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“Law Master’s” Publication “Public International Law”
Prof. S.D. Bhosale
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QUESTION BANK
1. Explain the International law relating to Civil and Political rights.
2. Enumerate the social, economic and cultural rights as provided under the International
Covenant on Social, Economic and Cultural Rights and in the Constitution of India.
3 Enumerate the social, and economic rights in relation to international instruments and
Part IV of the Constitution of India.
4. (a) What do you understand by ‘Civil and Political Rights”?
(b) discuss the various kinds of civil and political rights in light of the international
instruments and Part III of the Constitution of India.
Short Notes
1. Covenant on Civil and Political Rights.
SYNOPSIS
Table of Contents
I. Introduction:-..................................................................................................................26
topic]..................................................................................................................................26
a. Introduction-...............................................................................................................26
1
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“Law Master’s” Publication “Public International Law”
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Opinion protocols:- ....................................................................................................28
a. Introduction-...............................................................................................................28
(ICESCR)-......................................................................................................................28
Optional Protocol to the ICESCR- ....................................................................................31
I. Introduction:-
The Bill of Rights is what we call “fundamental rights” in India. It refers to the rights
recognised and protected by the State. The Bill of Rights concept in international law is
based on the American Bill of Rights.
Immediately after the Second World War, a series of declarations and covenants
began to articulate universal human rights. In 1948, countries agreed on a comprehensive
list of inalienable human rights for the first time. In December of that year, the United
Nations
General
Assembly
adopted
the Universal
international human rights law. In December 1966, the UN General Assembly adopted two
international treaties that would further shape international human rights: (i)
optional protocols entered into 1976. These are often referred to as “the International
Covenants.” The UDHR and these two Covenants are collectively known as
the International Bill of Human Rights. [UDHR is discussed in an earlier topic]. The
major objective of these Covenants is to ensure that each person is guaranteed these rights
without any discrimination.
earlier topic].
a. Introduction-
This Covenant was adopted by the United Nations General Assembly on 16
December 1966 and entered into force on 23 March 1976. Till 2019 it has 173 signatory
countries. The Covenant elaborates further on the civil and political rights and freedoms
listed in the Universal Declaration of Human Rights.
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“Law Master’s” Publication “Public International Law”
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In Article 1 of the Covenant, states commit to promoting and respecting the right to
self-determination. The Covenant also recognises the rights of people to freely own, trade,
and dispose of their natural wealth and resources.
Article 2- The right to legal recourse when their rights have been violated, even if
the
violator was acting in an official capacity.
Article 3- The right to equality between men and women in the enjoyment of their
civil and political rights.
Article 6- The right to life and survival.
Article 7- The freedom from inhuman or degrading treatment or punishment.
Article 8- The freedom from slavery and servitude.
Article 9- The right to liberty and security of the person and freedom from arbitrary
arrest or detention.
Article 11- The freedom from prison due to debt.
Article 12- The right to liberty of movement and freedom to choose residence.
Article 14- The right to equality before the law; the right to be presumed innocent
until proven guilty, and to have a fair and public hearing by an impartial tribunal.
Article 16-The right to be recognised as a person before the law.
Article 17-The right to privacy and its protection by the law.
Article 18- The freedom of thought, conscience and religion.
Article 19-The freedom of opinion and expression.
Article 20-Prohibition of propaganda advocating war or national, racial or religious
hatred.
Article 21- The right to peaceful assembly.
Article 22- The right to freedom of association.
Article 23- The right to marry and form a family.
Article 24- The Rights of Children (Status as Minors, Nationality, Registration and
Name).
Article 25- The right to participate in the conduct of public affairs, to vote and to be
elected and access to public service.
Article 26-The right to equality before the law and equal protection
Article 27-The right for members of religious, ethnic or linguistic minorities to
enjoy their culture, practice their religion and use their language.
The Covenant is legally binding; the Human Rights Committee, established under
Article 28, monitors its implementation.
