Zaire Criticized for Lack of Co-operation with the UN Human Rights Committee

1997 ◽  
Vol 41 (1) ◽  
pp. 148-148
Keyword(s):  
Human Rights ◽  
Prime Minister ◽  
The State ◽  
Political Rights ◽  
State Party ◽  
Military Intelligence ◽  
Optional Protocol ◽  
Article 9 ◽  
Civil And Political Rights

On 16 April, 1996, the UN Human Rights Committee determined that the 1993 abduction of a military adviser to the then Prime Minister of Zaire, apparently by military intelligence forces, resulted in a violation of the victim's rights to liberty and security of the person under Article 9(1) of the International Covenant on Civil and Political Rights (N'Goya v. Zaire Communication No. 542/1993). It was also found that the victim had suffered cruel and inhuman treatment, in violation of Article 7 of the Covenant, in mat he had been prevented from contact widi his family and with the outside world.Despite repeated requests to the State party for information concerning the matter, the Committee had received no response. As a result, the Committee made some forceful comments about the responsibility of State parties under the Optional Protocol:

scholarly journals Entrada en vigor, general y para España, del Protocolo Facultativo del Pacto Internacional de Derechos Económicos, Sociales y Culturales

2017 ◽  
pp. 75
Author(s):  
Rosa Riquelme Cortado
Keyword(s):  
Human Rights ◽  
Political Rights ◽  
Trust Fund ◽  
State Party ◽  
International Assistance ◽  
Cultural Rights ◽  
Optional Protocol ◽  
Or Groups ◽  
Civil And Political Rights ◽  
Supporting Pillar

<p>The Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESC) entered into force on 5 May 2013, generally and for Spain, thereby establishing, as an essential procedure, the filing of communications by individuals or groups of individuals claiming to be victims of a violation by a State Party of any one of the rights set forth in the Covenant. The principle of indivisibility and interdependence between all human rights acts as its supporting pillar for the correction of the discriminatory protective regime brought about in 1966 by the <em>twin covenants </em>(International Covenant on Civil and Political Rights). The process through which the Protocol to the ICESC came into being, however, did not ignore the insistent debate arising from the <em>justiciability </em>of economic, social and cultural rights, which has an effect on the limits set for the monitoring procedures provided forth therein in order to ensure compliance with the rights protected by the Covenant; that is, the filing of <em>individual communications</em>, its main <em>leitmotiv</em>, of <em>communications between States </em>and <em>inquiry </em>into grave or systematic violations of this range of rights, as well as the complementary mechanisms of <em>international assistance and cooperation </em>of the trust fund in particular.</p><p><strong>Published online</strong>: 11 December 2017</p>

Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia’s international obligations

2017 ◽  
Vol 42 (2) ◽  
pp. 102-106
Author(s):  
Emma Henderson ◽  
Nicole Shackleton ◽  
Stephanie Falconer
Keyword(s):  
Human Rights ◽  
Cognitive Impairments ◽  
The State ◽  
Political Rights ◽  
Mental Impairment ◽  
Persons With Disabilities ◽  
International Obligations ◽  
Civil And Political Rights

While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.

The Protection of Human Rights by the Organization of American States

1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes
Keyword(s):  
Human Rights ◽  
San Francisco ◽  
General Assembly ◽  
Political Rights ◽  
Bill Of Rights ◽  
Cultural Rights ◽  
Optional Protocol ◽  
American States ◽  
Protection Of Human Rights ◽  
Civil And Political Rights

On December 16, 1966, the General Assembly approved three agreements designed to establish a global system of enforceable treaty obligations with respect to fundamental human rights. These agreements are the second part of the “international bill of rights” proposed at the San Francisco Conference. Eighteen years separated the adoption of these agreements—the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, and the Optional Protocol to the International Covenant on Civil and Political Rights—and the approval in 1948 of the first part of the projected United Nations program for the protection of human rights, the non-binding Universal declaration of Human Rights.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

Views Adopted by the Committee Under Article 5(4) of the Optional Protocol, Concerning Sanila-aikio v. Finland, Communication No. 2668/2015, and Klemetti Käkkäläjärvi et al., Communication No. 2950/2017 (H.R. Comm'n)

2020 ◽  
Vol 59 (2) ◽  
pp. 302-332
Author(s):  
CJ Iorns Magallanes
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Electoral Roll ◽  
Optional Protocol ◽  
Civil And Political Rights ◽  
The United Nations ◽  
Article 5

On November 1 and 2, 2018, the Human Rights Committee of the United Nations (the Committee) adopted views pursuant to Article 5(4) of the Optional Protocol in the cases of Sanila-Aikio v. Finland and Klemetti Käkkäläjärvi et al. In respect of both communications, the Committee considered that the interpretation made by the Finland Supreme Administrative Court (the Court), of who was eligible to be a member of the Sami Parliament's electoral roll, violated Article 25 of the International Covenant on Civil and Political Rights (the Covenant), read alone and in conjunction with Article 27, and in light of Article 1.

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