The Protocol to the United Nations Covenant on Civil and Political Rights and the Inter-American System: A Study of Co-Existing Petition Procedures

1976 ◽  
Vol 70 (4) ◽  
pp. 778-800 ◽  
Author(s):  
M. E. Tardu
Keyword(s):  
United Nations ◽  
The Other ◽  
Political Rights ◽  
American System ◽  
System A ◽  
Optional Protocol ◽  
American States ◽  
Legal Questions ◽  
Civil And Political Rights ◽  
The One

The purpose of this article is to examine the main legal questions that arise from the co-existence of two sets of international procedures for handling individual petitions: the system established by the Optional Protocol to the UN Covenant on Civil and Political Rights, on the one hand, and two regional procedures within the framework of the Organization of American States, on the other.

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.

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.

Jamaica Withdraws the Right of Individual Petition under the International Covenant on Civil and Political Rights

1998 ◽  
Vol 92 (3) ◽  
pp. 563-568 ◽  
Author(s):  
Natalia Schiffrin
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Legal Protection ◽  
Political Rights ◽  
Optional Protocol ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Roll Back ◽  
Individual Petition

In October 1997, a little-noticed event took place at the United Nations that may roll back the international legal protection of human rights. Jamaica became the first country to denounce the Optional Protocol to the International Covenant on Civil and Political Rights (ICCPR), and thus withdrew the right of individual petition to the UN Human Rights Committee (Committee). Although it is provided for under the Protocol’s Article 12, no state has previously made such a denunciation.

New Wine and Old Bottles: The Changing Inter-American System

1968 ◽  
Vol 22 (2) ◽  
pp. 477-493 ◽  
Author(s):  
John C. Dreier
Keyword(s):  
Buenos Aires ◽  
The Other ◽  
Organization Of American States ◽  
Summit Meeting ◽  
American System ◽  
The Third ◽  
Major Significance ◽  
American States ◽  
The One

The year 1967 saw two inter-American conferences of major significance for the changing course of the inter-American system. One, the Third Special Inter-American Conference, held in Buenos Aires in February 1967, had as its purpose the revision of the 1948 Charter of the Organization of American States (OAS). The first conference to take such action, it culminated several years of debate over shortcomings in the OAS and ways and means of correcting them. The other principal assemblage of the year was the Meeting of American Chiefs of State at Punta del Este, Uruguay, in April. Although a regional “summit” meeting had been held in 1956, the one at Punta del Este was the first to give serious substantive consideration to major issues.

Views adopted by the Committee under article 5(4) of the Optional Protocol, concerning A.S., D.I., O.I., and G.D. V. Italy, Communication No. 3042/2017 (U.N. Hum. Rts. COMM.)

2021 ◽  
pp. 1-20
Author(s):  
Patricia Vella De Fremeaux (Mallia) ◽  
Felicity G. Attard
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Political Rights ◽  
Right To Life ◽  
Optional Protocol ◽  
Introductory Note ◽  
Protection Of Human Rights ◽  
Civil And Political Rights ◽  
The Right ◽  
Article 5

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.

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