violations directly to the United Nations Human Rights Committee, which
is the body responsible for monitoring the implementation of the ICCPR.
 Second Optional Protocol: This protocol aims to abolish the death penalty and calls for the
worldwide abolition of capital punishment. By ratifying this protocol, states undertake not
to carry out executions and to take steps towards abolition of the death penalty.

These optional protocols provide additional mechanisms for individuals and groups to hold
states accountable for their human rights obligations and to enhance the protection of human
rights.
 c. Optional protocols of ICCPR

 First Optional Protocol

This protocol allows victims claiming to be victims of human rights violations to be heard. The
Human Rights Committee (Committee), which is established by the Covenant, has the
jurisdiction to receive, consider and hear communications from victims. The first Optional
Protocol came into force with the Covenant. There are currently 35 signatories and 115 parties
to this protocol.

Individual Complaints Mechanism under ICCPR:

The First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR)
is a treaty that provides an additional mechanism for individuals and groups to hold states
accountable for their human rights obligations. The First Optional Protocol establishes the
Optional Protocol to the ICCPR, which allows individuals and groups to submit complaints of
human rights violations directly to the United Nations Human Rights Committee (UNHRC).

Under the Optional Protocol, individuals and groups who have exhausted all available domestic
remedies and who claim to be victims of a violation of their rights under the ICCPR can submit
a complaint to the UNHRC. The UNHRC is responsible for examining the complaints,
determining whether there has been a violation of the ICCPR, and making recommendations
to the state concerned. The state is then obligated to respond to the UNHRC’s recommendations
and to provide a report on the steps taken to implement them.

The Optional Protocol provides an important mechanism for individuals and groups to seek
redress for human rights violations and to hold states accountable for their obligations under
the ICCPR. It helps to strengthen the protection of human rights by providing a means for
individuals and groups to bring their concerns directly to the attention of the UNHRC and to
have their complaints examined in an independent and impartial manner.

However, it should be noted that not all states have ratified the First Optional Protocol and
those that have may place limitations on the scope of the complaints that can be brought under
the Optional Protocol. Nevertheless, the Optional Protocol remains an important tool for
advancing the protection of human rights and for promoting greater accountability and
transparency in the implementation of the ICCPR.

 Background:
The First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR)
was adopted by the United Nations General Assembly in 1966, as part of the larger
International Bill of Human Rights. The First Optional Protocol established an individual
complaints mechanism, allowing individuals and groups who believe their rights have been
violated to bring their cases before the United Nations Human Rights Committee (UNHRC).

The First Optional Protocol was seen as an important step in the development of an
international human rights framework, as it provided individuals with a means of seeking
redress for human rights violations. Prior to the adoption of the protocol, there was no
mechanism for individuals to bring human rights complaints to an international body.

The First Optional Protocol was opened for signature in 1966, and entered into force in 1976.
Over the years, it has been ratified by a large number of states and has been widely recognized
as an important tool for the protection of civil and political rights. The individual complaints
mechanism established by the First Optional Protocol has been used to consider a wide range
of human rights cases, and has contributed to the development of international human rights
law.

 Enforcement:

The First Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR)
provides for an enforcement mechanism through the United Nations Human Rights Committee
(UNHRC).

When a state ratifies the Optional Protocol, it accepts the jurisdiction of the UNHRC to receive
and consider complaints from individuals and groups who claim to be victims of human rights
violations under the ICCPR. The UNHRC is authorized to make findings and recommendations
on the merits of these complaints, and the state is legally obligated to implement these
recommendations.

The enforcement of the Optional Protocol is based on the principle of cooperation between
states and the UNHRC. The UNHRC reviews the state’s report on the implementation of its
obligations under the ICCPR and the Optional Protocol, and considers complaints submitted
by individuals and groups. If the UNHRC finds that a human rights violation has taken place,
it will make recommendations to the state on how to remedy the situation. The state is expected
to respond to these recommendations and to take steps to implement them.
However, the UNHRC does not have the power to enforce its findings and recommendations.
The enforcement of the Optional Protocol depends on the political will of states to implement
the recommendations of the UNHRC and to respect the human rights of their citizens.
Regardless, this Optional Protocol provides an important mechanism for individuals and
groups to hold states accountable for their human rights obligations and to seek redress for
human rights violations

 Second Optional Protocol

The Second Optional Protocol to the International Covenant on Civil and Political Rights
(ICCPR) is a treaty that was adopted by the United Nations General Assembly in 1989. Its
purpose is to abolish the death penalty.

