ORIGIN:

Concept of Human Right

The concept of Human Rights, means the minimum right of an individual verses his
own state is as old as political philosophy since from ancient time it is clear Human
Right concept is as old as doctrine of ‘natural rights’ which founded by natural Law
the expression human rights’ is of recent origin which was emerging after the end of
the second world war.

Conventions on Human Rights 1

The conventions on Human Rights are popularly known as “International Bill of

Human Rights” The

UDHR was adopted and proclaimed by the General Assembly of the United Nations
on 10 December 1948. The commission on Human Rights at its second session From
2 to 17 December 1947 established three working groups. First on the declaration,
Second on the covenant and third on the implementation. The Universal Declaration
consists of Preamble as noted above and 30 Articles covering both civil and political
rights and economic, social and cultural rights. In the preamble which refers to the
faith in fundamental human right in dignity and worth of the human person and the
equal rights of men and women because they considered, and rightly too, it to be the
“foundation of freedom, justice and peace in the world”.

The rights proclaimed in the universal declaration of human right may be classified
into four category. This “International bill of human rights” which comprises of the
following :-

1. a) The universal declaration of human rights, 1948 (UDHR).

2. b) The international covenant on civil and political rights, 1966 (ICCPR).
3. c) The international covenant on economic, social and cultural rights, 1966
(ICESCR).

1https://treaties.un.org/doc/publication/unts/volume%20999/volume-999-i-14668-
english.pdf
 4. d) The optional protocol to the international covenant on civil and political
right, 1966.

The enactment of two different covenants in 1966 marks the era of water-tight
compartmentalization of rights viz, civil & political rights on one hand and economic,
social and cultural right on other hand. It appears that this a welcome step in the
further progress of civilization in the 20 grace of human civilization.

ORIGIN & BASIS:

The ICCPR has its roots in the same process that led to the Universal Declaration of
Human Rights.[4] A "Declaration on the Essential Rights of Man" had been proposed
at the 1945 San Francisco Conference which led to the founding of the United
Nations, and the Economic and Social Council was given the task of drafting
it.[3] Early on in the process, the document was split into a declaration setting forth
general principles of human rights, and a convention or covenant containing binding
commitments. The former evolved into the UDHR and was adopted on 10 December
1948.[3]

The Universal Declaration of Human Rights is not legally binding on states

parties.[16] To codify the rights embodied in the UDHR, two treaties would be
created: the International Covenant on Civil and Political Rights (“ICCPR”) and the
International Covenant on Economic, Social and Cultural Rights (“ICESCR”). These
two documents would form the basis of the International Bill of Human Rights. In
1950, the General Assembly declared “the enjoyment of civil and political freedoms
and of economic, social and cultural rights are interconnected and
interdependent.”[17] The Human Rights Commission completed preparation of the
draft of the ICCPR at its ninth and tenth sessions, in 1953 and 1954.[18]

On December 16, 1966, the United Nations General Assembly unanimously adopted
the ICCPR.[19] The ICCPR took ten years to enter into force on March 23,
1976.[20]Currently, as of 2015, there are seventy-four signatories and one hundred
sixty-eight parties to the Covenant.[21]
What are ‘civil and political rights’?

Human rights are commonly divided into ‘civil and political rights’ and ‘economic,
social and cultural rights’. Civil and political rights protect individuals’ freedom from
interference by the State and make sure that everyone can take part in civil society.
They include freedom of speech, freedom of assembly and the right not to be tortured.

Economic, social and cultural rights protect the basic necessities for life which
includes the rights to food and water, to have a roof over your head, and to adequate
healthcare. In this post, we’re looking at civil and political rights under the ICCPR.

The United Nations International Covenant of Civil and Political Rights (ICCPR)
attempts to ensure the protection of civil and political rights. It was adopted by the
United Nations’ General Assembly on December 19, 1966, and it came into force on
March 23, 1976. The International Covenant on Economic Social and Cultural Rights,
the Universal Declaration of Human Rights, and the ICCPR and its two Optional
Protocols, are collectively known as the International Bill of Rights.

