The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary

Description

Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike. Contents Tables of Cases xiii Table of Conventions, Treaties, and International Instruments xli Table of Comments, Recommendations, etc., of the Various International Committees which Deal with Human Rights xlvii Table of Abbreviations xlix A Note on Style and Citation li Part I: Introduction 1. Introduction 3 Part II: Admissibility Under the ICCPR 2. The ‘Ratione Temporis’ Rule 57 3. The ‘Victim’ Requirement 71 4. Territorial and Jurisdictional Limits 92 5. Consideration Under Another International Procedure 113 6. Exhaustion of Domestic Remedies 121 Part III: Civil and Political Rights 7. Right of Self-determination—Article 1 153 8. The Right to Life—Article 6 166 9. Freedom from Torture and Rights to Humane Treatment—Articles 7 and 10 215 10. Miscellaneous Rights—Articles 8, 11, and 16 329 11. Freedom from Arbitrary Detention—Article 9 340 12. Freedom of Movement—Article 12 392 13. Procedural Rights Against Expulsion—Article 13 418 14. Right to a Fair Trial—Article 14 430 15. Prohibition of Retroactive Criminal Laws—Article 15 521 16. Right to Privacy—Article 17 533 00_Joseph220113OUK_pre.indd xi 7/4/2013 10:34:29 AM xii Contents 17. Freedom of Thought, Conscience, and Religion—Article 18 562 18. Freedom of Expression—Articles 19 and 20 590 19. Freedoms of Assembly and Association—Articles 21 and 22 645 20. Protection of the Family—Article 23 666 21. Protection of Children—Article 24 701 22. Rights of Political Participation—Article 25 727 23. Rights of Non-discrimination—Articles 2(1), 3, and 26 759 24. Minority Rights—Article 27 832 25. The Right to a Remedy—Article 2(3) 867 Part IV: Alteration of ICCPR Duties 26. Reservations, Denunciations, Succession, and Derogations 885 Index 925