International Covenant On Civil And Political Rights Research Articles

The hostile side of the state: Siracusa Principles, human rights and the precarity of COVID-19 policing in Nigeria

In line with global advisories, the Nigerian authorities explored what could be termed a ‘stringent’ lockdown measure to contain the transmission of the COVID-19 pandemic and prevent a public health catastrophe. In this study, I examine the appositeness of the measure and its manner of implementation within the purview of the 1984 Siracusa Principles and the International Covenant on Civil and Political Rights (ICCPR) on the derogation of human rights. The principles and ICCPR guarantee equitable access to basic healthcare for all citizens and obligate state parties to take actions to prevent potential harm to public health if such actions are necessary, lawful, evidence-based, non-discriminatory, unarbitrary, proportional, respectful of human dignity, and brief in timeframe. I argue that although the measure aligns with the principles, ICCPR and Nigeria’s COVID-19 Regulations, 2020 - its manner of implementation typified gross human rights breaches, extrajudicial practices, and repressive state behaviours. However, this study offers a novel understanding of statecraft and citizens–government relations during the pandemic – pandemic policing and public health management – while emphasising that upholding human rights and strengthening democratic ideals are central to containing future pandemics successfully.

Interrogating the evolution of a constitutionally-legitimised 'Big Man' political culture and its influence on political participation by Kenyan youth

This article critically analyses the evolution ofKenya's constitutionally-legitimised 'Big Man' political culture and its influence on youth political participation. The core thesis of the article is that Kenya's constitutionally-legitimised 'Big Man' political culture restricts youth political participation, beyond voting, while making them susceptible to manipulation by politicians. In exploring this thesis, the article's guiding research question is: Beyond voting, how has the Kenyan government enhanced or restricted direct youth political participation as a right provided for under article 25 of International Covenant on Civil and Political Rights (ICCPR) and subsequently domesticated under the Kenyan Constitution? The modes of political participation examined in this context are forming a political party and running for public office. Contextually, the article interrogates the political regimes of Kenyatta, Moi, Kibaki and Uhuru and their use of constitutional amendments to crystallise power in the executive for critical analysis of the evolution of Kenya's 'Big Man' political culture pertaining to youth political participation. It then applies the lessons learned from past and current regimes to inform recommendations on how the state can facilitate the Kenyan youth to enjoy the right of political participation fully, effectively and equally as provided for under article 25 of ICCPR as domesticated under the Kenyan Constitution.

디지털 시대 프라이버시권의 주요 쟁점에 대한 고찰

This study aims to identify the development of international norms on the right to privacy in the digital age and analyze its main issues. Article 17 of the International Covenant on Civil and Political Rights (ICCPR), a human rights convention established in 1966, proves insufficient in anticipating the recent transformations and complexities brought about by the digital age. General Comment No. 16, the interpretive document of this treaty, was adopted in 1988 and could not foresee the technological advancements of today. However, the Snowden revelations in 2013 and the Facebook scandal in 2018 revealed that personal data was collected without consent and used for political campaigning. Since 2013, the international community and the United Nations have been discussing and adopting various resolutions on the right to privacy. In addition, various new legal issues are emerging, such as: does “home” in Article 17 of the ICCPR include cyberspace? Does “correspondence” in this article include social media messages and metadata? This study aims to scrutinize the existing normative framework of the right to privacy, highlighting its limitations in the digital age. Specifically, it will question the adequacy of the privacy provisions in Article 17 of the ICCPR in addressing the myriad issues arising in this era. However, it is time to consider the extent to which the private sphere can be recognized in the digital age.

Chemical Castration in Indonesian Criminal Law: Human Rights Perspective

This study delves into the controversial practice of chemical castration for sexual offenders against children within Indonesian criminal law, examining it through a human rights lens. Adopting a normative legal method, the research incorporates legislative and conceptual analysis with data sourced from primary and secondary legal materials. The study reveals a stark incongruity between chemical castration and rehabilitation goals of the penal system, highlighting its inhumane nature and violation of human dignity. Furthermore, the research discusses the additional sanction of electronic detection devices, scrutinizing its infringement on privacy rights and inconsistency with the International Covenant on Civil and Political Rights (ICCPR). This study underscores the critical need for a penal system that respects human rights while addressing sexual violence against children, calling for a shift from punitive to rehabilitative approaches.Highlights:
 
 Chemical castration in Indonesia's penal system conflicts with rehabilitation goals and human rights principles, being inhumane and degrading.
 The additional use of electronic detection devices infringes on perpetrators' privacy rights and contradicts international human rights conventions.
 The study advocates for a penal system that balances the need for justice in cases of sexual violence against children with respect for human rights and dignity.
 
