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The Human Rights Committee : Its Role in the Development of the International Covenant on Civil and Political Rights - Dominic McGoldrick

The Human Rights Committee

Its Role in the Development of the International Covenant on Civil and Political Rights

Paperback

Published: 28th April 1994
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The Human Rights Committee is charged with the task of monitoring the implementation of the International Covenant on Civil and Political Rights. Since its inception it has arguably become the most important independent international human rights body in the world. Through the consideration of State Reports, from over half of the world community, and the examination of communications submitted by individuals (under the Optional Protocol to the Covenant), the Human Rights Committee seeks to establish a universal human rights jurisprudence. This book analyses the institutional characteristics of the Human Rights Committee, how it has developed its practices and procedures under the Covenant and the Optional Protocol, and analyses the jurisprudence of the Committee under selected key articles of the Covenant.

`It is without doubt a very important piece of research ... The monograph makes a significant and extremely detailed contribution to the literature on the Human Rights Committee. It is a monumental achievement ... This work will never reach the reviewer's bookshelf - it will be on his desk permanently for constant reference.' P.R. Ghandi, The British Year Book of International Law 1991 `this is undoubtedly the most thorough and up-to-date survey of the activities of the body which monitors compliance with the provisions of the Covenant by States parties, the Human Rights Committee ... The book is thorough, and the author is to be commended for his efforts to research painstakingly the periodic reports submitted to the Committee.' International and Comparative Law Quarterly `This book is very, very good. As education and publicity about human rights are two of the most effective means to protect human rights, this book may be as important a means of protection of those rights as the Human Rights Committee itself ... The vast amount of research undertaken ... Despite this, the text is easy to read, well-presented and interesting ... Every law library must buy a copy of this book and every person interested in human rights would benefit greatly from reading it. It is worth it.' Cambridge Law Journal 'this is undoubtedly the most thorough and up-to-date survey of the activities of the body which monitors compliance with the provisions of the Covenant by States parties, the Human Rights Committee ... The book is thorough, and the author is to be commended for his efforts to research painstakingly the periodic reports submitted to the Committee.' International and Comparative Law Quarterly 'Dr McGoldrick's long study of the Committee gives a thorough and balanced account of how the Committee has engineered its victories and why it has faced its defeats ... I have already had occasion to make considerable use of the book and have found that its clear and comprehensive treatment of the law and its excellent arrangement, tables and index make it a very valuable addition to the literature.' Colin Warbrick, University of Durham, International Affairs, Volume 68, Number 1, January 1992 `McGoldrick's book ... is the most comprehensive treatise on the Human Rights Committee in the English language ... McGoldrick has presented a most useful, comprehensive and carefully researched book.' Interights Bulletin `un indispensable instrument de consultation et de recherche.' Le Monde Diplomatique `This detailed and useful reference work illustrates not only how human rights jurisprudence is formed but also the wide spectrum of life it touches upon.' British Book News `McGoldrick's study is based on an enormous amount of material. The many tables of references, notes, bibliography and index on keywords contribute to making the topic easily accessible.' Netherlands International Law Review `An excellent text for students, practitioners, law teachers.' Paula M. Pevato, SOAS `'This book is a definite study of the committee...It contains a mine of information. The articlewise commentary on the Covenant makes it an indispensable source of reference...this book can provide considerable help to courts and jurists in the interpretation of the rights.'' Economic and Political Weekly