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“Law Master’s” Publication “Public International Law”
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Opinion protocols:-
An optional protocol is a legal instrument related to an existing treaty that addresses
issues that the parent treaty does not cover or does not cover sufficiently. It is usually,
although not always, open to ratification or accession only by States that are parties to the
parent treaty. It is “optional” because States are not obliged to become parties to the
protocol, even if they are parties to the parent treaty.
There are two opinion Protocols to the Covenant. The first one established an
individual complaints mechanism allowing individuals to complain to the Human Rights
Committee about violations of the Covenant. The protocol was ratified by the General
Assembly in 1966. In 2019, there were 116 member countries in the protocol.
The second opinion Protocol abolishes the death penalty. However, it allows the
States to implement the death penalty for the most serious crimes of a military nature
committed during wartime. The protocol was ratified by the General Assembly in 1989. In
2019, there were 87 member countries in the protocol.
As discussed above, there are different rights mentioned under ICCPR which are
similar to the rights provided in the Indian Constitution, as follows-
i) Equality of Opportunity to public service- Article 25(c)
ii) Right to move freely within the territory of a state- Article 22(1)
iii) Protection in respect of conviction of offences- Article 15(1)
iv) Protection from prosecution and punishment- Article 14(7)
v) Not to be compelled to testify against himself- Article 14(3) (g)
IV.
The International
Rights (ICESCR):-
a. Introduction-
and came into force on 3rd January 1976. The ICESCR provides the legal framework to
protect and preserve the most basic economic, social and cultural rights.
The Covenant commits its parties to work toward granting economic, social, and
monitored by the UN Committee on Economic, Social and Cultural Rights.
b. Summary of the International Covenant on Economic, Social and Cultural Rights
The Covenant follows the structure of the UDHR and the ICCPR, with a preamble
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“Law Master’s” Publication “Public International Law”
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and thirty-one articles divided into five parts.
including the right to "freely determine their political status", pursue their economic, social
and cultural goals, and manage and dispose of their own resources. It recognises a negative
right of a people not to be deprived of its means of subsistence. It obligates those parties
still responsible for non-self-governing and trusted territories (colonies) to encourage and
respect their self-determination.
Part 2 (Articles 2–5) establishes the "progressive realisation" principle. It also
requires the rights be recognised "without discrimination of any kind as to race, colour,
sex, language, religion, political or other opinion, national or social origin, property, birth
or other status". The rights can only be limited by law in a manner compatible with the
nature of the rights and only for the purpose of "promoting the general welfare in a
democratic society".
Part 3 (Articles 6–15) lists the Rights. These rights include rights to work, under
of living conditions" (Article 11); health, specifically "the highest attainable standard of
education, generally available secondary education and equally accessible higher
education. This should be directed to "the full development of the human personality and
the sense of its dignity" and enable all persons to participate effectively in society (Articles
13 and 14) and participation in cultural life (Article 15).
Negative and positive rights are rights that oblige either action (positive rights) or
inaction (negative rights). Many of these aforementioned rights include specific actions
that must be undertaken to realise them, as they are positive economic, social, and cultural
rights that go beyond relatively inaction-based civil and political negative rights.
Part 4 (Articles 16–25) governs reporting and monitoring of the Covenant and
the steps taken by the parties to implement it. It also allows the monitoring body –
General Assembly on appropriate measures to realise the rights (Article 21)
Part 5 (Articles 26–31) governs ratification, entry into force, and amendment
2 Article 1-All peoples have the right of self-determination, including the right to determine their political status and
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freely pursue their economic, social and cultural development.
Article 2-Each State Party undertakes to take steps to the maximum of its available resources to achieve
progressively the full realization of the rights in this treaty. Everyone is entitled to the same rights without
discrimination of any kind.
Article 3-The States undertake to ensure the equal right of men and women to the enjoyment of all rights in
this treaty.
Article 4-Limitations may be placed on these rights only if compatible with the nature of these rights and
solely for the purpose of promoting the general welfare in a democratic society.
Article 5-No person, group or government has the right to destroy any of these rights.
