INTERNATIONAL COVENANT

ON
CIVIL AND POLITICAL RIGHTS
 Civil and Political Rights

 Rights which the law will enforce at the instance of

individuals without discrimination for the enjoyment
of their lives, liberty and means of happiness.
 Example : freedom from torture and right to life
 This Covenant was adopted by the United Nations’
General Assembly on December 16, 1966 and entered
into force on March 23, 1976. As of April 2012, the
Covenant had 74 signatories and been ratified by 167
states. The Covenant expands on the civil and
political rights and freedoms listed in the Universal
Declaration of Human Rights
 The Covenant has two Optional Protocols; the first
Protocol establishes an individual complaints
mechanism (Aug.22,1989), and the second abolishes
the death penalty (Nov. 20,2007).
 The Covenant, and its two Optional Protocols, is part
of the International Bill of Rights, along with the
Universal Declaration of Human Rights (UDHR) and
the International Covenant on Economic, Social and
Cultural Rights (ICESCR). Article 28 of the
Covenant establishes the Human Rights Committee
(HRC), which monitors the implementation of the
Covenant.
 The Philippines signed it 3 days after it was opened
for signature on December 19, 1966, but was ratified
only on October 23, 1986.
 Art.1
Right of Self-determination

 Under this article, governments commit themselves

to recognizing and respecting all peoples’ right to
self-determination. It guarantees people the right to
freely determine their political status, and, for their
own purposes, to “freely dispose of their natural
wealth and resources” and to pursue their own
economic, social, and cultural development.
 Art.2

 Requires states to bring their laws up to speed with

the rights outlined in the Covenant, and to provide
and enforce appropriate legal remedies for any
violations, even against those acting in “official
capacity.”
 Art.3

 All rights must be equally enjoyed between men and

women.
 Art.4

 In times of “public emergency which threatens the

life of the nation,” governments may derogate from,
or limit, the rights outlined in the Covenant, but
must do so in accordance with other international
laws. Governments cannot stray from the rights and
prohibitions in articles 6 (life), 7 (torture), 8 (slavery
and forced labor), 11(debt imprisonment), 15
(retrospective law), 16 (personhood), and 18
(freedom of thought, conscience and religion).
 Art.5

 The Covenant may not be interpreted in a way that

destroys the rights ensured in the Covenant.
 Art.6

 The right to life, and its protection by law. Restricts

the use of the death penalty, and prohibits it entirely
for persons under the age of 18, pregnant women,
and for the purpose of genocide.
 Art.7

 The right to be free from torture or “cruel, inhuman,

or degrading treatment.” Prohibits non-consensual
medical and scientific experimentation.
 Art.8

 Freedom from slavery or “forced and compulsory

labor.” This does not include service as part of
criminal punishment, military service, and civil
obligations.
 Art.9

 Freedom from unlawful arrest or detention, and the right

to habeas corpus, or to appear before a judge; provides
victims the right to seek compensation.

 Anyone arrested or detained on a criminal charge shall

be brought promptly before a judge or other officer
authorized by law to exercise judicial power and shall be
entitled to trial within a reasonable time or to release. It
shall not be the general rule that persons awaiting trial
shall be detained in custody, but release may be subject
to guarantees to appear for trial, at any other stage of the
judicial proceedings, and, should occasion arise, for
execution of the judgment.
 Art.10

 Affirms the inherent dignity of the person when

deprived of liberty. Calls for separate treatment for
accused and convicted persons and for juveniles and
adults.
 Art.11

 Article 11 Freedom from imprisonment due to debt

obligations.
 Art.12 and 13

 Freedom of movement within and across national

borders.
 All deportations of lawful inhabitants must be
carried out lawfully; they have the right to appeal
and to have their case reviewed before a competent
authority.
 Art.14

 Everyone is equal before the law and is presumed

innocent until proven guilty; accused persons have
the right to a fair and speedy trial, with all decisions
made public except as concerns juveniles,
guardianship, or marital disputes. They also have the
rights to translation, to free legal assistance, to
ample time to prepare a defense, to be present
during the trial, to examine witnesses, to be
considered for pardon, and not to be tried twice for
the same crime after a judgment has been made.
 Art.15

 Cannot retroactively charge someone for an offence

when it was not designated as a crime at the time it
was committed; each person must be fairly punished
based on current law
 Art. 16 and 17

 The right to be recognized as a person before the law.

 The right to privacy and its protection before the law.

 Article 18 Freedom of thought, conscience, and
religion.
 Article 19 Freedom of opinion and expression

 Article 20 The prohibition of propaganda advocating

war or national, racial, or religious hatred.
 Article 21 The right to peaceful assembly.

 Article 22 The right to freedom of association.

 Art.23

 The right to marry and to found a family; protection

against forced marriage; equal rights between
women and men within the marriage and at the time
of its dissolution; and protection of children upon
dissolution.
 Art.24

 The rights and protection of children, including the

rights to status as minors, to a name, to be
registered, and to a nationality.
 Art.25

 The right of citizens to participate in public life, to

vote, to be elected, and to access public services.
 Art.26

 Non-discrimination clause; everyone is equal before

the law and entitled to equal protection against all
forms of discrimination.
 Art.27

 The right, for members of religious, ethnic or

linguistic minorities, to enjoy their culture, to
practice their religion, and to use their language.