23. The fourth, sixth, seventh, and thirteenth protocols

2018 ◽  
Author(s):  
David Harris ◽  
Michael O’Boyle ◽  
Ed Bates ◽  
Carla Buckley
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
European Convention ◽  
Political Rights ◽  
Civil And Political Rights ◽  
Selection Of

This chapter discusses Protocols 4, 6, 7, and 13 of the European Convention on Human Rights. Protocols 4 and 7 protect a selection of civil and political rights not covered by the main Convention text and which make up for the substantive deficiencies of the Convention when compared to the International Covenant on Civil and Political Rights (ICCPR). Protocols 6 and 13 concern the abolition of the death penalty in peacetime and in war, respectively.

The UN Optional Protocol on the Abolition of the Death Penalty

2018 ◽  
Author(s):  
Marc Bossuyt
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
European Convention ◽  
General Assembly ◽  
Political Rights ◽  
Special Rapporteur ◽  
Optional Protocol ◽  
Social Council ◽  
History Of ◽  
Civil And Political Rights

The drafting history of the Second Optional Protocol (1989) to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, is explained by the Special Rapporteur of the UN Sub-Commission on Human Rights entrusted with an analysis of the proposal to elaborate such a protocol. Special attention is given to the adoption of the text successively by the Sub-Commission and the Commission on Human Rights, the Economic and Social Council, the Third Committee, and the General Assembly. Explanations are given on the possible reservation allowing an exception for ‘a most serious crime of a military nature committed during wartime’. The Second Optional Protocol is also compared with regional instruments on the abolition of the death penalty, such as the 6th (1983) and 13th (2002) Protocol to the European Convention on Human Rights and the American Protocol aiming at the same abolition (1990).

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.

scholarly journals Non-universal Human Rights? How Article 6 (2) of the International Covenant on Civil and Political Rights Undermines Human Rights

2020 ◽  
Vol 9 (1) ◽  
pp. 99-117
Author(s):  
Billy Holmes
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Human Dignity ◽  
Final Section ◽  
Political Rights ◽  
Right To Life ◽  
Universal Human Rights ◽  
Civil And Political Rights ◽  
The Right

Article 6 of the International Covenant on Civil and Political Rights facilitates inequality regarding the imposition of the death penalty and thus, it cannot ensure universality for the protection of the right to life. Paragraph two of this article states: ‘sentence of death may be imposed only for the most serious crimes.’ This article argues that the vagueness of the phrase ‘the most serious crimes’ allows states to undermine human rights principles and human dignity by affording states significant discretion regarding the human rights principles of equality and anti-discrimination. The article posits that this discretion allows states to undermine human dignity and the concept of universal human rights by challenging their universality; by facilitating legal inequality between men and women. Accordingly, it asserts that the implications of not expounding this vague phrase may be far-reaching, particularly in the long-term. The final section of this article offers a potential solution to this problem.

scholarly journals Death Penalty in Pakistan in nexus with International Human Rights Laws and Sharia’h

2020 ◽  
Vol 2 (2) ◽  
pp. 78-86
Author(s):  
Muhammad Waqas Javed ◽  
◽  
Naila Kareem ◽  
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Justice System ◽  
Special Focus ◽  
Political Rights ◽  
International Human Rights ◽  
International Human ◽  
Civil And Political Rights ◽  
International Fair

In the instant study, we focus to point out Islamic perspective in relation to international human rights laws pertaining to death penalty in the context of Pakistan. We have discussed the perspective certain jurists who claim qisas is an alternative prayer, and it can be abolished. However, the study maintains that Islamic injunctions support, and recommend for capital punishment for certain offences, while diyatis an alternative penalty. Further, we have deliberated death penalty in the light of human rights conventions with special focus on Article 6 of the International Covenant of Civil and Political Rights (ICCPR), 1966. The debate also surrounds abolitionists or retentionists views with special reference to Pakistan. It concludes that immediate abolishment of death penalty may not be possible in Pakistan. Nevertheless, as a first step, it needs to re-interpret the phrase “most serious crimes” envisaged under Article 6 of ICCPR in its true letter and spirit, or to exercise de facto abolishment of it until its crippled criminal justice system ensures international fair trial standards. As internal peace and security situation improves in Pakistan, so it may enforce de-jure halt.

8. Freedom of assembly and association

2017 ◽  
Author(s):  
Bernadette Rainey
Keyword(s):  
Human Rights ◽  
Political Parties ◽  
Interest Groups ◽  
Trade Unions ◽  
European Convention ◽  
Public Order ◽  
Political Rights ◽  
Essential Information ◽  
Margin Of Appreciation ◽  
Civil And Political Rights

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter focuses on freedom of assembly and association, which is dealt with together in Article 11 of the European Convention on Human Rights (ECHR) but separately in the International Covenant on Civil and Political Rights (ICCPR). It looks at the various forms of an assembly, and considers forms of association such as political parties, other interest groups, and trade unions, and how a state must justify any restriction on Article 11(1) given the extremely narrow margin of appreciation when it comes to political parties. The chapter also discusses public order and protest that has led to litigation in England and Wales to determine what is meant by imminent breach of the peace, the limits on processions and assembly, and the proportionality of state measures under Article 11 (with Articles 10 and 5).

The ties that bind: family and private life as bars to the deportation of immigrants

2012 ◽  
Vol 8 (2) ◽  
pp. 283-296
Author(s):  
Yaël Ronen
Keyword(s):  
Human Rights ◽  
Family Life ◽  
Private Life ◽  
European Convention ◽  
Political Rights ◽  
Normative Framework ◽  
European Court ◽  
Fundamental Freedoms ◽  
Civil And Political Rights ◽  
Two Bodies

AbstractThis article analyses the way in which the use of the rights to family life and to private life has evolved as a bar to the deportation of immigrants. The analysis focuses on the jurisprudence of the European Court of Human Rights (ECtHR) with respect to the European Convention on Human Rights and Fundamental Freedoms, which uses a rights-based framework; and of the UN Human Rights Committee (HRC) with respect to the International Covenant on Civil and Political Rights, which uses a status-based framework. It notes the interaction between the two bodies and the attempt in each forum to modify its normative framework to follow the other's. The article further considers the implications of each normative framework for both integrated immigrants and other immigrants.

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.

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