International Covenant on Civil and Political Rights
فوکس
The United Nations General Assembly adopted the International Covenant on Civil and Political Rights on December 16, 1966 – along with the International Covenant on Economic, Social and Cultural Rights.
The Covenant on Civil
and Political Rights entered into force on March 23, 1976. Its
Preamble notes that the “recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is the foundation of
freedom, justice and peace in the world.”
Invoking the Charter
of the United Nations and the Universal Declaration of Human Rights, the Preamble to both Covenants states that “… the
ideal of free human beings enjoying freedom from fear and want can only be
achieved if conditions are created whereby everyone may enjoy his economic,
social and cultural rights, as well as his civil and political rights.”
The Covenant has six
signatories, and 173 countries have ratified or acceded to it. The 53 Articles of the 7,044-word Covenant are arranged in six parts. Articles 1-27 (in Parts I, II
and III) cover recommendations to State Parties on securing the civil and
political rights of all people. Articles 28-45 (Part IV) propose establishing a
Human Rights Committee composed of nationals of the State Parties to the
Covenant. They prescribe the manner in which State Parties shall report the
measures they have adopted to observe the rights recognised by the Covenant. Articles
46 and 47 (Part V) clarify that nothing in the Covenant shall be interpreted as
impairing the provisions of the Charter of the United Nations, the
constitutions of its specialised agencies and “...the inherent right of all
peoples to enjoy and utilize fully and freely their natural wealth and
resources.” Articles 48-53 (Part VI) discuss the process by which the Covenant
is to be ratified and amended. (In UN documents, a ‘State Party’ to a treaty is
a country that has ratified or acceded to that particular treaty, and is
therefore legally bound by the provisions in the instrument).
The following are
excerpts from 12 of the 27 Articles in Parts I, II and III that remain
especially relevant to the present times:
Article 1: Each person has the right to self-determination, by
virtue of which they freely determine their political status and pursue their
economic, social and cultural development. They may freely dispose of their
natural wealth and resources regardless of obligations arising out of international
economic cooperation and “In no case may a people be deprived of its own means
of subsistence.”
Article 3: States Parties shall ensure the equal right of men
and women to the enjoyment of all civil and political rights set forth in the
Covenant.
Article 4: In time of
public emergency which threatens the life of the nation, the States Parties may
take measures derogating from their obligations under the Covenant to the
extent required by the exigencies of the situation.
Article 6: Every human being has the inherent right to life. This right shall be protected by law – no one shall be arbitrarily deprived of their 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 when the crime was committed. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Such sentences shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. “Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant."
Article 9: Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest or detention. No one
shall be deprived of their liberty except on such grounds and in accordance
with such procedure as are established by law. Anyone who is arrested shall be
informed, at the time of arrest, of the reasons for their arrest and shall be
promptly informed of any charges against them.
Article 14: All persons shall be equal before the courts and
tribunals. Everyone shall be entitled to a fair and public hearing by a
competent, independent and impartial tribunal established by law. The press and
the public may be excluded from all or part of a trial for reasons of morals,
public order or national security in a democratic society, or when the interest
of the private lives of the parties so requires, or to the extent strictly
necessary in the opinion of the court in special circumstances where publicity
would prejudice the interests of justice. Everyone charged with a criminal
offence shall have the right to be presumed innocent until proved guilty
according to law.
Article 18: “Everyone shall have the
right to freedom of thought, conscience and religion.” This right shall include
freedom to have or to adopt a religion or belief of their choice, and freedom
to manifest their religion or belief in worship, observance, practice and
teaching – individually or in community with others, in public or private. No
one shall be subject to coercion which would impair their freedom to have or
adopt a religion or belief of their choice. Freedom to manifest one's religion
or beliefs may be subject only to such limitations as are prescribed by law and
necessary to protect public safety, order, health, or morals or the fundamental
rights and freedoms of others.
Article 19: Everyone shall have
the right to hold opinions without interference; the right to freedom of
expression – including the freedom to seek, receive and impart information and
ideas of all kinds, regardless of frontiers – orally, in writing or print, in
the form of art, or through any other media. This is subject to restrictions
concerning the rights or reputations of others, the protection of national
security or public order, and public health or morals.
Article 20: Propaganda for war shall be prohibited by law. “Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.”
Article 21: The right of
peaceful assembly shall be recognized. No restrictions may be placed on the
exercise of this right other than those imposed in conformity with the law and
which are necessary in the interests of national security, public safety or
public order; the protection of public health or morals or the protection of
the rights of others.
Article 26: All persons are equal before the law and are entitled without any discrimination to the equal protection of the law, and the law prohibits “any discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Article 27: “In those States in
which ethnic, religious or linguistic minorities exist, persons belonging to
such minorities shall not be denied the right, in community with the other
members of their group, to enjoy their own culture, to profess and practise
their own religion, or to use their own language.”
Focus by Vaishnavi Iyer.
مصنف
United Nations
کاپی رائٹ
United Nations
تاریخ اشاعت
16 دسمبر, 1966