Aleyna Coskun
Meeting 6
The UN Human Rights System
1) Compare the rights enshrined in the UDHR, on the one hand, and in the ICCPR
and the ICESCR on the other. What are the similarities and differences?
The Universal Declaration of Human Rights (UDHR) was the first
international instrument to set out a comprehensive catalogue of human rights.
The UDHR was adapted in 1948. It includes civil and political rights as well as
economic, social, and cultural rights. It reflects the idea that all human rights are
universal, indivisible, and interdependent. The UDHR applies to every human
being, and it serves a common standard of achievement for all people and
nations.
The International Covenant on Civil and political Rights (ICCPR) and The
International Covenant on Economic, Social and Cultural Rights (ICESCR)
were both adapted in 1966 and were both designed to give legally binding force
to rights proclaimed in the UDHR. The UDHR, the ICCPR and ICESCR together,
form the International Bill of Human Rights.
(Covenant= formal international treaty in which states make legally binding
agreements.)
The main similarity of these 3 instruments is that many of the same rights
appear in all of them. We can use the freedom of expression as example. This
example is recognized in these 3 instruments as well as other examples (rights).
All 3 are grounded in the concept of human dignity.
Yes, there are some similarities but there are also important differences in
these treaties. The UDHR is formally binding, not legally. However, the ICCPR
and ICESCR are treaties that create binding obligations for state parties. Another
big difference is the way the rights are categorized. The ICCPR focuses on civil
and political rights such as freedom of religion. The ICESCR focuses on
economic, cultural, and social rights, such as the right to work or the right on
health and education.
And last, the nature of state obligations differs. The ICCPR rights generally
require immediate implementation, whereas the ICESCR rights are subject to
progressive realization, depending on available resources. So, the ICCPR has to
go fast (immediate) and the ICESCR is like slower.
, Aleyna Coskun
2) What is the general obligation of states parties under the ICCPR? Explain in your
own words.
The general obligation of states parties under the ICCPR means that states must
respect and ensure the rights recognized in the Covenant to all individuals within
their territory and subject to their jurisdiction, without discrimination.
This obligation has several dimensions. The first dimension is that states have a
negative obligation to refrain from interfering with or violating ICCPR rights.
Second, they have a positive obligation to take active steps to protect
individuals against violations by third parties like legislation and effective law
enforcement. Third, the states must provide effective remedies when
violations occur, ensuring access to competent judicial or administrative
authorities.
States are required to adopt legislative or other measures necessary to give
effect to Covenant rights and to report periodically on their implementation.
3) Some human rights are absolute and cannot be limited or derogated from. Give two
examples of such absolute rights and explain why this is the case.
Some human rights are absolute which means they cannot be limited or
derogated under any circumstances, including during states of emergency.
For example:
1) Article 7 ICCPR, The prohibition of torture and cruel, inhuman or degrading
treatment or punishment.
2) Article 8 ICCPR, The prohibition of slavery and servitude.
These two examples are considered absolute rights because they protect the
core of human dignity and physical and moral integrity. This allows that
limitations or derogations would undermine the fundamental values of humanity
and open the door to severe abuses which is not okay! For this reason, these
rights are also listed among the non-derogable rights listed in Article 4 ICCPR.
Meeting 6
The UN Human Rights System
1) Compare the rights enshrined in the UDHR, on the one hand, and in the ICCPR
and the ICESCR on the other. What are the similarities and differences?
The Universal Declaration of Human Rights (UDHR) was the first
international instrument to set out a comprehensive catalogue of human rights.
The UDHR was adapted in 1948. It includes civil and political rights as well as
economic, social, and cultural rights. It reflects the idea that all human rights are
universal, indivisible, and interdependent. The UDHR applies to every human
being, and it serves a common standard of achievement for all people and
nations.
The International Covenant on Civil and political Rights (ICCPR) and The
International Covenant on Economic, Social and Cultural Rights (ICESCR)
were both adapted in 1966 and were both designed to give legally binding force
to rights proclaimed in the UDHR. The UDHR, the ICCPR and ICESCR together,
form the International Bill of Human Rights.
(Covenant= formal international treaty in which states make legally binding
agreements.)
The main similarity of these 3 instruments is that many of the same rights
appear in all of them. We can use the freedom of expression as example. This
example is recognized in these 3 instruments as well as other examples (rights).
All 3 are grounded in the concept of human dignity.
Yes, there are some similarities but there are also important differences in
these treaties. The UDHR is formally binding, not legally. However, the ICCPR
and ICESCR are treaties that create binding obligations for state parties. Another
big difference is the way the rights are categorized. The ICCPR focuses on civil
and political rights such as freedom of religion. The ICESCR focuses on
economic, cultural, and social rights, such as the right to work or the right on
health and education.
And last, the nature of state obligations differs. The ICCPR rights generally
require immediate implementation, whereas the ICESCR rights are subject to
progressive realization, depending on available resources. So, the ICCPR has to
go fast (immediate) and the ICESCR is like slower.
, Aleyna Coskun
2) What is the general obligation of states parties under the ICCPR? Explain in your
own words.
The general obligation of states parties under the ICCPR means that states must
respect and ensure the rights recognized in the Covenant to all individuals within
their territory and subject to their jurisdiction, without discrimination.
This obligation has several dimensions. The first dimension is that states have a
negative obligation to refrain from interfering with or violating ICCPR rights.
Second, they have a positive obligation to take active steps to protect
individuals against violations by third parties like legislation and effective law
enforcement. Third, the states must provide effective remedies when
violations occur, ensuring access to competent judicial or administrative
authorities.
States are required to adopt legislative or other measures necessary to give
effect to Covenant rights and to report periodically on their implementation.
3) Some human rights are absolute and cannot be limited or derogated from. Give two
examples of such absolute rights and explain why this is the case.
Some human rights are absolute which means they cannot be limited or
derogated under any circumstances, including during states of emergency.
For example:
1) Article 7 ICCPR, The prohibition of torture and cruel, inhuman or degrading
treatment or punishment.
2) Article 8 ICCPR, The prohibition of slavery and servitude.
These two examples are considered absolute rights because they protect the
core of human dignity and physical and moral integrity. This allows that
limitations or derogations would undermine the fundamental values of humanity
and open the door to severe abuses which is not okay! For this reason, these
rights are also listed among the non-derogable rights listed in Article 4 ICCPR.
