International Covenant on Civil and Political Rights

[3] It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force on 23 March 1976 after its thirty-fifth ratification or accession.

[A] As of June 2024[update], the Covenant has 174 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba;[1] North Korea is the only state that has tried to withdraw.

[5] 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.

[4] 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.

[4] Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative Civil and Political versus positive Economic, Social and Cultural Rights.

It recognises a negative right of a people not to be deprived of its means of subsistence,[12] and imposes an obligation on those parties still responsible for non-self governing and trust territories (colonies) to encourage and respect their self-determination.

[14] It also requires the rights be recognised "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,"[15] and to ensure that they are enjoyed equally by women.

Part 5 (Articles 46 – 47) clarifies that the Covenant shall not be interpreted as interfering with the operation of the United Nations or "the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources".

[21] It therefore requires parties to take positive measures to reduce infant mortality and increase life expectancy, as well as forbidding arbitrary killings by security forces.

[30] These provisions apply not just to those imprisoned as part of the criminal process, but also to those detained due to mental illness, drug addiction, or for educational or immigration purposes.

[39] Closed hearings are only permitted for reasons of privacy, justice, or national security, and judgments may only be suppressed in divorce cases or to protect the interests of children.

[44] It establishes rights to a speedy trial, to counsel, against self-incrimination, and for the accused to be present and call and examine witnesses.

[46] One exception is criminal proceedings held for violations of peremptory norms (jus cogens) under customary international law,[47] such as genocide, slavery, torture, and wars of aggression.

[48] Article 12 guarantees freedom of movement, including the right of persons to choose their residence, to leave and return to a country.

[64] Article 27 mandates the rights of ethnic, religious and linguistic minority to enjoy their own culture, to profess their own religion, and to use their own language.

In contrast, Article 26 contains a revolutionary norm by providing an autonomous equality principle which is not dependent upon another right under the convention being infringed.

[69] Argentina will apply the fair trial rights guaranteed in its constitution to the prosecution of those accused of violating the general law of nations.

[1] Australia reserves the right to progressively implement the prison standards of Article 10, to compensate for miscarriages of justice by administrative means rather than through the courts, and interprets the prohibition on racial incitement as being subject to the freedoms of expression, association and assembly.

[1] Bahrain interprets Articles 3 (no sexual discrimination), 18 (freedom of religion) and 23 (family rights) within the context of Islamic Sharia law.

[1] Bangladesh reserves the right to try people in absentia where they are fugitives from justice and declares that resource constraints mean that it cannot necessarily segregate prisons or provide counsel for accused persons.

[1] Belgium interprets the freedoms of speech, assembly and association in a manner consistent with the European Convention on Human Rights.

[1] Belize reserves the right not to compensate for miscarriages of justice, due to problems with implementation, and does not plan to provide free legal counsel for the same reasons as above.

[1] Congo, as per the Congolese Code of Civil, Commercial, Administrative and Financial Procedure, in matters of private law, decisions or orders emanating from conciliation proceedings may be enforced through imprisonment for debt.

[70] The International Covenant on Civil and Political Rights has 167 states parties, 67 by signature and ratification, and the remainder by accession or succession.

[81] In Victoria and the Australian Capital Territory, the convention can be used by a plaintiff or defendant who invokes those jurisdiction's human rights charters.

[82] While the Convention cannot be used to overturn a Victorian or ACT law, a Court can issue a 'declaration of incompatibility' that requires the relevant Attorney-General to respond in Parliament within a set time period.

[85] Efforts to implement a similar Charter at the national level have been frustrated and Australia's Constitution may prevent conferring the 'declaration' power on federal judges.

A group of Buddhist monks had stormed the author's workplace demanding punitive action against him after the story first appeared on Facebook; the ICCPR prohibits "advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence".

[94] Where a treaty or covenant is not self-executing, and where Congress has not acted to implement the agreement with legislation, no private right of action within the US judicial system is created by ratification.

International Covenant on Civil and Political Rights