General Comment No. 36 (2018) on Article 6 of the International Covenant on Civil and Political Rights, on the Right to Life (H.R. Comm.)

2019 ◽  
Vol 58 (4) ◽  
pp. 849-871
Author(s):  
Sarah Joseph
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Right To Life ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

In October 2018, the United Nations Human Rights Committee (UNHRC) adopted General Comment 36 on Article 6 of the International Covenant on Civil and Political Rights (ICCPR), the guarantee of the right to life.

scholarly journals The United Nations Convention on the Rights of Persons with Disabilities and the European Convention on Human Rights: a tale of two halves or a potentially unified vision of human rights?

2018 ◽  
Vol 7 (2) ◽  
pp. 199-224 ◽  
Author(s):  
Andrea Broderick
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Social Dimension ◽  
European Convention ◽  
Political Rights ◽  
Persons With Disabilities ◽  
United Nations Convention ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

The traditional dichotomy of rights between civil and political rights, on the one hand, and economic, social and cultural rights, on the other hand, has been increasingly eroded in scholarly and judicial discourse. The interdependence of the two sets of rights is a fundamental tenet of international human rights law. Nowhere is this interdependence more evident than in the context of the United Nations Convention on the Rights of Persons with Disabilities (CRPD or UN Convention). This article examines the indivisibility and interdependence of rights in the CRPD and, specifically, the positive obligations imposed on States Parties to the UN Convention, in particular the reasonable accommodation duty. The aim of the paper is to analyse, from a disability perspective, the approach adopted by the European Court of Human Rights (ECtHR or ‘Strasbourg Court’) in developing the social dimension of certain civil and political rights in the European Convention on Human Rights (ECHR), namely Articles 2 and 3 (on the right to life and the prohibition on torture, inhuman and degrading treatment, respectively), Article 8 (on the right to private and family life) and Article 14 ECHR (on non-discrimination). Ultimately, this paper examines the influence of the CRPD on the interpretation by the Strasbourg Court of the rights of persons with disabilities under the ECHR. It argues that, while the Court is building some bridges to the CRPD, the incremental and often fragmented approach adopted by the Court could be moulded into a more principled approach, guided by the CRPD.

scholarly journals ASSESSING THE HUMAN RIGHTS COMMITTEE’S GENERAL COMMENT NO. 37: IS THE INTERPRETATION SUFFICIENT TO PROTECT THE FREEDOM OF ASSEMBLY IN TIMES OF PUBLIC HEALTH EMERGENCY?

2021 ◽  
Vol 29 (2) ◽  
pp. 1-25
Author(s):  
Sonia Widya Febriana
Keyword(s):  
Public Health ◽  
Human Rights ◽  
United Nations ◽  
Public Health Emergency ◽  
Political Rights ◽  
Public Health Emergencies ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right ◽  
Scope Of Protection

Implementing the right of peaceful assembly in the midst of a pandemic seems dangerous, especially when the disease is highly infectious. The United Nations Human Rights Committee then adopted General Comment No. 37 which explains the scope of protection of Article 21 of the International Covenant on Civil and Political Rights 1966. This writing is normative research on the interpretation made by the Human Rights Committee and assessing the sufficiency of the said interpretation in protecting the freedom of assembly in the midst of public health emergencies. It is found that the Human Rights Committee has conducted a thorough method in interpreting the protective scope of Article 21 of the ICCPR, whereas the General Comment No. 37 provides a vast protective scope, including a thorough guideline on how to conduct the freedom of assembly in times of public health emergency.

Freedom of Language: A Universal Human Right to Be Recognised

2012 ◽  
Vol 19 (2) ◽  
pp. 195-232 ◽  
Author(s):  
György Andrássy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Moral Rights ◽  
Legal Rights ◽  
Political Rights ◽  
Human Right ◽  
Civil And Political Rights ◽  
The United Nations ◽  
The Right

Human rights as legal rights originate from human rights as pre-existing moral rights; however, as pre-existing human rights are unwritten and invisible, it is uncertain whether all of these rights have been recognised and defined properly. This article advances the thought that if there are any human rights at all and if the civil and political rights recognised and defined by the United Nations represent these pre-existing human rights, then there must be at least one more such right, the right of all to freedom of language and, therefore, the United Nations ought to recognise and define this right too.

Views adopted by the Committee under article 5(4) of the Optional Protocol, concerning A.S., D.I., O.I., and G.D. V. Italy, Communication No. 3042/2017 (U.N. Hum. Rts. COMM.)

2021 ◽  
pp. 1-20
Author(s):  
Patricia Vella De Fremeaux (Mallia) ◽  
Felicity G. Attard
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Right To Life ◽  
Optional Protocol ◽  
Introductory Note ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Article 5

On January 27, 2021, the United Nations Human Rights Committee (HRC or Committee) published two separate decisions in response to communications brought against Malta and Italy. Both decisions concerned the same incident, which occurred on October 11, 2013, where over 200 migrants drowned in a shipwreck in the Mediterranean. The first complaint brought against Malta was dismissed by the Committee on procedural grounds. In the second case, A.S., D.I., O.I. and G.D. v. Italy, the HRC found that Italy had failed to protect the right to life of the migrants under the International Covenant on Civil and Political Rights (ICCPR). This introductory note discusses the significance of the Committee's findings in this decision and its ramifications with respect to the protection of human rights at sea.

scholarly journals Death Penalty under the International Covenant on Civil and Political Rights: Some Reflections for African States

2020 ◽  
Vol 4 (1) ◽  
pp. 187-202
Author(s):  
Zonke Majodina
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Death Penalty ◽  
Special Focus ◽  
Political Rights ◽  
Right To Life ◽  
The World ◽  
Civil And Political Rights ◽  
The Right ◽  
Selection Of

As part of the ongoing movement in support of the abolition of the death penalty across the world, this article presents a selection of cases brought before the United Nations Human Rights Committee (the Committee) on violations of the right to life. With a special focus on Zambian cases, the objective is to demonstrate how the Committee’s views reflect its longstanding jurisprudence that the death penalty should only be applied in the most exceptional circumstances.

4. The International Bill of Human Rights

2019 ◽  
pp. 56-71
Author(s):  
Rhona K. M. Smith
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Universal Declaration ◽  
Political Rights ◽  
Legal Basis ◽  
Cultural Rights ◽  
Civil And Political Rights ◽  
The United Nations

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.

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