Defining Civil and Political Rights by Alex Conte

By Alex Conte

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13 (2004), para 5. 14 See further Chapter 3 herein. Introduction  Obligations of States Parties The General Nature of ICCPR Obligations Under article 2(1) of the Covenant, States parties assume the following obligation:15 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 recognised 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.

Neither the work for nor the publication price of the present book has been subsidized by any official source or private foundation.  A s mentioned in the Preface to this title, its focus is limited to an examination of the Committee’s decisions (technically referred to as ‘views’), and its General Comments on the application and interpretation of the substantive rights and freedoms set out in Parts I and II of the Covenant. A ttention is paid to these two areas of the Committee’s work in a manner which examines the meaning of rights and freedoms, rather than focusing upon communications against any one State party, or upon observations and conclusions on State party reports under article 40 of the ICCPR.

27 This broad prohibition is supported by the more specific prohibition of discrimination between men and women in the enjoyment of all civil and political rights set out in article 3 of the ICCPR. 28 Under article 2(2) States are also required to take the necessary legislative or other measures to give effect in their domestic law to the rights recognized in the ICCPR. 29 This, of course, raises some constitutional difficulties in States such as the United Kingdom and New Zealand where the concept of constitutional entrenchment is, in a formal sense, unknown.

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