The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary

Overview

"Now in its second edition, this book provides a comprehensive collation and analysis of the jurisprudence of the Human Rights Committee, the monitoring body established under the ICCPR. The substantive articles of the ICCPR, as well as the admissibility provisions of the First Optional Protocol, are analysed, incorporating excerpts from decisions arising from individual communications under the First Optional Protocol, as well as relevant General Comments and Concluding Observations on States parties. Decisions under other United Nations
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The International Covenant on Civil and Political Rights: Cases, Materials, and Commentary

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Overview

"Now in its second edition, this book provides a comprehensive collation and analysis of the jurisprudence of the Human Rights Committee, the monitoring body established under the ICCPR. The substantive articles of the ICCPR, as well as the admissibility provisions of the First Optional Protocol, are analysed, incorporating excerpts from decisions arising from individual communications under the First Optional Protocol, as well as relevant General Comments and Concluding Observations on States parties. Decisions under other United Nations treaties, such as the International Convention on the Elimination of All Forms of Racial Discrimination, are also extracted to highlight complementary UN human rights jurisprudence." Comprehensively indexed and cross-referenced, this book offers ready access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.
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Editorial Reviews

From the Publisher
Review(s) from previous edition

"a seminal work which will be of enormous interest to the human rights community..."
—Commonwealth Lawyer

"... a very useful first stop in finding the basic jurisprudence on the protection of civil and political rights under the treaties adopted under the auspices of the United Nations."
—Urfan Khaliq, Tolley's Communications Law

"The publication makes a most creditable contribution to systematising and making accessible the work of the Human Rights Committee in the exercise of its various functions ...With its timely collation of the jurisprudence of the Human Rights Committee, it stands alone in the human rights literature."
—Australian Year Book of International Law

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Product Details

  • ISBN-13: 9780199641949
  • Publisher: Oxford University Press
  • Publication date: 9/15/2013
  • Edition number: 3
  • Pages: 1056
  • Product dimensions: 6.80 (w) x 9.80 (h) x 2.50 (d)

Meet the Author

Sarah Joseph, Director, Castan Centre for Human Rights Law, Monash University, Melbourne, Melissa Castan, Senior Lecturer in Law, Monash University, Melbourne

Sarah Joseph is Professor of Human Rights Law and Director of the Castan Centre for Human Rights Law at Monash University in Melbourne. She has numerous publications on human rights, in areas such as the International Covenant on Civil and Political Rights, corporations and human rights, terrorism and human rights, self-determination, and now global trade and human rights. She is also an expert on Australian constitutional law, having co-written a leading text on that issue. She has taught human rights in many settings, both international and local, for over 15 years.

Melissa Castan is a Senior Lecturer and Deputy Director for the Castan Centre for Human Rights Law. Her teaching and research interests are Constitutional Law, Indigenous Legal Issues and Legal Education. She is co-author, with Professor Sarah Joseph, of Federal Constitutional Law: A Contemporary View (2006).

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Table of Contents

1 Introduction 3
2 The 'Ratione Temporis' rule 55
3 The 'victim' requirement 64
4 Territorial and jurisdictional limits 83
5 Consideration under another international procedure 97
6 Exhaustion of domestic remedies 105
7 Right of self-determination - article 1 141
8 The right to life - article 6 154
9 Freedom from torture and rights to humane treatment - articles 7 and 10 194
10 Miscellaneous rights - articles 8, 11, and 16 294
11 Freedom from arbitrary detention - article 9 303
12 Freedom of movement - article 12 348
13 Procedural rights against expulsion - article 13 377
14 Right to a fair trial - article 14 388
15 Prohibition of retroactive criminal laws - article 15 462
16 Right to privacy - article 17 476
17 Freedom of thought, conscience, and religion - article 18 501
18 Freedom of expression - articles 19 and 20 517
19 Freedoms of assembly and association - articles 21 and 22 568
20 Protection of the family - article 23 585
21 Protection of children - article 24 622
22 Rights of political participation - article 25 650
23 Rights of non-discrimination - articles 2(1), 3, and 26 679
24 Minority rights - article 27 752
25 Reservations, denunciations, succession, and derogations 797
App. A International Covenant on Civil and Political Rights 837
App. B First Optional Protocol to the International Covenant on Civil and Political Rights 855
App. C Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty 859
App. D States parties to the International Covenant on Civil and Political Rights 863
App. E States parties to the First Optional Protocol to the International Covenant on Civil and Political Rights 867
App. F States parties to the Second Optional Protocol to the International Covenant on Civil and Political Rights 871
App. G States which have made the declaration under article 41 of the covenant 873
App. H Members of the Human Rights Committee (past and present) 875
App. I Optional protocol cases 877
App. J General comments of the Human Rights Committee 905
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