International Covenants of 1966

Introduction:

 On Dec 16^th 1966, the United Nations General Assembly adopted two covenants in its Resolution 2200 A (XXI); the International Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights (ICESCR). These Covenants were enforced after adopting the Universal Declaration of Human Rights (1948). The development of this project was facing disagreement due to the different ideologies between the Capitalist and Communist States.  The Capitalist States were insisting on Liberty Rights whereas the Communist States insisted on Economical, Social and Cultural Rights. This disagreement between the States forced the General Assembly of the United Nations to write two different covenants. Both the covenants were adopted on December 16th, 1966. After 10 years of pendency, the covenants were enforced in 1976. International Covenant of Economical, Social and Cultural Rights was enforced on 3rd January 1976, whereas International Covenant on Civil and Political Rights were enforced on 23rd March 1976.

International Covenant on Economic, Social and Cultural Rights

The ICESCR is a multinational treaty adopted by the General Assembly of the United Nations. It provides individual rights, labour rights, right to health, educational rights and right to quality standard of living. This covenant is further divided into 31 Articles and is available in English, French, Spanish, Russian, Chinese languages. This covenant provides the following rights:

Right to Determine

• Article 1:

All people are given the right of self-determination including the right of determination of their political status.

Right to Equity

• Article 3:

The covenant ensures the equal right to men and women for the enjoyment of all economic, social and cultural rights.

Labor Rights

• Article 6:

The covenant recognizes everyone;

1. Right to work for livelihood;
2. Right to opportunity to gain a living by work which he freely chooses or accepts.

• Article 7:

This Article recognizes that every person shall be given the right of:

1. Minimum and fair wages to all workers;
2. Equal remuneration for an equal value of work;
3. Healthy and safe working conditions;
4. Equal opportunity for promotion;
5. It assures rest, leisure and reasonable working hours and periodically paid leaves;
6. Remuneration for public holidays.

• Article 8:

This Article ensures right to everyone of:

1. To form a trade union and join the trade union;
2. Right to strike provided it is exercised subject to laws and public order;
3. This article does not impose restrictions on the armed forces or police or state administration.

Social Rights

• Article 9:

It ensures the right to everyone for social security including social insurance.

• Article 10:

The covenant recognizes widest  protection to family as follows:

1. Marriage must be entered into with the free consent of the intending spouses;
2. Special protection shall be given to mothers during a before and after the birth of the child. During such period of span working woman shall be given paid leave;
3. Children and young persons below 18 years of age shall be protected from economic and social exploitation;
4. States should set the age limit below which the paid employment of children will be prohibited and punishable by law.

Right to Quality Standard of Living

• Article 11:

This Article ensures:

1. Right of everyone to a qualitative standard of living for himself and his family including adequate food, clothing and shelter;
2. Fundamental right of everyone to be free from hunger.

• Article 12:

This Article recognizes right to everyone:

1. Right of everyone to the enjoyment of the highest possible standard of physical and mental health;
2. Improvement of environmental and industrial hygiene;
3. Reduction of infant mortality;
4. Assurance of medical treatment and medical services.

Right to Education

• Article 13:

This article recognizes the right of everyone to education which includes;

1. Primary education should be compulsory and available free to all persons;
2. Secondary education including technical training and vocational course;
3. Higher education shall be easily accessible to all;
4. Fundamental education shall be encouraged as far as possible.

Cultural Rights

• Article 15:

It identifies the right of everyone;

1. To take part in cultural activities;
2. To take benefit from moral and material interest from any scientific, literature and artistic materials;
3. Freedom for scientific research & development and creativity.

International Covenant on Civil and Political Rights

This covenant commits parties to the civil and political rights to the individuals which include freedom of speech and experience, freedom to choose religion, right to assembly, electoral rights, right to equality. The covenant is further divided into 53 Articles and is available in English, Spanish, Russian, French and Chinese. Rights given under this covenant are as follows:

Right to Equity

• Article 3:

The present covenant promises to ensure the equal right to men and women for the enjoyment of all civil and political rights set as given further.

Right to Life

• Article 6:

1. Every human being has the inborn right to life. No person shall be deprived of his life;
2. This Article does not prohibit death punishment but ensures that death punishment shall be given only in the case of serious and heinous crimes;
3. Anyone who has been sentenced to death shall be given the right to seek an apology. Pardon or amnesty of death may be granted in all case of capital punishment;
4. The Sentence of death shall not be given to persons below 18 years of age and pregnant women.