 Keywords: Human Rights, Chemical Castration, Indonesian Law, Sexual Violence, Penal System

Unpacking International Commitments: Assessing the Implementation of ICCPR, ICESCR, and the Convention Against Torture in Pakistan's Legal Framework

 
 Since time immemorial, the discourse surrounding human rights has occupied a central position in societal discussions. In the earliest epochs, these rights were not systematically codified, with the process evolving over centuries. A significant watershed moment occurred post-World War II, marked by the establishment of the United Nations and the consequential adoption of the Universal Declaration of Human Rights. Notwithstanding Pakistan's ratification of the majority of international Human Rights covenants, a comprehensive integration into its domestic legal framework remains elusive. This research article delves into an analysis of three pivotal Human Rights agreements, namely the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), and the Convention Against Torture. The study analyzes the extent of these treaties' assimilation within the domestic legal system, elucidating the complexities and impediments hindering complete incorporation. The ensuing discourse proffers substantive recommendations aimed at facilitating the seamless integration and efficacious implementation of these international accords, thereby fortifying the safeguarding of human rights on a national scale.

Civil Society Perspectives on Rights and Freedoms in the Association of Southeast Asian Nations

Abstract This pan-regional analysis of non-governmental organisations’ (NGO) perspectives on the contemporary factors which constrain or repress civil society in the Association of Southeast Asian Nations (ASEAN) is based on United Nations’ Universal Periodic Review (UPR) data. It shows that, paradoxically, whilst the majority of ASEAN states have ratified the International Covenant on Civil and Political Rights (ICCPR) that upholds civil society’s political role in promoting rights and democracy, this is inimical to the region’s political elites who regard civil society’s primary function as non-political delivery of social welfare and development. This disjuncture results in repression, performativity, and legitimation. The UPR data reveal an ever-shrinking civil space. Civil society, including human rights defenders (HRD s), faces a raft of rights pathologies, including threats, violence and murder—as well as increasing state restrictions on freedom of association and expression. This is compounded by impunity for offenders, corruption, and government inaction following earlier UPR recommendations.

Neo-liberalism, human capital theory and the right to education: Economic interpretation of the purpose of education

With the end of WW II, a new world order emerged that recognised the significance of human rights as part of the remedial measures to institute global peace. This is recognised in Articles 1(3), 13(1)(b) and 55(c) of the 1945 United Nations Charter. Thereafter, the human rights ideals recognised by the UN Charter were codified into the Universal Declaration of Human Rights (UDHR) 1948 (Fait, 2015: 26). Despite not having a binding force, the UDHR became a standard-setting instrument covering all generations of human rights including the right to education. Later, two distinct treaties – i.e., the International Covenant on Civil and Political Rights (ICCPR) 1966 and the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 were adopted as a follow-up to the UDHR. Articles 13 and 14 of the ICESCR made more expansive provisions on the right to education than Article 26 of the UDHR. However, the adoption of policies driven by neoliberal ideals and associated neo-classical economic principles in the delivery of education has brought education under market forces, encapsulating it with an economic purpose. This makes education central to the realisation of the neoliberal ideology as schools focus on teaching technical skills and knowledge necessary for the achievement of the economic purposes of education. This paper argues that while the economic purpose of education which is in line with neoliberal and associated neo-classical economic principles is germane for states’ economic development, a holistic approach is consistent with the human rights purpose of education.

Human Rights amongst COVID-19: CAT Convention

Thailand’s strength to uphold human rights remains crucial in developing a positive international standard. However, amid the COVID-19 pandemic, there has been an extensive research debate to ensure human rights’ adequateness and protective framework. The objective of this research is to enrich our understanding of the legal frameworks related to the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment of 1984 (CAT), and the Constitution of the Kingdom of Thailand B.E. 2560 (2017), which are significant legal instruments that impact the international and national population. This study adopted a comprehensive SWOT-PESTEL methodology, which involves internal variable assessment through Strength, Weakness, Opportunity, and Threats (SWOT) and external variables, including Political, Economic, Social, Technological, Environment, and Legal (PESTEL). Case studies and the legal positivism approach are integrated to facilitate a comprehensive understanding of international and national legal frameworks. The research findings emphasize the need for Thailand to revise the National Human Rights Commission and relevant laws. Therefore, ensure the conduct of responsible investigations and the creation of a specialized court for protecting human rights, considering the limited availability of experts, specialists, judges, lawyers, prosecutors, researchers, academics, and non-governmental organizations (NGOs). Doi: 10.28991/ESJ-2023-07-06-012 Full Text: PDF

