17 novembre 2020

OUVRAGE : P.M. Taylor, A Commentary on the International Covenant on Civil and Political Rights: The UN Human Rights Committee's Monitoring of ICCPR Rights

Paul M. TAYLOR

A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.


TABLE OF CONTENTS

Preface
Table of Cases
Table of Treaties
List of Abbreviations

Introduction
The Development and Characterisation of Rights and Freedoms of the Individual
Indivisibility of Rights
The Supervisory Role of the Human Rights Committee
Parallel Regional Systems
The Centrality of the Scope, Limitations, Qualifications and Mandated Provisions
Interdependence and Interaction of Rights in their Enjoyment and when Violated
Structure and Content
Article 1: Self-determination
Introduction
The Complementary Roles of Self-determination and Self-government/Independence
A Legal Right
A Permanent Right
Article 1(1)
Article 1(2)
Article 1(3)
The Role of Article 1 in Interpreting Other Rights
Implementation
Conclusion
Article 2: To ‘Respect and to Ensure’ Covenant Rights
Introduction
Article 2(1): To ‘Respect’ and to ‘Ensure’
Article 2(2): Laws and Other Measures to Give Effect to Covenant Rights
Article 2(3): Remedies
Conclusion
Article 3: The Equal Right of Men and Women to the Enjoyment of Covenant Rights
Introduction
Situations in which Article 3 is Commonly Engaged
Implementation
Conclusion
Article 4: Derogation in Times of Officially Proclaimed Public Emergency Threatening the Life of the Nation
Introduction
Article 4(1): Cumulative Preconditions for Permissible Derogation
Article 4(2): Non-derogable Rights and Freedoms
Article 4(3): Accountability to Other States Parties
Implementation
Conclusion
Article 5: Bar on Interpreting the Covenant in Abuse of Rights
Introduction
Article 5(1)
Article 5(2)
Implementation
Conclusion
Article 6: The Right to Life
Introduction
Article 6(1)
Article 6(2)–(6): Death Penalty Provisions
Article 6(2): Preconditions for Imposition of the Death Penalty
Article 6(3): No Implied Derogation from Genocide Convention
Article 6(4): Right to Seek Pardon and Commutation
Article 6(5): Crimes Committed by Those Under 18
Article 6(6): Abolition
Right to Life in Particular Settings
Implementation
Conclusion
Article 7: Torture, Cruel, Inhuman or Degrading Treatment or Punishment
Introduction
The State’s Obligation of ‘Effective Protection’
Torture
Cruel Inhuman or Degrading Treatment
Cruel, Inhuman or Degrading Punishment
‘Medical or Scientific Experimentation’
Implementation
Conclusion
Article 8: Slavery, Servitude and Forced or Compulsory Labour 218
Introduction 219
Article 8(1): Slavery 224
Article 8(2): Servitude 226
Article 8(3): Forced or Compulsory Labour 232
Implementation 237
Conclusion 239
Article 9: Liberty and Security 240
Introduction 241
Article 9(1): The Right to Personal Security 246
Article 9(1): The Right of Liberty 250
Article 9(2): The Right to be Informed, at the Time of Arrest, of the Reasons for Arrest and Promptly be Informed of Any Charges 264
Article 9(3): Judicial Control of Detention 267
Article 9(4): Right to Take Proceedings Before a Court Regarding the Lawfulness of Detention 273
Article 9(5): Enforceable Right to Compensation for Victims of Unlawful Arrest or Detention 277
Implementation 277
Conclusion 279
Article 10: Treatment of Those Deprived of Their Liberty 281
Introduction 282
Article 10(1): Treatment of Detainees and Prisoners in Violation of Article 10(1) and/or Article 7 285
Article 10(2)(a): Segregation of ‘Accused’ from ‘Convicted’ Persons in Pre-Trial Detention 309
Article 10(2)(b): Segregation of ‘Accused Juveniles’ from Adults (in Pre-Trial Detention) and Speedy Appearance for Adjudication
Article 10(3): Segregation of Juvenile Offenders from Adults, Treatment Appropriate to Their Age and Status, and the Purpose of Penal System
Implementation
Conclusion
Article 11: Imprisonment for Inability to Fulfil a Contractual Obligation
Introduction
The Sphere of Operation of Article 11
Implementation
Conclusion
Article 12: Freedom of Movement of the Person
Introduction
Article 12(1): Liberty of Movement and Freedom to Choose Residence
Article 12(2): Freedom to Leave any Country
Article 12(3): Limitations
Article 12(4): The Right to Enter One’s Own Country
Implementation
Conclusion
Article 13: Procedural Safeguards in the Expulsion of Aliens
Introduction
An Alien Lawfully in the Territory of the State Party
Decision Reached ‘in Accordance with the Law’
The Rights to Submit Reasons against Expulsion, and of Review, with Representation, Except where Compelling Reasons of National Security Otherwise Require
Implementation
Conclusion
Article 14: Fair Trial Rights
Introduction
Article 14(1)
