Exam (elaborations)
LCP4807 Assignment 1 Semester 2 2022
- Institution
- University Of South Africa (Unisa)
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LCP4807Assignment 1 Semester 2 2022
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1
, INTRODUCTION
The International Covenant on Civil and Political Rights (ICCPR), 19661 was adopted
by the United Nations General Assembly in 1966, and came into force in 1976. As an
international treaty, the ICCPR imposes legally binding obligations on States parties.
The ICCPR and its Optional Protocols make up a part of what is known as the
International Bill of Rights.2 The ICCPR recognises and protects civil and political
rights. All states parties undertake to respect and to ensure to all individuals within
their territory and subject to their jurisdiction the rights recognised in the ICCPR.3
The rights in the ICCPR are supervised and monitored at the international level by
the Human Rights Committee4 established under Article 28 of the ICCPR. There are
two Optional Protocols to the ICCPR in which a State party to the ICCPR can choose
whether to ratify one or both Optional Protocols: it does not have to ratify either. It is
not possible for a State to become a party to either Optional Protocol if it is not a
party to the ICCPR.
The First Optional Protocol to the International Covenant on Civil and Political
Rights, 19665 to permit the submission of individual complaints about violations of
the ICCPR by that State to the HRC. The Second Optional Protocol of the Covenant
on Civil and Political Rights aiming at the Abolition of Death Penalty, 1989 6 was
adopted by the UN General Assembly to abolish the death penalty as a punishment.
This essay critically discusses the enforcement mechanisms developed under the
ICCPR and its Protocols and procedures open to individuals who claim to be victims
of violations of rights contained in the ICCPR.
ENFORCEMENT BY THE HRC
Article 28 of the ICCPR established the HRC to monitor and advance state parties’
compliance with their obligations arising under the ICCPR. The HRC performs its
1 Hereinafter referred to as the ICCPR.
2 Mmatsie Mooki and Posche Makama, International Human Rights Law: only study guide for
LCP4807 (University of South Africa 2019) 24.
3 Article 2 of the ICCPR.
4 Hereinafter referred to as the HRC.
5 Hereinafter referred to as the First Optional Protocol.
6 Hereinafter referred to as the Second Optional Protocol.
2
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