KEBEBASAN BERAGAMA PERSPEKTIF HAK ASASI MANUSIA

Violations of freedom of religion and worship often occur among the community. If this is allowed to happen, it is feared that it could lead to divisions that lead to the disintegration of the nation. The problem is: "How is the guarantee of freedom of religion and worship in international human rights instruments and in national human rights instruments?" This research is normative legal research, by examining legal materials, both primary legal materials, secondary legal materials and tertiary legal materials. Analysis of legal materials was carried out qualitatively. The research results show that guarantees of religious freedom have been explicitly regulated in both international human rights instruments and national human rights instruments. International human rights instruments are regulated in Article 2 of the General Declaration of Human Rights, and Article 18 of the International Covenant on Civil and Political Rights (ICCPR). Meanwhile, the National Human Rights instrument is guaranteed in the 1945 Constitution of the Republic of Indonesia, namely in Article 28E paragraphs (1) and (2), and Article 29 paragraph 2); Article 22 of Law Number 39 of 1999 concerning Human Rights, and Law Number 12 of 2005 concerning Ratification or Ratification of the International Covenant on Civil and Political Rights (ICCPR), namely in Articles 2 and Article 18. States are expected to be able to implement the provisions in both international human rights instruments and national human rights instruments in providing guarantees of freedom for every person to embrace their own religion and to worship according to that religion and belief

Individual communications: Can they provide effective redress for human rights violations?

The International Covenant on Civil and Political Rights (ICCPR), together with its Optional Protocol, enables individuals to allege a violation of their rights by submitting a ‘communication’ to a committee of independent experts nominated to monitor compliance with the ICCPR. This procedure may result in a finding that the State Party has violated the ICCPR, and consequent changes to law and policy which can benefit individuals and groups. However, the procedure has serious flaws, including long delays in making findings, and difficulties concerning enforcement.

سزائے موت : پاکستان پر عائد عالمی ذمہ داری،تحقیقی جائزہ

This paper examines the compatibility of international human rights law and Islamic law regarding capital punishment in the Pakistani context. Despite the adoption of the Second Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR) by the United Nations in 1989, which aimed to completely abolish the death penalty worldwide, countries continued to practice capital punishment for several offences. The paper highlights Pakistani laws and discusses the challenges that hinder the country from ratifying the Optional Protocol. The paper suggests an adaptable solution to the issue by analysing the restrictions of death penalty under Islamic Law. Principally, both Islamic law and international human rights law consider the protection of life and endurance of justice to be very significant, but the conflict, which has raised the discrepancy is in the priorities between the interests of the individual and the public at large. This paper presents a comprehensive and impartial study to bridge the gap between International Human Rights Law and Pakistani domestic laws. Moreover, ICCPR also requires minimal death penalties in a legal system, it is mandatory for Pakistan, being a member party, to curtail the punishment in the domestic legal system. It seeks to examine the challenges that arise when reconciling these two systems and propose possible solutions.

WOMEN'S RIGHTS VIOLATIONS IN THE PRACTICE OF VIRGINITY TESTING CONDUCTED BY THE INDONESIAN NATIONAL ARMED FORCES AND THE INDONESIAN NATIONAL POLICE FORCE

Virginity testing is a practice that is discriminatory, degrading to the honor and dignity of women, and is also a violation of human rights, which is carried out by the Indonesian National Police (POLRI) towards female police officer candidates as well as the Indonesian National Armed Forces (TNI) towards female soldier candidates. Therefore, two problems arise in this research, namely what kind of obligations and responsibilities does Indonesia have in regards to providing legal protection for women according to international law, and how is the legality of the practice of the virginity tests carried out by POLRI and TNI according to international law. This study uses a qualitative, normative-legal approach. The result of this study are as follows: The obligations and responsibilities that Indonesia has in regards to providing legal protection for women is mandated by Article 7 of UDHR, Article 4 letters d, e, f, and l of Declaration on the Elimination of Violence Against Women (DEVAW), Article 2 letters a, b, c, and f of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), as well as Article 3 and Article 26 of the International Covenant on Civil and Political Rights (ICCPR). In regards to the legality of the virginity tests carried out by POLRI and TNI, such practice violates article 1, article 2, article 5 of Universal Declaration of Human Rights (UDHR), article 1, article 2 section (3), article 3, and article 4 letter b of DEVAW, article 1 and article 2 letter d of CEDAW, article 7 of ICCPR, as well as article 16 and article 10 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

