Compendium of Standards, Good Practices and Recommendations
Several of these international mechanisms are discussed in more detail in other chapters of
this compendium. This introductory chapter concludes with an overview of two major UN
treaties, the ICCPR and ICESCR, as well as the major regional human rights treaty relevant to
most OSCE participating States, the ECHR. Given that a number of OSCE participating States
are European Union Member States, this chapter also includes an overview of fundamental
rights provided by the Treaty of the European Union.
International Covenant on Civil and Political Rights74
States Parties to the ICCPR are under an obligation to respect and ensure to everyone within
their territory and subject to their jurisdiction the rights recognized in the Covenant, without
distinction of any kind.75 To fulfil this obligation, States Parties commit to take the necessary steps
and adopt any laws or other measures to give effect to these rights.76 States also undertake to
ensure that any person whose Covenant rights or freedoms are violated will have an effective
remedy, notwithstanding that the violation has been committed by persons acting in an official
capacity.77 States Parties must further ensure that those persons claiming a remedy will have their
right to such a remedy determined by competent judicial, administrative or legislative authorities,
or by any other competent authority provided for by the legal system of the state. They
undertake to develop the possibilities of judicial remedy.78 Finally, states are obligated to ensure
that the competent authorities will enforce such remedies when granted.79
The Human Rights Committee set up under the ICCPR monitors measures adopted by States
Parties in implementing their obligations under the Covenant.80 The Committee is comprised of 18
experts “of high moral character and recognized competence in the field of human rights”, elected
by States Parties.81
States Parties are required to submit a report to the Secretary-General of the United Nations (UN),
for consideration by the Committee, on the various measures adopted to meet the objectives of
the Covenant.82 States Parties are required to do this within one year of the Covenant entering
into force in a particular State Party and, thereafter, when the Committee so requests.83 It is also
possible for a State Party to refer another State Party to the Committee if it believes that the
State Party is not giving effect to the provisions of the Convention.84
74
Ratified by 56 OSCE participating States (all, but the Holy See).
75
ICCPR, op. cit., note 16, Art. 2(1).
76
Ibid., Art. 2(2).
77
Ibid., Art. 2(3)(a).
78
Ibid., Art. 2(3)(b).
79
Ibid., Art. 2(3)(c).
80
Ibid., Art. 28(1) and Art. 40.
81
Ibid., Arts. 28-32.
82
Ibid., Art. 40.
83
Ibid.
84
Ibid., Art. 41. The Committee may only take action if the state party being reported has made a declaration
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