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International Covenant on Civil and Political Rights (ICCPR) - UPSC Notes
IMPORTANT LINKS
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Syllabus |
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Topics for Prelims |
International Organizations, United Nations, Human Rights |
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Topics for Mains |
Checks and balances in the context of upholding civil and political rights |
About the International Covenant on Civil and Political Rights (ICCPR)
The ICCPR is an integral part of international human rights law. This is one of the two major International Covenants, the other being the International Covenant on Economic, Social and Cultural Rights-ICESCR. It is precisely what has often been termed as the "International Bill of Human Rights." The treaty essentially reflects a universal recognition of civil and political rights essential to the dignity and freedom of people worldwide.
Background of Formation of ICCPR
After World War II, the United Nations came into existence in 1945. In 1948, the UN General Assembly presented the Universal Declaration of Human Rights (UDHR). For this purpose, fundamental human rights that ought to be protected were declared. The next couple of years saw the formulation of two independent treaties to give meanings to these normative declarations as obligatory undertakings: one concerning civil and political rights, the other about economic, social, and cultural rights. It was after extended debates between the member states of the United Nations that ICCPR was adopted on 16 December 1966.
Objectives of ICCPR
ICCPR aims to:
- Affirm Civil Liberties: One should ensure that the individuals reap those freedoms that are part and parcel of human dignity: freedom of thought, conscience, religion, expression, association, and peaceful assembly.
- Political Rights: The right to participate in public affairs, including the right to vote and be elected.
- Protection of Personal Security: The right to life, liberty, and security of person and also protection against torture, slavery, and arbitrary arrest.
- Promote Justice: Protects all the rights of a fair trial, equal protection of the law, and recognition as a person before the law.
- Combat Discrimination: Offers equal protection and against any discrimination which could be on the basis of race, sex, language, religion, or socio-political status.
Read the article on the National Human Rights Commission (NHRC)!
Activities of ICCPR
The ICCPR's activity is overseen by the Human Rights Committee (HRC), an independent body of experts. Major activities of the committee include:
- The states parties are compelled to file periodical reports on how their rights are implemented.
- The states should be provided with authoritative interpretations of provisions of the covenant to guide them.
- Under the First Optional Protocol, the individuals can complain of violations against their rights on admissibility criteria.
- Any important human rights issues should be investigated, followed by recommendations and sanctions.
- Collaboration with other organizations to jointly oversee and act towards full rights and freedoms by coordinating with all these bodies together.
Read the article on the Universal Declaration of Human Rights!
Articles of the International Covenant on Civil and Political Rights
International Covenant on Civil and Political Rights includes 53 articles that fall under six main headings of crucial civil and political rights:
- Part I: Recognizes self-determination in respect of or freely determining the political status, pursuing economic, social, and cultural development;.
- Part II: Enumerates what obligations state parties have towards the treatment of persons without discrimination.
- Part III: Lists what are known as the substantive rights such as right to life (Article 6), prohibition of torture (Article 7), right to liberty from slavery or servitude (Article 8), right to liberty (Article 9), right to fair trial (Article 14) and freedom to thought, conscience and religion, (Article 18) amongst others.
- Part IV: Establishes a Human Rights Committee to oversee implementation.
- Part V: It discusses the procedural aspects for state parties to amend the covenant.
- Part VI: General provisions related to the interpretation and application of ICCPR were addressed.
Read the article on the Office of the High Commissioner for Human Rights (OHCHR)!
Significance of ICCPR
The ICCPR is important because it serves as the foundation of international human rights law. It establishes standards for civil and political rights that are legally enforceable:
- Universal Standards: It offers universal standards for accountability and human dignity.
- Legal Binding: The ICCPR is different from the UDHR in that it binds signatories to commit legally to its provisions.
- Protects Democracy: It strengthens democratic principles by protecting political rights necessary for democratic societies to function.
- Support Mechanisms: It facilitates international cooperation and dialogue on human rights issues through treaty-body mechanisms.
- Guides Domestic Legislation: It influences national legal frameworks, promoting reforms in line with international human rights standards.
Read the article on the State Human Rights Commission!
Challenges Faced by ICCPR
Despite its achievements, the ICCPR faces several challenges:
- State Compliance: States do not comply fully with the reporting and implementation obligations, thereby undermining the effectiveness of the covenant.
- Political Will: The protection and promotion of civil and political rights largely depend on political will, and this is a variable that is highly different from one government to another.
- Resource Constraints: The Human Rights Committee is constrained by limited resources and capacities that make it impossible for the committee to deal with all issues comprehensively.
- Enforcement: No effective enforcement mechanism is present with the states opting to remain a signatory instead of a ratifying power while maintaining the possibility of following optional individual complaint procedures.
- New issues: Emerging problems of cyber security, digital rights, and immigration pose novel parameters of civil and political rights, which could not have been conceived by the framers of the original draft text of ICCPR.
Read the article on the United Nations Principal Organs and its Affiliates!
India and ICCPR
India became a signatory to the ICCPR on April 10, 1979, which bound India to respect the covenant. Most major rights contained in the ICCPR are also available in Indian law, by virtue of its Constitution, especially Fundamental Rights in Part III. The commitment on part of India towards ICCPR is also traceable in judicial pronouncements and legislative enactments, although not fully achieved in the implementation of all covenant obligations.
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Key Takeaways on ICCPR for UPSC Aspirants
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Download the Key Takeaways PDF for ICCPR!
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ICCPR UPSC FAQs
Is India a member of the ICCPR?
Yes, India had ratified the ICCPR on April 10, 1979.
What is the purpose of the International Covenant on Civil and Political Rights (ICCPR)?
The ICCPR aims to promote and ensure the protection of civil and political rights that include freedom of speech, religious freedom, among others, within the international law.
Is the ICCPR legally binding?
This statement explains why the ICCPR is lawfully binding upon state parties whereby they have obligations to respect, protect, as well as provide for the implementation of rights entrenched in this convention.
What is Part 4 of the ICCPR?
Section 4 states the formation of the Human Rights Committee: its responsibilities; and the reports and procedures required to verify whether the states respect such a covenant, which would encompass reporting.
What role does the Human Rights Committee play under the ICCPR?
It means that the implementation of the ICCPR is carried out by observation through State reports, general comments, and reviewing individual complaints made under the Optional Protocol.
How does the ICCPR influence domestic law?
Countries are shaped and institutionalized towards laws and policies that comply with international human rights principles to include civil and political rights in the national jurisprudence through their influence on national legislation.
What is ICCPR?
It is a multilateral treaty that was adopted by the United Nations General Assembly to solemnly and formally enshrine and guarantee civil and political rights of the people of the world, which came into force in the year 1976.