International Covenant on Civil and Political Rights: Difference between revisions
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The '''{{FULLPAGENAME}}''' (ICCPR) is a multilateral treaty that commits states parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.<ref>{{REFweb | The '''{{FULLPAGENAME}}''' (ICCPR) is a multilateral treaty that commits states parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial.<ref name="iccpr1966>{{REFweb | ||
|url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights | |url=https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights | ||
|title=International Covenant on Civil and Political Rights | |title=International Covenant on Civil and Political Rights | ||
| Line 5: | Line 5: | ||
|date=1976-03-23 | |date=1976-03-23 | ||
|accessdate=2022-04-11 | |accessdate=2022-04-11 | ||
}}</ref> It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. (Article 49 allowed that the covenant would enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession.) As of September 2019, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of China and Cuba;<ref>{{REFweb | }}</ref> It was adopted by United Nations General Assembly Resolution 2200A (XXI) on 16 December 1966 and entered into force 23 March 1976 after its thirty-fifth ratification or accession. (Article 49 allowed that the covenant would enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession.) As of September 2019, the Covenant has 173 parties and six more signatories without ratification, most notably the People's Republic of [[China]] and Cuba;<ref>{{REFweb | ||
|url=https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&clang=_en | |url=https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-4&chapter=4&clang=_en | ||
|title=UN Treaty Collection - International Covenant on Civil and Political Rights: Status of ratification | |title=UN Treaty Collection - International Covenant on Civil and Political Rights: Status of ratification | ||
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}}</ref> North Korea is the only state that has tried to withdraw.<ref name="WP">{{URLwikipedia|International_Covenant_on_Civil_and_Political_Rights|International Covenant on Civil and Political Rights|2022-04-11}}</ref> | }}</ref> North Korea is the only state that has tried to withdraw.<ref name="WP">{{URLwikipedia|International_Covenant_on_Civil_and_Political_Rights|International Covenant on Civil and Political Rights|2022-04-11}}</ref> | ||
The ICCPR is considered a seminal document in the history of international law and [[human rights]], forming part of the ''International Bill of Human Rights'', along with the ''International Covenant on Economic, Social and Cultural Rights'' (ICESCR) and the ''Universal Declaration of Human Rights'' (UDHR).<ref>{{REFweb | The ICCPR is considered a seminal document in the history of international law and [[human rights]], forming part of the ''International Bill of Human Rights'', along with the ''International Covenant on Economic, Social and Cultural Rights'' (ICESCR) and the ''[[Universal Declaration of Human Rights]]'' (UDHR).<ref>{{REFweb | ||
|url=https://web.archive.org/web/20080313093428/http://www.unhchr.ch/html/menu6/2/fs2.htm | |url=https://web.archive.org/web/20080313093428/http://www.unhchr.ch/html/menu6/2/fs2.htm | ||
|archived=yes | |archived=yes | ||
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Compliance with the ICCPR is monitored by the ''United Nations Human Rights Committee'' (not to be confused with the ''United Nations Human Rights Council''), which reviews regular reports of states parties on how the rights are being implemented. States must report one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets at the UN Office at Geneva, Switzerland and typically holds three sessions per year.<ref name="WP"/> | Compliance with the ICCPR is monitored by the ''United Nations Human Rights Committee'' (not to be confused with the ''United Nations Human Rights Council''), which reviews regular reports of states parties on how the rights are being implemented. States must report one year after acceding to the Covenant and then whenever the Committee requests (usually every four years). The Committee normally meets at the UN Office at Geneva, Switzerland and typically holds three sessions per year.<ref name="WP"/> | ||
The [[United States of America]] has been a state-party to the ICCPR since 8 June 1992. | |||
== Application of the ICCPR to non-therapeutic circumcision of children == | == Application of the ICCPR to non-therapeutic circumcision of children == | ||