The Second Optional Protocol obligates its parties to abolish the death penalty within their
jurisdiction and prohibits the reintroduction of capital punishment under any circumstances. It
also requires states to take steps to educate the public about the nature and purport of the
Protocol and the desirability of abolition of the death penalty.

The Second Optional Protocol also establishes a supervisory mechanism, through which the
parties are required to report on the measures they have taken to give effect to the provisions
of the protocol. The treaty also provides for the possibility of regular visits by independent
experts to assess the implementation of the protocol by the parties.

The Second Optional Protocol reflects a growing international consensus against the use of the
death penalty. In recent decades, many countries have abolished the death penalty or placed
moratoriums on its use, and the trend towards abolition has continued to gain momentum.

The Second Optional Protocol is an important step towards universal abolition of the death
penalty, and it represents a significant contribution to the protection of human rights and the
promotion of human dignity. The protocol has been widely ratified, and it has been recognized
as an important tool for the protection of the right to life and the promotion of human rights.

The supervisory mechanism of the Second Optional Protocol to the ICCPR aims to ensure the
effective implementation of the protocol's provisions by the parties. The mechanism is
composed of the UN Human Rights Committee, which is responsible for monitoring the
implementation of the ICCPR and other human rights treaties.
Under the Second Optional Protocol, the Human Rights Committee has the responsibility to
receive and examine reports from the parties on the measures they have taken to give effect to
the provisions of the protocol. The committee may also receive and consider information from
other sources, such as NGOs, and it may undertake visits to the parties to assess the situation
on the ground.

The Human Rights Committee may also make recommendations and observations to the parties
to help them improve their implementation of the protocol. The parties are expected to take
these recommendations into account and to provide a response to the committee within a
reasonable time frame.

In this way, the supervisory mechanism of the Second Optional Protocol provides a means for
the parties to be held accountable for their obligations under the protocol, and it helps to ensure
that the provisions of the protocol are effectively implemented and that the human rights of all
people are protected. The mechanism is an important part of the international human rights
system, and it plays a key role in promoting the abolition of the death penalty and the protection
of human rights.
 d. Covenant on Economic, Social and Cultural Rights

 Background

The International Covenant on Economic, Social and Cultural Rights (ICESCR) was adopted
by the United Nations General Assembly (Resolution 2200 A (XXI)). The ICESCR was
adopted by the UN General Assembly on 16 December 1966 and came into force on 3 January
1976. As one of two international treaties that make the ‘International Bill of Human Rights’
(along with the Universal Declaration of Human Rights).

 Purpose

The ICESCR provides the legal framework to protect and preserve the most basic economic,
social and cultural rights.

The ICESCR includes inter alia the following human rights:

 Economic
Right to work, just and favourable conditions, right to strike, protection of property
 Social
Right to social security, right of families, mothers (before and after childbirth) and
children to special protection and assistance, right to an adequate standard of living,
right to health
 Cultural
Right to education and right to take part in cultural life

The ICESCR obliges states parties to undertake steps using the maximum of their available
resources and by all appropriate means to realise economic, social and cultural human rights
(principle of progressive realisation).

The ICESCR is considered as a ‘promotional convention’, stipulating the objectives more than
standards and requiring implementation over time rather than all at once.

However, an exception to this is, ‘the prohibition of discrimination’ (on the grounds of race,
colour, sex, language, religion or political and other opinion, national or social origin, property
and birth or other status) which is subject to immediate application.
Also, the international supervisory measures that apply to the covenant oblige the state parties
to report to the United Nations Economic and Social Council on the steps they have
taken/adopted and the progress made in achieving the realization of the enumerated rights.

 Content

The International Covenant on Economic, Social and Cultural Rights consists of Preamble and
31 Articles.

Preamble: The Preamble of ICESCR is similar to the preamble of ICCPR.

The reason for the similarities is common source for both of the covenants are the UN Charter
provisions on human rights and the Universal Declaration.

