PART 1: Overview of the Human Rights Committee and the Committee Against Torture
and 10 often occur in conjunction with other ICCPR violations. In particular,
the following rights are often simultaneously violated:
– Article 6: The right to life.
– Article 9: Freedom from arbitrary detention and right to security of
the person.
– Article 14: The right to a fair trial.
– Article 2(1) and 26: Freedom from discrimination.
The substantive meaning of Article 7 is discussed in Part III of this Handbook.
In addition to the substantive rights in the ICCPR, there are important “supporting
guarantees” in Part II of the treaty. In particular, Article 2 states:
1.
Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction
the rights recognized in the present Covenant, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
2. Where not already provided for by existing legislative or other measures,
each State Party to the present Covenant undertakes to take the necessary
steps, in accordance with its constitutional processes and with the provisions of the present Covenant, to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the
present Covenant.
3. Each State Party to the present Covenant undertakes:
To ensure that any person whose rights or freedoms as herein recognized
are violated shall have an effective remedy, notwithstanding that the
violation has been committed by persons acting in an official capacity;
To ensure that any person claiming such a remedy shall have his right
thereto determined by competent judicial, administrative or legislative
authorities, or by any other competent authority provided for by the legal
system of the State, and to develop the possibilities of judicial remedy;
To ensure that the competent authorities shall enforce such remedies
when granted.
States parties must therefore:
– Immediately guarantee the enjoyment of rights in the ICCPR for people
“within its territory and jurisdiction”26 without discrimination.
26
See Section 2.1.1(b)(iii).
31
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