Article 6-Everyone has the right to work, including the right to gain one’s living at work that is freely chosen
and accepted.
Article 7-Everyone has the right to just conditions of work; fair wages ensuring a decent living for himself
and his family; equal pay for equal work; safe and healthy working conditions; equal opportunity for everyone to be
promoted; rest and leisure.
Article 8-Everyone has the right to form and join trade unions, the right to strike.
Article 9-Everyone has the right to social security, including social insurance.
Article 10-Protection and assistance should be accorded to the family. Marriage must be entered into with
the free consent of both spouses. Special protection should be provided to mothers. Special measures should be taken
on behalf of children, without discrimination. Children and youth should be protected from economic exploitation.
Their employment in dangerous or harmful work should be prohibited. There should be age limits below which child
labor should be prohibited.
Article 11-Everyone has the right to an adequate standard of living for himself and his family, including
adequate food, clothing and housing. Everyone has the right to be free from hunger.
Article 12-Everyone has the right to the enjoyment of the highest attainable standard of physical and mental
health.
Article 13-Everyone has the right to education. Primary education should be compulsory and free to all.
Article 14-Those States where compulsory, free primary education is not available to all should work out a
plan to provide such education.
Article 15-Everyone has the right to take part in cultural life; enjoy the benefits of scientific progress.
Article 16-1. The States Parties to the present Covenant undertake to submit in conformity with this part of
the Covenant reports on the measures which they have adopted and the progress made in achieving the observance of
the rights recognized herein.
2.(a) All reports shall be submitted to the Secretary-General of the United Nations, who shall transmit copies
to the Economic and Social Council for consideration in accordance with the provisions of the present Covenant;
(b) The Secretary-General of the United Nations shall also transmit to the specialized agencies copies of the
reports, or any relevant parts therefrom, from States Parties to the present Covenant which are also members of these
specialized agencies in so far as these reports, or parts therefrom, relate to any matters which fall within the
responsibilities of the said agencies in accordance with their constitutional instruments.
Article 17-1. The States Parties to the present Covenant shall furnish their reports in stages, in accordance
with a programme to be established by the Economic and Social Council within one year of the entry into force of the
present Covenant after consultation with the States Parties and the specialized agencies concerned.
2. Reports may indicate factors and difficulties affecting the degree of fulfilment of obligations under the
present Covenant.
3. Where relevant information has previously been furnished to the United Nations or to any specialized
agency by any State Party to the present Covenant, it will not be necessary to reproduce that information, but a precise
reference to the information so furnished will suffice.
Article 18-Pursuant to its responsibilities under the Charter of the United Nations in the field of human rights
and fundamental freedoms, the Economic and Social Council may make arrangements with the specialized agencies
in respect of their reporting to it on the progress made in achieving the observance of the provisions of the present
Covenant falling within the scope of their activities. These reports may include particulars of decisions and
recommendations on such implementation adopted by their competent organs.
Article 19-The Economic and Social Council may transmit to the Commission on Human Rights for study
and general recommendation or, as appropriate, for information the reports concerning human rights submitted by
States in accordance with articles 16 and 17, and those concerning human rights submitted by the specialized agencies
in accordance with article 18.
Article 20- The States Parties to the present Covenant and the specialized agencies concerned may submit
comments to the Economic and Social Council on any general recommendation under article 19 or reference to such
general recommendation in any report of the Commission on Human Rights or any documentation referred to therein.
Article 21-The Economic and Social Council may submit from time to time to the General Assembly reports
with recommendations of a general nature and a summary of the information received from the States Parties to the
present Covenant and the specialized agencies on the measures taken and the progress made in achieving general
observance of the rights recognized in the present Covenant.
Article 22-The Economic and Social Council may bring to the attention of other organs of the United
Nations, their subsidiary organs and specialized agencies concerned with furnishing technical assistance any matters
arising out of the reports referred to in this part of the present Covenant which may assist such bodies in deciding,
each within its field of competence, on the advisability of international measures likely to contribute to the effective
progressive implementation of the present Covenant.