Articles 1, 2, 7, 9, and 24 are applicable to male and female non-therapeutic circumcision of children. | The ICCPR protects male and female, young and old, without exception. There is no minimum age. | ||
Articles 1, 2, 7, 9, and 24 are applicable to male and female non-therapeutic [[circumcision]] of children. Each nation that is a state-party under the ICCPR, which took effect in 1976, pledges to enforce those rights for its citizens. | |||
=== Article one === | === Article one === | ||
Article one provides in part: | Article one provides in part: | ||
1. All peoples have the right of self-determination, | 1. All peoples have the right of self-determination, "By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development. | ||
''IntactiWiki non-binding comment:'' | ''IntactiWiki non-binding comment:'' | ||
| Line 47: | Line 51: | ||
''IntactiWiki non-binding comment:'' | ''IntactiWiki non-binding comment:'' | ||
: Non-therapeutic circumcision of children is cruel because it permanently deprives the victim of the optimum sexual function and pleasure for all of his life. It is degrading because it amputates a portion of the penis and renders it less functional. | : Non-therapeutic [[circumcision]] of children is cruel because it permanently deprives the victim of the optimum [[Sexual injury of circumcision| sexual function]] and [[body pleasure| pleasure]] for all of his life. It is degrading because it [[amputation| amputates]] a portion of the [[penis]] and renders it less functional. | ||
=== Article nine === | === Article nine === | ||
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''IntactiWiki non-binding comment:'' | ''IntactiWiki non-binding comment:'' | ||
: Security of person is the right to bodily integrity. Bodily integrity is compromised when part of the penis is amputated, so non-therapeutic circumcision of non-consenting children violates this provision of international law. | : Security of person is the right to bodily integrity. Bodily integrity is compromised when part of the [[penis]] is amputated, so non-therapeutic [[circumcision]] of non-consenting children violates this provision of international law. | ||
=== Article twenty-four === | === Article twenty-four === | ||
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''IntactiWiki non-binding comment:'' | ''IntactiWiki non-binding comment:'' | ||
: When a child is denied protection from harmful, tissue-removing, non-therapeutic circumcision, this right is violated. | : When a child is denied protection from harmful, tissue-removing, non-therapeutic [[circumcision]], this right is violated. | ||
== Application in the United States == | |||
Article Six of the Constitution of the United States provides in part. "...all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." | |||
The [[ICCPR]] is a multilateral international treaty and is a part of international law. Treaties are superior law to ordinary domestic law, because they contain various commitments made by each state-party. When there is a conflict between domestic law and international treaty law, the treaty law is supreme while the domestic law which is in conflict is without force or effect, or in other words, is nullified.<ref>{{REFdocument | The [[ICCPR]] is a multilateral international treaty and is a part of international law. Treaties are superior law to ordinary domestic law, because they contain various commitments made by each state-party. When there is a conflict between domestic law and international treaty law, the treaty law is supreme while the domestic law which is in conflict is without force or effect, or in other words, is nullified.<ref>{{REFdocument | ||
|url=https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf | |url=https://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf | ||
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|accessdate=2022-04-12 | |accessdate=2022-04-12 | ||
}}</ref> Most nations are a state-party to the Vienna Convention on the Law of Treaties. | }}</ref> Most nations are a state-party to the Vienna Convention on the Law of Treaties. | ||
{{SEEALSO}} | |||
* [[Ethics of non-therapeutic child circumcision]] | |||
{{LINKS}} | {{LINKS}} | ||
* {{REFdocument | * {{REFdocument | ||
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[[Category:Human rights]] | [[Category:Human rights]] | ||
[[Category:Medical ethics]] | |||
[[Category:Law: UN]] | [[Category:Law: UN]] | ||
[[Category:Parental information]] | [[Category:Parental information]] | ||
[[de:Internationaler Pakt über bürgerliche und politische Rechte]] | [[de:Internationaler Pakt über bürgerliche und politische Rechte]] | ||