PURPOSE:

The ICCPR recognizes the inherent dignity of each individual and undertakes to
promote conditions within states to allow the enjoyment of civil and political rights.
Countries that have ratified the Covenant are obligated “to protect and preserve basic
human rights… [and] “compel[ed] to take administrative, judicial, and legislative
measures in order to protect the rights enshrined in the treaty and to provide an
effective remedy.” There are currently 74 signatories and 168 parties to the ICCPR.

OPTIONAL PROTOCOLS2:

There are two Optional Protocols to the Covenant. The First Optional
Protocol establishes an individual complaints mechanism, allowing individuals to

2
https://en.wikipedia.org/wiki/First_Optional_Protocol_to_the_International_Covenant_on_Civil_a
nd_Political_Rights
complain to the Human Rights Committee about violations of the Covenant.[66] This
has led to the creation of a complex jurisprudence on the interpretation and
implementation of the Covenant. As of July 2013, the First Optional Protocol has 116
parties.[67]

The Second Optional Protocol abolishes the death penalty; however, countries were
permitted to make a reservation allowing for use of death penalty for the most serious
crimes of a military nature, committed during wartime.[68] As of December 2017, the
Second Optional Protocol had 85 parties.[69]

ICCPR rights are fundamental to enabling people to enjoy a broad range of

human rights, including those relating to:

 freedom from torture and other cruel, inhuman or degrading treatment

or punishment
 freedom from slavery and forced labour
 arrest, detention and imprisonment
 movement into, within and out of a state
 treatment by the judicial process
 privacy, home and family life
 freedom of thought, religion and expression
 peaceful assembly
 freedom of association, including through trade unions
 marriage and the rights of children
 political participation, and
 equality and non-discrimination.

RELEVANCE IN INDIA:

Many of the Civil & Political Rights enumerated (contained) in the International
Covenant on Political and Civil Rights 1966 are also mentioned in Part III of the
Constitution as Fundamental Rights. Such :-

Preamble : The keystone of this Covenant 1966 are the charter provisions concerning
the Human rights and the UDHR, 1948, which is rightly reckoned as the mine from
all instruments on human rights have quarried
INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
[ICCPR] & THE CONSTITUTION OF INDIA 3

Certain rights enshrined in ICCPR are specifically enumerated in the Constitution of

India while certain few of them are not. Following tabular list would make it aptly
clear:-

CONSTITUTION OF
RIGHTS ICCPR
INDIA
Art. 6(1) &
Right to life and personal liberty Art. 21
9(1)
Prohibition of traffic in human beings and
Art. 8(3) Art. 23
forced labour
Protection against arrest detention in certain Art. 9(2) & (3)
Art. 22
cases & (4)
Right to movement Art. 12(1) Art. 19(1)(d)
Right to equality Art. 14(1) Art. 14
Protection against self-incrimination Art. 14(3)(g) Art. 20(3)
Protection against double-jeopardy Art. 14(7) Art. 20(2)
Protection against ex-post facto law Art.15(1) Art. 20(1)
Freedom of conscience and free profession,
Art.18(1) Art. 25
practice and propagation of religion
Right of expression of thoughts and feelings Art. 19(1) &
Art. 19(1)(a)
using spoken language. (2)
Right to assemble peaceably and without arms Art. 21 Art. 19(1)(b)
Art.
Right to form associations or unions Art. 19(1)(c)
22(1)
Right to equality of opportunity in matters of public Art.
Art. 16(1)
employment 25(c)
Government is prohibited from making Law which Art. 14 &
Art. 26
discrimination of its citizens. 15(1)

3 http://shodhganga.inflibnet.ac.in/bitstream/10603/34296/11/11_chapter%20iv.pdf
Protection of interests of minorities and right of minorities to
Art. 27 Art. 29 & 30
establish and administer educational institutions

JUDICIAL PRONOUNCEMENTS & ICCPR

Certain rights which are though not specifically enumerated in PART III of the
Constitution of India are still fundamental rights of the Constitution by way of judicial
pronouncements. Notably, some of these creatures of statutory interpretation are also
reflected in the ICCPR.

1. Right to travel abroad U/A. 21 to COI – Article 12(2) of ICCPR

2. Right to Privacy U/A. 21 to COI – Article 17(1) of ICCPR

3. Right to fair trial U/A. 21 to COI – Not specifically found in ICCPR

4. Right to human dignity U/A. 21 to COI – Art. 10(1) ICCPR

5. Right to information

6. Right to Education