Article 23-The States Parties to the present Covenant agree that international action for the achievement of
the rights recognized in the present Covenant includes such methods as the conclusion of conventions, the adoption
of recommendations, the furnishing of technical assistance and the holding of regional meetings and technical
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Optional Protocol to the ICESCR-
The Optional Protocol to the International Covenant on Economic, Social and
Cultural Rights (ICESCR) was adopted by the United Nations (UN) in 2008 and entered
into force on 5 May 2013. The purpose of the optional protocol is to achieve the purposes
of the ICESCR Covenant and the implementation of its provisions. The Optional Protocol
is made to enable the Committee on Economic, Social and Cultural Rights to carry out the
functions provided for in the present Protocol. The optional protocol has a total of 22
Articles.
*****
References:-
meetings for the purpose of consultation and study organized in conjunction with the Governments concerned.
Article 24-Nothing in the present Covenant shall be interpreted as impairing the provisions of the Charter of
the United Nations and of the constitutions of the specialized agencies which define the respective responsibilities of
the various organs of the United Nations and of the specialized agencies in regard to the matters dealt with in the
present Covenant.
Article 25-Nothing in the present Covenant shall be interpreted as impairing the inherent right of all peoples
to enjoy and utilize fully and freely their natural wealth and resources.
PART V
Article 26-1. The present Covenant is open for signature by any State Member of the United Nations or
member of any of its specialized agencies, by any State Party to the Statute of the International Court of Justice, and
by any other State which has been invited by the General Assembly of the United Nations to become a party to the
present Covenant.
2. The present Covenant is subject to ratification. Instruments of ratification shall be deposited with the
Secretary-General of the United Nations.
3. The present Covenant shall be open to accession by any State referred to in paragraph 1 of this article.
4. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the
United Nations.
5. The Secretary-General of the United Nations shall inform all States which have signed the present
Covenant or acceded to it of the deposit of each instrument of ratification or accession.
Article 27-1. The present Covenant shall enter into force three months after the date of the deposit with the
Secretary-General of the United Nations of the thirty-fifth instrument of ratification or instrument of accession.
2. For each State ratifying the present Covenant or acceding to it after the deposit of the thirty-fifth instrument
of ratification or instrument of accession, the present Covenant shall enter into force three months after the date of the
deposit of its own instrument of ratification or instrument of accession.
Article 28-The provisions of the present Covenant shall extend to all parts of federal States without any
limitations or exceptions.
Article 29-1. Any State Party to the present Covenant may propose an amendment and file it with the
Secretary-General of the United Nations. The Secretary-General shall thereupon communicate any proposed
amendments to the States Parties to the present Covenant with a request that they notify him whether they favour a
conference of States Parties for the purpose of considering and voting upon the proposals. In the event that at least
one third of the States Parties favours such a conference, the Secretary-General shall convene the conference under
the auspices of the United Nations. Any amendment adopted by a majority of the States Parties present and voting at
the conference shall be submitted to the General Assembly of the United Nations for approval.
2. Amendments shall come into force when they have been approved by the General Assembly of the United
Nations and accepted by a two-thirds majority of the States Parties to the present Covenant in accordance with their
respective constitutional processes.
3. When amendments come into force they shall be binding on those States Parties which have accepted
them, other States Parties still being bound by the provisions of the present Covenant and any earlier amendment
which they have accepted.
Article 30-Irrespective of the notifications made under article 26, paragraph 5, the Secretary-General of the
United Nations shall inform all States referred to in paragraph I of the same article of the following particulars:
(a) Signatures, ratifications and accessions under article 26;
(b) The date of the entry into force of the present Covenant under article 27 and the date of the entry into
force of any amendments under article 29.
Article 31-1. The present Covenant, of which the Chinese, English, French, Russian and Spanish texts are
equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit certified copies of the present Covenant to all
States referred to in article 26.
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“Law Master’s” Publication “Public International Law”
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