Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states.
The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed.
Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
Author(s): Sarah Joseph; Melissa Castan
Edition: 3rd ed.
Publisher: Oxford University Press (UK)
Year: 2013
Language: English
Pages: 989
Tags: United Nations. Human Rights Committee--Cases; International Covenant on Civil and Political Rights; Human rights; International law
Contents
Tables of Cases xiii
Table of Conventions, Treaties, and International Instruments xli
Table of Comments, Recommendations, etc., of the Various
International Committees which Deal with Human Rights xlvii
Table of Abbreviations xlix
A Note on Style and Citation li
Part I: Introduction
1. Introduction 3
Part II: Admissibility Under the ICCPR
2. The ‘Ratione Temporis’ Rule 57
3. The ‘Victim’ Requirement 71
4. Territorial and Jurisdictional Limits 92
5. Consideration Under Another International Procedure 113
6. Exhaustion of Domestic Remedies 121
Part III: Civil and Political Rights
7. Right of Self-determination—Article 1 153
8. The Right to Life—Article 6 166
9. Freedom from Torture and Rights to Humane
Treatment—Articles 7 and 10 215
10. Miscellaneous Rights—Articles 8, 11, and 16 329
11. Freedom from Arbitrary Detention—Article 9 340
12. Freedom of Movement—Article 12 392
13. Procedural Rights Against Expulsion—Article 13 418
14. Right to a Fair Trial—Article 14 430
15. Prohibition of Retroactive Criminal Laws—Article 15 521
16. Right to Privacy—Article 17 533
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17. Freedom of Thought, Conscience, and Religion—Article 18 562
18. Freedom of Expression—Articles 19 and 20 590
19. Freedoms of Assembly and Association—Articles 21 and 22 645
20. Protection of the Family—Article 23 666
21. Protection of Children—Article 24 701
22. Rights of Political Participation—Article 25 727
23. Rights of Non-discrimination—Articles 2(1), 3, and 26 759
24. Minority Rights—Article 27 832
25. The Right to a Remedy—Article 2(3) 867
Part IV: Alteration of ICCPR Duties
26. Reservations, Denunciations, Succession, and Derogations 885
Index 925
