It guarantees the rights of children and prohibits discrimination on any basis, such as race, sex, colour, national origin, or language. The covenant permits governments to temporarily suspend some of these rights in cases of civil emergency only, and lists those rights that cannot be suspended for any reason (this issue will be dealt with below). The ICCPR is given practical value because it also establishes the UN Human Rights Committee (HRC) to consider reports submitted by parties on the measures they have adopted that give effect to the rights set forth in the covenant. The HRC can also receive and consider communications from individuals claiming to be victims of violations of the rights set forth in the covenant, if the country under consideration has ratified the Optional Protocol, which permits such petitions.76 For the purposes of this manual, the ICCPR will be considered as the guiding treaty in establishing international human rights law. This is because all OSCE participating States have ratified it. That treaty therefore creates obligations across the OSCE region. The prominence of the ICCPR within the OSCE has been recognized by the Organization itself.77 It will, however, be interpreted also in the light of the standards identified in the European Convention on Human Rights and Fundamental Freedoms as the jurisprudence of the European Court of Human Rights has more fully developed the fundamental human rights principles. The rights in the International Covenant on Economic, Social and Cultural Rights include the: • • • • • • • • right to work; right to equal pay for equal work; right to equal opportunity for advancement; right to form and join trade unions; right to strike; right to social security; right to special protection to the family, mothers and children; right to a standard of living adequate to the health and well-being of persons and their families including food, clothing and housing; • right to education; • right to a scientific and cultural life. Like the ICCPR, the ICESCR recognizes the right of peoples to self-determination. As with all the main UN human rights treaties, each nation that has ratified the covenant is required to submit periodic reports on its implementation of the rights contained within it. Some OSCE participating States have entered reservations or interpretative declarations to particular clauses of the ICCPR and ICESCR.78 76 The status of signatures and ratifications of the First Optional Protocol may be found at http://www.ohchr.org/english/countries/ratification/5.htm. 77 Human rights “will not be subject to any restrictions except those provided for by the law and consistent with other obligations under international law, such as the International Covenant on Civil and Political Rights”, op. cit., note 6, 1990 Copenhagen Document, para. 24. 78 The list of reservations and interpretative declarations to the ICCPR and ICESCR may be found at http://ohchr. org/english/countries/ratification/4_1.htm and http://ohchr.org/english/countries/ratification/3.htm#ratifications respectively. Countering Terrorism, Protecting Human Rights 45

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