THE ROLE OF INTERNATIONAL LAW IN PREVENTING AND ADDRESSING HUMAN TRAFFICKING FROM THE PERSPECTIVE OF THE RIGHT TO PRIVACY UNDER ICCPR

This research aims to explore the regulations and principles of human rights and the role of International Law in preventing and addressing trafficking in persons, with a specific focus on the Right to Privacy outlined in the International Covenant on Civil and Political Rights (ICCPR). Furthermore, the study seeks to analyze the contribution of International Law to combat trafficking in persons from an ICCPR perspective. The act of trafficking violates various principles of international human rights, including the Right to Privacy as stipulated in Article 17 of the ICCPR. However, Article 17 also acknowledges that the right to privacy may be limited in cases of public interest or to safeguard the rights of others. The challenge lies in determining appropriate limitations on the right to privacy in specific situations, leading to norm vagueness. This research adopts a normative legal research method, incorporating a statutory approach relevant to the legal domain under examination, as well as conceptual and analytical approaches. The findings revealed that effective international cooperation is crucial in combating human trafficking. Nations must ensure that their domestic laws align with international legal standards for prevention and intervention in human trafficking. Adoption and implementation of pertinent international instruments such as the Palermo Protocol, an adjunct to the UN Convention against Transnational Organized Crime, and the Protocol on Combating Trafficking in Persons are recommended for this purpose.

COMPENSATION FOR WRONGFUL CONVICTION IN SOUTH AFRICA

South Africa acceded to the International Covenant on Civil and Political Rights (ICCPR) without reservations. Article 14(6) of this treaty requires South Africa to put measures in place to compensate people who have suffered miscarriages of justice (wrongful convictions). However, the right to be compensated for wrongful conviction is not provided for in South African law. This is so although case law shows that many people have been wrongfully convicted. A person who has been wrongfully convicted has to institute a civil case (delictual claim) or to apply for a free pardon. In this article, the author argues that these two options do not comply with what is required of South Africa under article 14(6) of the ICCPR. The author suggests ways in which South Africa could comply with its obligation under article 14(6) of the ICCPR. The author also suggests ways in which the common law (actio iniuriarum) could be developed to compensate people who have been wrongfully convicted.

Views adopted by the Committee under Art. 5(4) of the Optional Protocol, concerning Communication No. 3624/2019 (U.N.H.R. Committee)

On September 22, 2022, the Human Rights Committee (HRC) published its views in the communication of Daniel Billy et al. v. Australia, originally submitted in May 2019. Although not the first case before human rights treaty bodies on matters relevant to climate change, it is the first time the Human Rights Committee has found a state party to the International Covenant on Civil and Political Rights (ICCPR) in breach of its obligations under the ICCPR for failure to take mitigation and adaptation measures to combat the effects of climate change. In doing so, it made a number of comments on both procedural and substantive issues, which may well pave the way for future action.

The Right of Access to Public Information: Human Rights Issues, Transparency and Good Governance

The right of access to information is based on both Article 19 of the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), which guarantee everyone the right and freedom “to seek, receive and impart information and ideas” by any means of their choice. Article 24 of the Constitution of the Democratic Republic of Congo (DRC) guarantees the right to information in the following terms: “everyone has the right to information”. The effective manifestation of this right to information remains closely linked to the exercise of freedom of expression and opinion on any subject of public interest and its inevitable corollary, freedom of information. The effectiveness of the right to information also depends on citizens' participation in the nation's public life. A population well-informed by its government can fight against fake news and the spread of false rumors while promoting the fight against corruption and good governance. Accessing public information is one of the most important conditions for assessing the democratic management and openness of society to citizen participation. As an inalienable right, access to information is the foundation of a free, democratic and transparent society. The research was based on the legal approach and the comparative method. The former allowed the subject to be approached by grasping the quintessence of the various existing legal standards. The latter helped to compare the various internal and extra-internal legal instruments based on comparative law, particularly French law. This analysis also used the documentary technique and the free interview in the form of a chat with ordinary citizens or any other personality (civil society groups, journalists, entrepreneurs, national and local elected representatives, other professional, political and trade union groups, and civil servants).

Recent Developments to the Jordanian Execution Law

Abstract This article examines the recent amendments made to the Jordanian Execution Law in respect of imprisonment for failure to pay debts of civil and commercial nature. While the amendments made on the Law are long-awaited and are an improvement to the administration of justice in the Country; it remains that these amendments came below expectations. First, the recent amendments to the Law are short from the international obligations of the Country under the International Covenant on Civil and Political Rights (ICCPR) which Jordan is a signatory of. Second, the recent amendments still use the “one size fits all” approach whereby it does not provide a distinction between a procrastinating debtor and a debtor that is indeed not able to pay; to determine imprisonment in civil and commercial debts. Hence, while the recent amendments had made some positive changes to the imprisonment for debtors in civil and commercial debts; this article finds that Jordan must adhere to its international obligations by providing alternatives to imprisonment for civil and commercial debts; or at least provide a distinction between a procrastinating debtor and a not able to pay debtor to determine whether imprisonment of the debtor is due.