The 31 Articles of the ICESCR are classified into 4 parts:

1. General Provisions (Articles 1 to 5)

2. Substantive Rights (Articles 6 to 15)
3. Measures for implementation (Articles 16 to 25)
4. Concluding Provisions (Articles 26 to 31)

Some of the important articles are:

Article 2: Requires states parties to take steps to progressively realize the rights recognized in
the Covenant, including by using all available resources.

Article 6: Recognizes the right to work and calls on states to take measures to ensure full
employment and the right to just and favorable working conditions.

Article 12: Recognizes the right to the highest attainable standard of physical and mental health,
and calls on states to take steps to prevent, treat, and control epidemic, endemic, occupational,
and other diseases.

Article 13: Recognizes the right to education and calls on states to ensure equal access to
education and the progressive introduction of free education at all levels.

 Features
 The International Covenant on Economic, Social, and Cultural Rights (ICESCR) is a
multilateral treaty that recognizes and protects a wide range of economic, social, and
cultural rights as fundamental human rights. The Covenant is structured in a way that
 emphasizes both the rights and obligations of states and contains a number of key features
that are central to its operation and effectiveness.

 The ICESCR recognizes a broad range of economic, social, and cultural rights, including
the right to work, education, health, social security, and cultural life. This recognition is
significant because it establishes the basis for the protection and promotion of these rights,
which are often overlooked or neglected by governments and international bodies.

 The ICESCR establishes legal obligations for states to take appropriate steps to ensure the
realization of economic, social, and cultural rights. This obligation creates a framework for
governments to develop policies and programs to promote these rights and provides a basis
for individuals and groups to hold governments accountable for their failure to fulfill their
obligations.

 The ICESCR provides mechanisms for monitoring and reviewing state compliance with
the Covenant, including a system of periodic reporting and review by a committee of
experts. This system helps to identify gaps in the implementation of the Covenant and
provides guidance and recommendations to states to improve their compliance.

 The ICESCR encourages the participation of civil society organizations in the promotion
and protection of economic, social, and cultural rights. Civil society organizations play a
critical role in advocating for the recognition of these rights, monitoring state compliance,
and promoting public awareness of the importance of economic, social, and cultural rights.

 The ICESCR emphasizes the importance of international cooperation and solidarity in the
promotion and protection of economic, social, and cultural rights. This emphasis recognizes
that economic, social, and cultural rights are interdependent and interconnected and require
a collective effort to promote and protect.

In summary, the ICESCR has several features that contribute to its significance in promoting
and protecting economic, social, and cultural rights. These advantages include the recognition
of economic, social, and cultural rights, legal obligations for states, implementation
mechanisms, participation of civil society, and international solidarity.

 Limitations
While the International Covenant on Economic, Social, and Cultural Rights (ICESCR) has
significant advantages in promoting and protecting economic, social, and cultural rights, it also
has some limitations. These limitations include:

 The ICESCR lacks a formal enforcement mechanism for ensuring state compliance with
the Covenant. While states are legally obligated to fulfill their obligations under the
Covenant, there is no international court or tribunal that can enforce compliance. This can
make it challenging to hold states accountable for their failures to fulfill their obligations.
 Some of the rights recognized by the ICESCR are not clearly defined or specific, which
can make it difficult to assess whether states are fulfilling their obligations. For example,
the Covenant recognizes the right to an adequate standard of living, but does not specify
what this means in practice. This lack of specificity can make it challenging to hold states
accountable for their obligations under the Covenant.
 The ICESCR recognizes the importance of economic and social policies in promoting and
protecting economic, social, and cultural rights. However, many states face resource
constraints that can make it challenging to implement policies and programs that fulfill
their obligations under the Covenant. This can limit the effectiveness of the Covenant in
promoting and protecting economic, social, and cultural rights.

In summary, the limitations of the ICESCR include the lack of enforcement mechanisms, lack
of clarity and specificity in some rights recognized, limited participation, and resource
constraints. While these limitations can hinder the effectiveness of the Covenant, its overall
impact in promoting and protecting economic, social, and cultural rights remains significant.

