1. Comparison between the UDHR and the ICCPR &
ICESCR
Similarities
All three instruments recognise fundamental human rights and freedoms belonging
to all human beings without discrimination.
The ICCPR and ICESCR are both legally binding treaties, and they elaborate rights
that were first proclaimed in the UDHR.
Many rights appear in both the UDHR and the two Covenants (for example, the right
to life, freedom of expression, the right to education, and the right to work).
Differences
Legal status:
o The UDHR (1948) is a declaration and is not a treaty; it is not legally binding
as such, though it has strong moral authority and is widely regarded as
reflecting customary international law.
o The ICCPR and ICESCR (1966) are binding treaties for states that have
ratified them.
Type of rights:
o The ICCPR focuses on civil and political rights, such as the right to life,
freedom of expression, freedom from torture, and the right to a fair trial.
o The ICESCR focuses on economic, social and cultural rights, such as the
rights to education, health, work, and an adequate standard of living.
Implementation:
o ICCPR obligations are generally of immediate effect.
o ICESCR obligations are subject to progressive realisation, depending on
available resources (Article 2(1) ICESCR).
Sources: UDHR (1948); ICCPR (1966); ICESCR (1966).
Definition human rights: a fundamental right that everyone can rely on without
discrimination, you can find them in treaty’s and in constitutions.
2. General obligation of states parties under the ICCPR
Under Article 2(1) ICCPR, states parties have a general obligation to respect and ensure the
rights recognised in the Covenant to all individuals within their territory and subject to their
jurisdiction, without discrimination.
In simple terms, this means that states must:
Respect rights by not interfering with them;
ICESCR
Similarities
All three instruments recognise fundamental human rights and freedoms belonging
to all human beings without discrimination.
The ICCPR and ICESCR are both legally binding treaties, and they elaborate rights
that were first proclaimed in the UDHR.
Many rights appear in both the UDHR and the two Covenants (for example, the right
to life, freedom of expression, the right to education, and the right to work).
Differences
Legal status:
o The UDHR (1948) is a declaration and is not a treaty; it is not legally binding
as such, though it has strong moral authority and is widely regarded as
reflecting customary international law.
o The ICCPR and ICESCR (1966) are binding treaties for states that have
ratified them.
Type of rights:
o The ICCPR focuses on civil and political rights, such as the right to life,
freedom of expression, freedom from torture, and the right to a fair trial.
o The ICESCR focuses on economic, social and cultural rights, such as the
rights to education, health, work, and an adequate standard of living.
Implementation:
o ICCPR obligations are generally of immediate effect.
o ICESCR obligations are subject to progressive realisation, depending on
available resources (Article 2(1) ICESCR).
Sources: UDHR (1948); ICCPR (1966); ICESCR (1966).
Definition human rights: a fundamental right that everyone can rely on without
discrimination, you can find them in treaty’s and in constitutions.
2. General obligation of states parties under the ICCPR
Under Article 2(1) ICCPR, states parties have a general obligation to respect and ensure the
rights recognised in the Covenant to all individuals within their territory and subject to their
jurisdiction, without discrimination.
In simple terms, this means that states must:
Respect rights by not interfering with them;
