First, under current rules of general international
law, States are free to choose their economic system. As a
matter of fact, when the United Nations adopted the
International Covenant on Civil and Political Rights in
1966, the then Socialist States were managing planned
economies under which private ownership was largely
restricted or prohibited in principle. Even nowadays not a
few States parties to the Covenant, including those
adopting marked-oriented economies, restrict or prohibit
foreigners from private ownership of immovable
properties in their territories.
returned. The Committee further encourages the
State party to review its relevant legislation to ensure
that neither the law itself nor its application is
discriminatory.
13.3 Bearing in mind that, by becoming a party to
the Optional Protocol, the State party has recognized
the competence of the Committee to determine
whether there has been a violation of the Covenant
or not and that, pursuant to article 2 of the Covenant,
the State party has undertaken to ensure to all
individuals within its territory and subject to its
jurisdiction the rights recognized in the Covenant
and to provide an effective and enforceable remedy
in case a violation has been established, the
Committee wishes to receive from the State party,
within 90 days, information about the measures
taken to give effect to the Committee's views.
Second, consequently, it is not impossible for a
State party to limit the ownership of immovable properties
in its territory to its nationals or citizens, thereby
precluding their wives or children of different nationality
or citizenship from inheriting or succeeding to those
properties. Such inheritance or succession is regulated by
rules of private international law of the States concerned,
and I am not aware of any universally recognized
"absolute right of inheritance or of succession to private
property".
APPENDIX
Third, while the International Covenant on Civil and
Political Rights enshrines the principle of nondiscrimination and equality before the law, it does not
prohibit "legitimate distinctions" based on objective and
reasonable criteria. Nor does the Covenant define or protect
economic rights as such. This means that the Human Rights
Committee should exercise utmost caution in dealing with
questions of discrimination in the economic field. For
example, restrictions or prohibitions of certain economic
rights, including the right of inheritance or succession,
which are based on nationality or citizenship, may well be
justified as legitimate distinctions.
Individual opinion submitted
by Mr. Nisuke Ando pursuant to rule 94, paragraph 3, of
the Committee’s rules of procedure,
concerning the Views of the Committee on communication
No. 586/1994,
Joseph Frank Adam v. the Czech Republic
Considering the Human Rights Committee's Views
on communication No. 586/1994, I do not oppose the
adoption by the Committee of the Views in the instant
case. However, I would like to point to the following:
Communication No. 588/1994
Submitted by: Errol Johnson [represented by counsel]
Alleged victim: The author
State party: Jamaica
Declared admissible: 22 March 1996 (fifty-sixth session)
Date of adoption of Views*: 22 March 1996 (fifty-sixth session)
Subject matter: Prolonged detention on death row of
individual under sentence of death
Article of the Optional Protocol and Rules of
Procedure: 4, paragraph 2, and rule 85
Procedural issues: n.a.
Finding: Violation [article 14, paragraphs 3 (c)
and 5; 6]
Substantive issues: Death Row Phenomenon Inhuman and degrading treatment - Respect of
due process guarantees in a capital case
1.
The author of the communication is Errol
Johnson, a Jamaican citizen who, at the time of
submission of his communication, was awaiting
execution at St. Catherine District Prison, Jamaica.
He claims to be a victim of violations by Jamaica of
articles 6, 7, 10, paragraph 1, and 14, paragraphs 1,
3 (c), (g) and 5, of the International Covenant on
Civil and Political Rights. The author is represented
by counsel. In early 1995, the offence of which the
author was convicted was classified as non-capital
Articles of the Covenant: 6, 7, 10 (1), and
14 (1), (3) (c), (g) and (5)
* Pursuant to rule 85 of the Committee's rules of
procedure, Mr. Laurel Francis did not participate in the
adoption of the Views.
126
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