• Article 7:

No person shall be subjected to torture or cruelty, degrading or inhuman punishment.

• Article 8:

1. All forms of slavery and the slave trade shall be restricted;
2. No one shall be held in enslavement;
3. No one shall be held to forced or compulsory labor, provided that the term “forced or compulsory” labor does not include imprisonment with hard labor.

Right to Liberty

• Article 9:

1. Everyone has the right to freedom of liberty and security. No person can be subjected to arbitrary arrest or detention;
2. No person shall be deprived of his liberty except on grounds of rules & regulations established by law;
3. Person who is being arrested shall be informed reasons for his arrest at the time of arrest;
4. Person who has been arrested unlawfully or is under detention shall have the right to compensation.

• Article 10:

All persons deprived of the freedom of liberty shall be treated with humanity and with the respect of the dignity of the human being.

Equality before Law

• Article 14:

All persons shall be equal before law and courts or tribunals.

Freedom of Speech and Expression

• Article 18:

This Article gives right to everyone of;

1. Every person shall have the right to freedom of thought, conscience and religion;
2. This right includes freedom to adopt religion or belief of his own choice;
3. Freedom to follow religion or beliefs may be subjected to restrictions imposed by law subject to the safety of people and law & order.

• Article 21:

The Article ensures the right to assemble peacefully.      

• Article 25:

1. Every person shall have the right to take part in public affairs;
2. Also to vote and to be elected at periodic elections.      

Parties of the Covenant

There are 171 countries which have signed the International Covenant on Economic, Social and Cultural Rights and 173 countries which have signed the International Covenant on Civil and Political Rights are parties of it, following are the few names of it:

Afghanistan, Albania, Algeria, Argentina, Australia, Bahamas, Bahrain, Bangladesh, Belgium, Brazil, Cambodia, Canada, China, Colombia, Cuba, Denmark, Egypt, Fiji, France, Germany, Ghana, Greece, Iceland, India, Iran, Iraq, Iceland, Italy, Jamaica, Japan, Kuwait, Maldives, Mexico, Mauritius, Nepal, Pakistan, Papua New Guinea, Portugal, Qatar, Romania, San Marino, Spain, Sri Lanka, South Africa, Switzerland, Thailand, United States of America, Viet Nam, Yemen, Zimbabwe, etc. 

Applicability of Covenants in India

In India, the National Human Rights Commission (NHRC) regulates and protects human rights. India established the National Human Rights Commission under the protection of the Human Rights Act, 1933 to comply with the principles of ICCPR. India has made certain declarations regarding the ICCPR. India has ratified Article 9 of the ICCPR with Article 22 of the Constitution of India which specifies punitive and preventive detention laws. Article 13 of the ICCPR prohibits the expulsions of resident aliens, this Article has been adopted in the domestic laws of India. 

 Indian Constitution has included the Economic, Social and Cultural Rights in Part IV stating it as Directive Principles of State Policy at the same time the Constitution guarantees the civil and political rights of the citizens. Directive principles include education, health, employment, prohibition on child labours, working conditions of labours, etc.

Conclusion

Declaration of Human Rights which protects the fundamental human rights. To safeguard the rights of people, both the Covenants established to keep an eye on the States who are bound to respect these rights. The United Nations Human Rights Committee was created as per Article 28 of ICCPR. This Committee holds three sessions per year either in Geneva or in New York. Besides that States are bound to give periodical reports every four years. Another Committee was formed The Economical, Social and Cultural Rights Committee was found as a checkpoint of implementation of the covenant. The committee holds two sessions each year in Geneva. States are bound to give periodical reports every five years. In the world, there are 173 parties to the ICCPR and 160 parties to ICESCR.

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References:

• https://www.humanium.org/en/1966-international-covenant/#:~:text=On%20December%2016th%201966%2C%20the,and%20Cultural%20Rights%20(ICESCR).
• https://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx
• https://www.ohchr.org/en/professionalinterest/pages/cescr.aspx
• Samarth Suri, Critical Analysis of Covenants of 1966, iPleaders (Jun. 25, 2020), https://blog.ipleaders.in/critical-analysis-covenants-1966/