What is International Covenant on Political and Civil Rights?

What is International Covenant on Political and Civil Rights?

Adopted by UN General Assembly resolution 2200 A (XXI) of 16 December 1966 and opened for signature, ratification, and accession.

Entry into force: March 23, 1976

BEGINNING

States Parties to this Convention,

Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the inherent dignity and equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace on earth,

Recognizing that these civil rights derive from the inherent dignity of man,

Recognizing that, in accordance with the Universal Declaration of Human Rights, the ideal of a free human being able to exercise freedom from fear and poverty can be realized if conditions are created in which he can exercise his personal and political rights as well as his economic, social and cultural rights,

Considering the obligation of States under the Charter of the United Nations to ensure that human rights and freedoms are respected everywhere and to act in accordance with these rights and freedoms,

Recognizing that individuals who have duties to the society in which they live and to other individuals have a responsibility to promote the rights recognized in this Convention and to endeavor to ensure their observance,

Have agreed on the following provisions:

PART 1

THE RIGHT OF SELF-DETERMINATION

Article 1

People’s right to self-determination

1. All peoples have the right to self-determination. Through this right, peoples can freely determine their political status and freely pursue their economic, social and political development.

2. All peoples may freely dispose of their natural resources and wealth for their own benefit, provided that they do not prejudice their obligations of international economic cooperation based on international law and the principle of mutual benefit. A people cannot be deprived of their material resources under any circumstances.

3. All States Parties to this Covenant, including those responsible for Non-Self-Government and Trustee States, shall endeavor to realize the right to self-determination and shall respect this right in accordance with the provisions of the United Nations Charter.

II. SECTION GENERAL PROVISIONS

Article 2 Implementation of the Convention in domestic law and non-discrimination

1. Each State Party to this Convention shall exercise the rights recognized in this Convention on its territory without discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. It undertakes to respect these and rights for all individuals subject to its sovereign authority.

2. States Parties to this Convention, which have not yet recognized the rights recognized in the Convention in their legislation or practice, undertake to take, in accordance with their constitutional procedures and the provisions of this Convention, the measures or other measures necessary to implement the rights recognized in the Convention.

3. Each State Party to this Convention undertakes to:

a) To ensure that those whose rights or freedoms as set forth in this Convention are violated have an effective remedy, even if the violation is committed by persons other than persons acting in an official capacity;

b) To ensure that the right of the person who wishes to take such legal action is initiated by the competent judicial, administrative and legislative organs or any other competent authority stipulated by the legal system of the State, and to improve the possibility of resorting to judicial remedies;

c) In case such legal remedies are recognized, to ensure that these legal remedies are run by the competent authorities.

Article 3 Gender equality

The States Parties to this Covenant undertake to ensure equal rights in the exercise of all civil and political rights set forth in this Covenant.

Article 4 Emergency relief

1. In the event of an emergency threatening the life of the nation and its official declaration, the Contracting States shall, to the extent strictly required by the exigencies of the situation, not contravene their other obligations under international law and shall not be subject to reasons such as race, colour, sex, language, religion, social origin. may take measures that reduce its obligations under this Convention in a non-discriminatory manner.

2. No reduction may be made in the obligations under Articles 6, 7, 8 (paragraphs 1 and 2), 11, 15, 16 and 18 of the Convention.

3. A State Party to the Convention exercising its power to reduce its obligations under the Convention shall promptly inform the other States Parties to the Convention through the Secretary-General of the United Nations about the reduced Convention clauses and the reasons for the reduction of obligations. The expiration date of the relief is communicated in the same way by another notice.

Article 5 Prohibition of abuse of rights

1. Nothing in this Convention shall be interpreted as giving a State, group or person the right to participate in or act in any activity aimed at the destruction of the rights and freedoms set forth in the Convention, or to allow any limitation of rights and freedoms to a greater extent than is provided for in this Convention.

2. Fundamental human rights recognized by law, treaty or tradition in the domestic law of one of the States Parties to the Convention may not be restricted or reduced in obligations under the pretext that this Convention does not, or to a lesser extent, recognize a right.

III. SECTION MATERIAL RIGHTS

Article 6

right to life

1. Every human being has the innate right to life. This right is protected by law. No one shall be arbitrarily deprived of the right to life.

2. In countries that have not abolished the death penalty, the death penalty may be imposed only for very extreme crimes, in accordance with the law in force at the time the crime was committed and not contrary to the provisions of this Convention and the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be executed after the final decision by the competent court.

3. Where the deprivation of life constitutes a crime of genocide, nothing in this article shall be construed as authorizing a State Party to this Convention to reduce its obligations under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide.

4. A person sentenced to death has the right to seek pardon or commutation of his sentence. In each case, pardon, pardon or commutation of the death penalty may be granted.

5. Persons under the age of eighteen cannot be given the death penalty for crimes they have committed; pregnant women cannot be executed.

6. Nothing in this article may be invoked to prevent or delay the abolition of the death penalty by a State Party to this Convention.

Article 7 Prohibition of torture

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In addition, no one may be subjected to a medical or scientific experiment without their free will.

Article 8 Prohibition of slavery

1. No one may be held in slavery; All forms of slavery and the slave trade are prohibited.

2. No one can be held as a slave.

3.

a) No one may be forced or subjected to forced labor;

b) Item a) of this paragraph cannot be deemed to prevent hard labor as a result of such a penalty imposed by a competent court in countries where a sentence of imprisonment together with hard labor can be imposed for a crime;

c) The following cases are not considered “forced or compulsory labor” for the purposes of this paragraph:

(i) Conditional release is normally requested for a period of time from a person imprisoned as a result of a lawful decision of a court or a person released from such imprisonment, and b) subparagraph b) a business or service not covered by it;

(ii) A service of a military nature and a public service legally required of conscientious objectors in countries where the right to abstain from military service on grounds of belief;

(iii) A service ordered to be performed in the event of an emergency or disaster that threatens the life or well-being of the community;

(iv) A job or service that forms part of normal citizenship obligations.

Article 9 Right to liberty and security

1. Everyone has the right to liberty and security of person. No one shall be arbitrarily detained or detained. No one shall be deprived of his liberty except for the reasons and procedures prescribed by law.

2. A detained person shall be informed promptly of the reasons for his detention at the time of his detention and of the offenses charged against him.

3. Any person detained or detained for a criminal act shall be brought promptly before a judge or other legally competent official and shall be entitled to trial or release within a reasonable time. The detention of a person on trial cannot be a general rule; the release of the detainee may be decided at any stage of the proceedings; The release may be warranted to ensure that this person comes to the hearing and, if convicted, to ensure the execution of the sentence.

4. A person deprived of his liberty by being detained or detained has the right to apply to a court which can immediately decide on the lawfulness of his detention and order his release if his detention is unlawful.

5. A person who is a victim of unlawful detention or detention is entitled to enforceable compensation.