International Covenant on Civil and Political Rights (ICCPR)

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on December 16, 1966. It aims to promote and protect civil and political rights, including the right to life, freedom of speech, freedom of religion, and the right to participate in public life. The ICCPR is one of the most important human rights treaties in the world and forms part of the International Bill of Human Rights.

Background

The ICCPR was drafted in the wake of World War II and the adoption of the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR had established a set of universal human rights principles, but it was a non-binding declaration. The ICCPR was intended to be a legally binding treaty that would give force and effect to the rights outlined in the UDHR.

The ICCPR was adopted by the UN General Assembly in 1966, and it entered into force on March 23, 1976. As of 2022, it has been ratified by 173 countries, making it one of the most widely ratified human rights treaties in the world.

Key Provisions

The ICCPR consists of six parts, covering a wide range of civil and political rights:

1. Right to Self-Determination: Article 1 recognises the right of all peoples to self-determination, and calls on states to promote the realisation of this right and to respect the right of all peoples to freely pursue their economic, social, and cultural development.
2. Rights to Life and Liberty: Articles 6 and 7 protect the rights to life and liberty. Article 6 prohibits the arbitrary deprivation of life, while Article 7 prohibits torture, cruel, inhuman, or degrading treatment or punishment.
3. Freedom from Slavery and Servitude: Article 8 prohibits slavery and the slave trade in all their forms.
4. Rights to Freedom of Thought, Conscience, and Religion: Articles 18 and 19 protect the rights to freedom of thought, conscience, and religion, including the right to manifest one's religion or beliefs in worship, observance, practice, and teaching.
5. Rights to Freedom of Expression and Association: Articles 19 and 21 protect the rights to freedom of expression and association. Article 19 guarantees the right to hold opinions without interference, and to seek, receive, and impart information and ideas through any media and regardless of frontiers. Article 21 guarantees the right to peaceful assembly and to freedom of association.
6. Rights to Take Part in Public Life: Articles 25 and 26 protect the rights to take part in public life and to vote and be elected in periodic elections.

Implementation and Monitoring

The ICCPR established a Human Rights Committee, which is responsible for monitoring the implementation of the Covenant by states parties. The Committee consists of 18 independent experts who are elected by states parties to the Covenant.

States parties to the ICCPR are required to submit periodic reports to the Committee on how they are implementing the provisions of the Covenant. The Committee reviews these reports and may issue recommendations to states parties on how to improve their compliance with the Covenant.

In addition to the Human Rights Committee, the ICCPR also established a complaints mechanism, which allows individuals to submit complaints to the Committee alleging violations of their rights under the Covenant. The Committee can consider these complaints and issue findings on whether a violation has occurred.

Relationship with Other Treaties

The ICCPR is part of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The ICCPR and the ICESCR are often referred to as the "twin covenants," as they were adopted at the same time and together form the core of international human rights law.

The ICCPR is also closely related to other human rights treaties, such as the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). States parties to the ICCPR are often also parties to these other treaties, and the provisions of the ICCPR are interpreted in light of the provisions of these other treaties.

The ICCPR has played a key role in shaping international human rights law and practice, and it continues to be a cornerstone of the international human rights system. It has been used by governments, courts, and civil society organisations around the world to promote and protect human rights and hold states accountable for their human rights obligations.