
Contents
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Civil and Political Rights—The Philosophical Background Civil and Political Rights—The Philosophical Background
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Natural Rights Natural Rights
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The Universal Declaration of Human Rights The Universal Declaration of Human Rights
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Two Covenants Two Covenants
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The International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights
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Ratification Ratification
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Substantive Rights Substantive Rights
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Supporting Guarantees Supporting Guarantees
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The ICCPR and Domestic Law The ICCPR and Domestic Law
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The Human Rights Committee The Human Rights Committee
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Reporting System and Concluding Observations Reporting System and Concluding Observations
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General Comments General Comments
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Inter-State Complaints Inter-State Complaints
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Individual Communications Under the Optional Protocol Individual Communications Under the Optional Protocol
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Requests for interim measures Requests for interim measures
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Interpretation and Development of ICCPR Norms Interpretation and Development of ICCPR Norms
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General Overview General Overview
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The Role of Precedent The Role of Precedent
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Limitations to ICCPR Rights Limitations to ICCPR Rights
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The ICCPR Amid International Law The ICCPR Amid International Law
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Positive Obligations Positive Obligations
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State Responsibility: Vertical and Horizontal Obligations State Responsibility: Vertical and Horizontal Obligations
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Systemic Human Rights Abuse Systemic Human Rights Abuse
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Cultural Relativism and Civil and Political Rights Cultural Relativism and Civil and Political Rights
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Individual and Collective Rights Individual and Collective Rights
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Rights and Duties Rights and Duties
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Predominance of Civil and Political Rights Over Economic, Social, and Cultural Rights Predominance of Civil and Political Rights Over Economic, Social, and Cultural Rights
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Economic Relativism Economic Relativism
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The ICCPR and Cultural/Economic Relativism The ICCPR and Cultural/Economic Relativism
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The Human Rights Committee—an Appraisal The Human Rights Committee—an Appraisal
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Conclusion Conclusion
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Cite
Extract
The International Covenant on Civil and Political Rights (ICCPR) was adopted by the United Nations (UN) in 1966, and came into force upon receiving the requisite number of ratifications in 1976. It is probably the most important human rights treaty in the world, given that it has universal coverage (unlike eg the European Convention on Human Rights 1951 (ECHR)), it contains a large number of rights (unlike single-issue treaties such as the Convention against Torture and other Cruel Inhuman or Degrading Treatment or Punishment 1984 (CAT)), and it purports to apply to all classes of person (unlike eg the Convention on the Rights of the Child 1989 (CRC)). Furthermore, a large body of jurisprudence has emerged under the ICCPR, unlike its sister treaty, the International Covenant on Economic Social and Cultural Rights (ICESCR). It has also been incorporated into the domestic law of many States Parties.1
For example, the ICCPR has been directly incorporated into the law of numerous States Parties such as Finland, the Netherlands, the Russian Federation, and the Republic of Korea (South Korea). It has also provided the template for a number of municipal Bills of Rights, such as those of Hong Kong, New Zealand, Victoria (Australia), and the Australian Capital Territory.
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