 Implementation and review mechanism of ICESCR

The International Covenant on Economic, Social, and Cultural Rights (ICESCR) establishes
legal obligations for states to take appropriate steps to ensure the realization of economic,
social, and cultural rights. The implementation and enforcement of these obligations are
essential to the effectiveness of the Covenant in promoting and protecting these rights. The
implementation and enforcement mechanisms under the ICESCR include the following:

1. States that have ratified the ICESCR are required to report periodically to the
Committee on Economic, Social, and Cultural Rights (CESCR) on the measures they
have taken to implement the Covenant. The CESCR then reviews the reports and
provides feedback and recommendations to the states to improve their compliance.
 2. The ICESCR includes an optional protocol that establishes a complaints procedure for
individuals or groups who claim that their economic, social, or cultural rights have been
violated by a state party to the Covenant. This procedure allows individuals or groups
to bring complaints directly to the CESCR, which can investigate and make
recommendations to the state to remedy the violation. Article 16

3. The ICESCR allows for states to bring complaints against other states for violations of
the Covenant. This mechanism enables states to hold each other accountable for their
obligations under the Covenant. Article 18

4. The ICESCR recognizes the importance of public awareness and education in

promoting and protecting economic, social, and cultural rights. States are encouraged
to promote public awareness of the Covenant and its obligations, and to provide
education on economic, social, and cultural rights.

While these mechanisms can help to promote compliance with the ICESCR, there are
limitations to their effectiveness. The lack of a formal enforcement mechanism for ensuring
state compliance is a significant limitation. The CESCR has limited authority to enforce
compliance with the Covenant, and its recommendations are non-binding. Additionally,
resource constraints can make it challenging for some states to implement policies and
programs to fulfill their obligations under the Covenant.

In conclusion, while the ICESCR includes several implementation and enforcement

mechanisms, their effectiveness is limited. It is crucial for states to take their obligations under
the Covenant seriously and to prioritize the realization of economic, social, and cultural rights.
It is also important for civil society organizations and international bodies to monitor state
compliance and advocate for the full implementation of the Covenant.
 e. Optional protocol of ICESCR

On 10 December 2008, the UN General Assembly adopted an optional protocol to the ICESCR
regarding an individual complaints mechanism. This protocol, which came into force on 5 May
2013, allows the Committee on Economic, Social and Cultural Rights to consider complaints
from individuals to the effect that a state which has ratified the optional protocol has violated
their rights under the ICESCR.

The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights
(ICESCR) provides a complaints mechanism for individuals and groups who claim that their
economic, social and cultural rights have been violated by a state party to the Covenant. The
Protocol was adopted in 2008 and entered into force in 2013.

Under the Optional Protocol, individuals or groups can bring complaints, or "communications,"
to the Committee on Economic, Social and Cultural Rights (CESCR), which is the body
responsible for monitoring state compliance with the Covenant. The communications must
meet certain criteria, including exhaustion of domestic remedies and relevance to the Covenant.

Upon receiving a communication, the CESCR can decide to take a number of actions, including
transmitting the communication to the state party concerned for comments or observations,
undertaking an inquiry, or offering its views to the state party and the author of the
communication. The CESCR's findings and recommendations are not legally binding, but they
can carry significant moral and political weight.

The Optional Protocol is an important tool for advancing the realization of economic, social
and cultural rights. It provides a mechanism for individuals and groups to hold states
accountable for their obligations under the Covenant, and to seek redress for violations of their
rights. It also helps to promote transparency and accountability in state reporting under the
Covenant, and to encourage constructive dialogue between states and the CESCR.

However, the effectiveness of the Optional Protocol is limited by several factors. First, it is
only available to individuals or groups in states that have ratified the Optional Protocol, which
limits its global reach. Second, the communications procedure is complex and requires
significant resources, which can make it difficult for marginalized groups or individuals to
access. Finally, the CESCR's findings and recommendations are not legally binding, which
means that states are not required to implement them.
In conclusion, the Optional Protocol to the ICESCR provides a valuable mechanism for
individuals and groups to hold states accountable for violations of economic, social and cultural
rights. However, its effectiveness is limited by several factors, and it remains important for
civil society organizations and international bodies to monitor state compliance with the
Covenant and advocate for the full implementation of its provisions.