Views of the Human Rights Committee under article 5, paragraph 4, of the Optional Protocol to the International Covenant on Civil and Political Rights

2020 ◽  
Vol 59 (2) ◽  
pp. 302-332
Author(s):  
CJ Iorns Magallanes

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.


2019 ◽  
Vol 58 (1) ◽  
pp. 195-236
Author(s):  
Sital Kalantry

On July 17, 2018, the Human Rights Committee, the monitoring body of the International Covenant on Civil and Political Rights (ICCPR), rendered decisions in two similar cases brought by two French nationals against the French state. Both petitioners were Muslim women who challenged Act No. 2010-1192 of 11 October 2010, a French law under which wearing of the niqab, also known as a “full-face veil,” in public spaces is prohibited. These seminal cases constitute the first time that an international arbiter of human rights has ruled that France's face-veil ban violates the human rights of its citizens.


2021 ◽  
pp. 1-20
Author(s):  
Patricia Vella De Fremeaux (Mallia) ◽  
Felicity G. Attard

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.


1968 ◽  
Vol 62 (4) ◽  
pp. 889-908 ◽  
Author(s):  
José A. Cabranes

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.


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