IS407 Group Discussion

Group Discussion §

1. What is the International Covenant on Economic, Social and Cultural Rights (ICESCP) about? What are the major rights and its implementation?
   • is one of the three Bills of Human Rights
   • ‘the ethical and legal basis for all the human rights work of the United Nations…the foundation upon which the international system for the protection and promotion of human rights has been developed’
   • Rights
     • Art 1: The right to self-determination: giving recognition to a right to economic, rather than political, self-determination (The First part of the covenant)
     • Art 6: right to work and earn a living
       • dependent on the establishment of appropriate training and vocational programs
       • The working conditions must be fair
       • ILO focused on minority groups, while ICESCP focus on everyone
         • Art 10: nursing mothers and children
     • Trade Union membership and activities
     • adequate standard of living, food, physical and mental health
     • education, and a rich cultural life including the protection of the moral and material interests of an author of any scientific, literary, or artistic work.
   • Implementation
     • States are required to send periodic reports to the Committee on Economic, Social and Cultural Rights of the Economic and Social Council
       • detail the advances made by the State in the realization of the goals set for them in furtherance of the progressive achievement of the rights and freedoms embodied in the Charter for their entire population
     • Committee on Economic, Social and Cultural Rights (1986): setup to monitor compliance of states to the covenants
       • Transmit reports to the Human Rights Council for study and general recommendations
       • The Economic and Social Council will assist any states in need to technical assistance
2. What is International Covenant on Civil and Political Rights (ICCPR) about? What are the major rights and its implementation? What are First Optional Protocol and Second Optional Protocol about? https://www.ohchr.org/documents/publications/factsheet2rev.1en.pdf First optional protocol https://www.ohchr.org/EN/ProfessionalInterest/Pages/OPCCPR1.aspx Second Optional Protocol https://www.ohchr.org/EN/ProfessionalInterest/Pages/2ndOPCCPR.aspx

The International Covenant on Civil and Political Rights is a multilateral treaty that commits states parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.

Major rights:

• Essentially, the International Covenant on Civil and Political Rights expands those rights enshrined in Arts 1–21 of the Universal Declaration on Human Rights (the right to life)
• The prohibition on slavery and torture (Arts 7-8)
• Deprivation of liberty through detention and the rights of an accused to a fair trial
• The right to move freely throughout the territory (Arts 12-13)
• The freedom of thought, conscience, and religion (Art 20)
• Assembly and association is prescribed with restriction only possible in accordance with the law and where necessary in a democratic society (Arts 21–2)
• Children are to be protected as befits their minor status (Art 24)
• Democratic rights of participation in government
• The right of ethnic, religious, or linguistic minorities to enjoy their culture, profess and practice their religion, and use their own language (Art 27)

Implementation:  Compliance with the ICCPR is monitored by the United Nations Human Rights Committee, which reviews regular reports of states parties on how the rights are being implemented. States must report one year after acceding to the Covenant and then whenever the Committee requests (usually every four years).

• Human Rights Committee was established by the Covenant
• State parties submit reports to the Committee on the measures they have adopted which give effect to the rights recognized in the Covenant and on the progress made in the enjoyment of those rights within their jurisdiction

Art 41 of the Covenant enables States to declare, at any time, their recognition of the competence of the Committee to receive and consider any communications to the effect that the State concerned is not fulfilling its obligations under the Covenant.