Article 14(2): Presumption of Innocence for Anyone Charged with a Criminal Offence
Article 14(3): Criminal Charges: Minimum Guarantees (in Full Equality)
Article 14(4): Criminal Procedure in the Trial of Juveniles: Take Account of Their Age and Promote Their Rehabilitation
Article 14(5): Review of Conviction and Sentence by a Higher Tribunal
Article 14(6): Criminal Conviction: Right to Compensation for Miscarriage of Justice
Article 14(7): Criminal Prosecution: Ne bis in idem (Double Jeopardy)
Implementation
Conclusion
Article 15: Retroactive Criminal Law
Introduction
Article 15(1)
Article 15(2): Preservation of Trial and Punishment of Crimes According to General Principles of Law Recognised by the Community of Nations
Implementation
Conclusion
Article 16: Recognition as a Person Before the Law
Introduction
Situations of Vulnerability to Article 16 Violation
Implementation
Conclusion
Article 17: Privacy, Home, Correspondence; Honour and Reputation
Introduction
Issues of Legality
‘Arbitrariness’
Key Elements of Article 17
Implementation
Conclusion
Article 18: Freedom of Thought, Conscience and Religion
Introduction
The Inviolate Realm of Article 18
The ‘Manifestation’ of Religion or Belief
Parental and Guardianship Rights: Article 18(4)
Implementation
Conclusion
Article 19: Freedom of Expression
Introduction
Article 19(1): Freedom of Opinion
Article 19(2): Freedom of Expression
Article 19(3): Terms of Limitation
Implementation
Conclusion
Article 20: Propaganda for War and Hate Speech
Introduction
Propaganda for War: Article 20(1)
Hate Speech: Article 20(2)
Implementation
Conclusion
Article 21: Freedom of Assembly
Introduction
The Right of Peaceful Assembly
Limitation Provisions
Implementation
Conclusion
Article 22: Freedom of Association
Introduction
Article 22(1): Scope
Article 22(2): Terms of Limitation
Article 22(3): The ILO Conventions
Implementation
Conclusion
Article 23: Protection for the Family
Introduction
Article 23(1): Protection for the Family
Article 23(2): The Right to Marry and to Found a Family
Article 23(3): Full Consent Required of the Intending Spouses
Article 23(4): Equality of Rights and Responsibilities of Spouses as to Marriage, during Marriage and at its Dissolution/Necessary Protection for Children on Marriage Dissolution
Implementation
Conclusion
Article 24: Protection Required for Children
Introduction
Article 24(1): Every Child Shall Have the Right to Such Measures of Protection as are Required by His Status as a Minor
Article 24(2): Every Child Shall be Registered Immediately after Birth and Shall Have a Name
Article 24(3): Every Child has the Right to Acquire a Nationality
Implementation
Conclusion
Article 25: Right to Participate in Public Affairs, Electoral Rights and Access to Public Service
Introduction
‘Every Citizen Shall have the Right and the Opportunity, Without any of the Distinctions Mentioned in Article 2 and Without Unreasonable Restrictions’
(a) To Take Part in the Conduct of Public Affairs, Directly or Through Freely Chosen Representatives
(b) To Vote and to be Elected at Genuine Periodic Elections
(c) To Have Access, on General Terms of Equality, to Public Service in His Country
Implementation
Conclusion
Article 26: Equality before the Law Equal Protection of the Law
Introduction
Equality before the Law and Equal Protection of the Law
Without Discrimination (Reasonable and Objective Criteria)
Issues of Proof in Discrimination Cases
Grounds of Discrimination
Implementation
Conclusion
Article 27: Ethnic, Religious and Linguistic Minorities
Introduction
Properties of Relevant ‘Minorities’ and the Significance of ‘Belonging’
The Elements of Violation of Article 27
Resolution of Conflict Affecting Minority Groups
Evidential Issues
Implementation
Conclusion
Bibliography
List of Concluding Observations (to Reporting States) by Human Rights Committee Sessions
International Covenant on Civil and Political Rights
Index 


Paul M. TAYLOR, A Commentary on the International Covenant on Civil and Political Rights: The UN Human Rights Committee's Monitoring of ICCPR Rights, Cambridge, Cambridge University Press, 2020 (944 pp.)


Paul M. Taylor is a Senior Research Fellow at The University of Queensland's TC Beirne School of Law and Visiting Fellow at the Australian National University's Centre for International and Public Law. His principal academic interests are international human rights law, conflict of laws and competition law. Other significant books he has authored include UK and EC Competition Law and Compliance (1999); and Freedom of Religion: UN and European Human Rights Law and Practice (2005).

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