Thursday, July 31, 2014

International Covenants on Human Rights


The preambles and articles 1, 3 and 5 of the two International Covenants are almost identical. The
preambles recall the obligation of States under the Charter of the United Nations to promote human rights;
remind the individual of his responsibility to strive for the promotion and observance of those rights; and
recognize that, in accordance with the Universal Declaration of Human Rights, the ideal of free human
beings enjoying civil and political freedom and freedom from fear and want can be achieved only if
conditions are created whereby everyone may enjoy his civil and political rights, as well as his economic,
social and cultural rights.
Article 1of each Covenant states that the right to self-determination is universal and calls upon States to
promote the realization of that right and to respect it.
The article provides that "All peoples have the right of self-determination" and adds that "By virtue of that
right they freely determine their political status and freely pursue their economic, social and cultural
development". Article 3, in both cases, reaffirms the equal right of men and women to the enjoyment of all
human rights, and enjoins States to make that principle a reality. Article 5, in both cases, provides
safeguards against the destruction or undue limitation of any human right or fundamental freedom, and
against misinterpretation of any provision of the Covenants as a means of justifying infringement of a right
or freedom or its restriction to a greater extent than provided for in the Covenants. It also prevents States
from limiting rights already enjoyed within their territories on the ground that such rights are not
recognized, or recognized to a lesser extent, in the Covenants.
Articles 6 to 15 of the International Covenant on Economic, Social and Cultural Rights recognize the rights to
work (art. 6); to the enjoyment of just and favourable conditions of work (art. 7); to form and join trade
unions (art. 8); to social security, including social insurance (art. 9); to the widest possible protection and
assistance for the family, especially mothers, children and young persons (art. 10); to an adequate standard
of living (art. I 1); to the enjoyment of the highest attainable standard of physical and mental health (art.
12); to education (arts. 13 and 14); and to take part in cultural life (art. 15).
In its articles 6 to 27, the International Covenant on Civil and Political Rights protects the right to life (art.
6) and lays down that no one is to be subjected to torture or to cruel, inhuman or degrading treatment or
punishment (art. 7); that no one is to be held in slavery; that slavery and the slave-trade are to be
prohibited; and that no one is to be held in servitude or required to perform forced or compulsory labour
(art. 8); that no one is to be subjected to arbitrary arrest or detention (art. 9); that all persons deprived oftheir liberty are to be treated with humanity (art. 10); and t

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