Domestic Implementation of the International Covenant on Civil and Political Rights Pursuant to its article 2 para. 2

Abstract

The International Covenant on Civil and Political Rights of 1966 (ICCPR) contains a comprehensive catalogue of civil and political rights which the States parties pursuant to its article 2 para. 1 have accepted to respect and to ensure. This article elaborates on the requirements for implementing the Covenant and addresses questions as to when and to what extent the Covenant requires a particular act of implementation. A dominant issue is whether it creates only duties of result, as the duty to refrain from human rights violations, or also duties of conduct, as the enactment of specific safeguards against violations. An analysis of the relevant jurisprudence shows that the Human Rights Committee over the years has specified and elaborated a variety of the means to be adopted by the States parties to the ICCPR, such as law enforcement measures, institutional and procedural safeguards, monitoring and control mechanisms, contextual measures, and the provision of information and education. With these obligations of conduct the leeway given to States parties regarding the choice of implementation measures has been reduced gradually.