Kajian Hukum Model Penyelesaian Kasus Melalui Hukum Pidana Adat Sebagai Upaya Penyelesaian Sengketa Di Luar Pengadilan

This study aims to find out the legal arrangements for implementing customary law in Indonesia and the process of resolving criminal cases through customary criminal law as an effort to settle disputes outside the court. This study uses normative legal research specifications, using qualitative data analysis with a doctrinal legal approach, collecting data by means of literature studies and interviews. The results of the research show that the application of adat has received recognition from several instruments, including Article 18 B paragraph (2) of the 1945 Constitution, Article 5 paragraph (3) of the Emergency Law of the Republic of Indonesia Number 1 of 1951 and Article 15 paragraph (2) of the International Covenant on Civil and Political Rights (ICCPR). Circular of the Chief of Police Number: SE/8/VII/2018, Director General of Legal Entities for the General Court of the Republic of Indonesia No: 1691/DJU/SK/PS.00/12/2020 and Regulation of the Attorney General of the Republic of Indonesia No. 15 of 2020 which regulates that certain crimes can be resolved through a Restorative Justice mechanism. The Process of Settlement of the beating/fighting that occurred around 2001 in Sosordolok Village, Kec. Daily, Kab. Samosir, a young man A (perpetrator) beat youth B (victim), the problem was that the mediator was Raja Bius), Mr. Monang Sinaga as a trusted party as an intermediary or mediator. The process of resolving the case was carried out at the Sosordolok village hall ending in peace, then a kind of "Mangindahani" was carried out, meaning "giving food" and paying medical expenses to the victim.

Calibrating the Human Rights Committee for Environmental Justice and Sustainable Development

In this paper, the term sustainable development is used to indicate environment-friendly development. Here a comparative case study is made between Bangladesh and Paraguay to comprehend the difference an international forum can offer in mitigating anthropocentric environmental degradation arising from unsustainable development. From Bangladesh’s perspective, this paper finds that individual victims have limited access to justice to challenge environmental harm or risk. Whereas in the case of Paraguay, victims of unsustainable development after exhaustion of national forum can avail remedy from the Human Rights Committee (HRC) constituted under the International Covenant on Civil and Political Rights (ICCPR). The “views” of the HRC in the Portillo Cáceres and others v. Paraguay1 communication recognizing “the State’s obligation to prevent environmental degradation to ensure the right to life in a healthy environment” – has unfolded a new avenue for individual access to environmental justice through human rights mechanism. The individual communication, State-toState complaint, and inquiry – provided by the HRC might be instrumental to challenge the degradation of the anthropocentric environment impairing the human rights guaranteed by the ICCPR. This paper argues that instead of creating new international environmental rights or courts, the use of the HRC might offer accessible justice in terms of the cost and complexity when national remedies are inadequate or exhausted against the unsustainable development risking human rights within a State party.

Viktimološka analiza rizika od viktimizacije kod klimatskih promjena u Bosni i Hercegovini

The idea that every human being has the right to a clean and healthy environment has captivated the imagination of people worldwide. Is this the case with environmental human rights? The United Nations Charter (1945), the Universal Declaration of Human Rights (1948), and the two human rights covenants - The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (both were adopted in 1966 and entered into force in 1977) omit any reference to whether being human encompasses such a right. Socioeconomic and cultural rights include the rights to dignity, education, health, food, water, sick leave, family leave, and employment, while the right to a healthy environment presents a boundary between these and various other rights. In an attempt to address this issue, the authors first analyze the meaning of the right to environmental protection. They specifically scrutinize the outcomes of the European Climate Conference regarding the scientific contributions to climate change transformations on the European continent, held on May 15th and 16th, 2023, in Warsaw. Additionally, the paper presents insights into climate change and the victimization of citizens, along with the risks of victimization associated with these changes. Building on the discussion, special attention is directed towards the issue of the relationship between Bosnia and Herzegovina and the United Nations Convention on the Law of the Sea (UNCLOS). To achieve an adequate standardization and regulation level, urgent preventive measures are proposed to address victimization in the context of climate change in Bosnia and Herzegovina with the aim of ensuring the right of all citizens to live in a safe, clean, healthy, and sustainable environment.