Table of Casesp. xiii
Table of Agreements, Charters, Committees, Conventions, Declarations, Resolutions, Treatiesp. xxiv
Table of Statutesp. xxvii
Table of Abbreviationsp. xl
Annual Reports on the Human Rights Committeep. xliv
States Parties to the International Covenant on Civil and Political Rightsp. xlv
Introduction to Paperback Editionp. xlvii
Introductionp. 1
The Origins, Drafting, and Significance of the International Covenant on Civil and Political Rightsp. 3
Originsp. 3
Draftingp. 4
One Covenant or Twop. 11
Progressive or Immediate Obligationsp. 12
International Measures of Implementationp. 13
Self-Determinationp. 14
The Territorial (Colonial) Clause, the Federal Clause, Reservationsp. 16
The Positions of the Superpowersp. 16
An Outline of the ICCPRp. 18
The Significance of the ICCPR in International Lawp. 20
The Human Rights Committeep. 44
Introductionp. 44
Membershipp. 44
Electionp. 45
Organization of Workp. 47
Functionsp. 50
Relations with the Secretariatp. 51
The Status of the Human Rights Committeep. 52
The Nature of the Human Rights Committeep. 53
The System of Periodic Reportingp. 62
Introductionp. 62
The National Reportsp. 63
The initial reportsp. 63
Supplementary (or Additional) reportsp. 64
Periodic reportsp. 66
The periodicity of reportsp. 67
The Submission of Reportsp. 71
Sources of Informationp. 74
The Process of Consideration: Initial and Supplementary Reportsp. 79
The first roundp. 80
The second roundp. 81
The Process of Consideration: Periodic Reportsp. 85
Second periodic reportsp. 85
Third periodic reportsp. 88
The Committee's Jurisdiction under Article 40p. 89
The Role of the ECOSOCp. 96
The Annual Report of the HRC to the General Assemblyp. 97
Appraisalp. 98
The Optional Protocol to the ICCPRp. 120
Introductionp. 120
The Origins, Drafting, and Significance of the Optional Protocol to the ICCPRp. 121
The Structure and Terms of the OP to the ICCPRp. 124
Status of the OP; Status of Communications under the OPp. 126
The Procedural Functioning of the OPp. 127
The receipt and transmission of communicationsp. 127
General provisions regarding the consideration of communicationsp. 130
Access to the HRCp. 132
Legal representation and legal aidp. 134
The determination of admissibility: proceduresp. 134
The consideration of communications on the merits: proceduresp. 141
Evidencep. 143
Final views under the OPp. 150
The Interpretation and Application of the OPp. 156
The function of the HRC under the OPp. 156
The interpretation of the ICCPR and the OPp. 158
Incompatibility with the provisions of the Covenantp. 160
The same matter is not being examined under another procedure of the international investigation or settlementp. 182
The individual has exhausted all available domestic remediesp. 187
Abuse of the right of submissionp. 197
Anonymous communicationsp. 197
The Optional Protocol: Significance, Appraisal, and Prospectsp. 198
The status of the individualp. 198
The HRC under the OPp. 198
The effectiveness of the OP for individualsp. 202
Article 1p. 247
Introductionp. 247
Article 1 under the Reporting Processp. 249
Article 1(1)p. 249
Article 1(2)p. 250
Article 1(3)p. 251
Article 1 under the Optional Protocolp. 254
Appraisalp. 256
Article 2p. 269
Introductionp. 269
Article 2 under the Reporting Processp. 270
Article 2(1)p. 270
Article 2(2)p. 272
Article 2(3)p. 279
Article 2 under the Optional Protocolp. 281
Article 2(1)p. 281
Article 2(2)p. 285
Article 2(3)p. 285
Appraisalp. 287
Article 4p. 301
Introductionp. 301
Article 4 under the Reporting Processp. 302
Article 4(1)p. 302
Article 4(2)p. 306
Article 4(3)p. 307
The United Kingdom and Article 4p. 308
Article 4 under the Optional Protocolp. 311
Appraisalp. 314
Article 6p. 328
Introductionp. 328
Article 6 under the Reporting Processp. 329
Article 6 under the Optional Protocolp. 336
Appraisalp. 346
Article 7p. 362
Introductionp. 362
Article 7 under the Reporting Processp. 362
Articles 7 and 10 under the Optional Protocolp. 367
Appraisalp. 380
Article 14p. 395
Introductionp. 396
Article 14 under the Reporting Processp. 396
Article 14(1)p. 396
Article 14(2)p. 403
Article 14(3)p. 405
Article 14(4)p. 410
Article 14(5)p. 411
Article 14(6)p. 412
Article 14(7)p. 412
Article 14 under the Optional Protocolp. 413
Introductionp. 413
The scope of article 14p. 414
Fair hearing: competent, independent, and impartial tribunalp. 416
Equality before courts and tribunalsp. 418
Public hearing and public judgmentp. 418
Article 14(2)p. 419
Article 14(3)(a)p. 420
Article 14(3)(b)p. 421
Article 14(3)(c)p. 422
Article 14(3)(d)p. 425
Article 14(3)(e)p. 429
Article 14(3)(f)p. 429
Article 14(3)(g)p. 429
Article 14(4)p. 430
Article 14(5)p. 430
Article 14(6)p. 434
Article 14(7)p. 435
Appraisalp. 437
Article 19p. 459
Introductionp. 459
Article 19 under the Reporting Processp. 460
Article 19(1)p. 460
Article 19(2), (3)p. 461
Article 19 under the Optional Protocolp. 465
Appraisalp. 469
Article 20p. 480
Introductionp. 480
Article 20 under the Reporting Processp. 480
Article 20(1)p. 481
Article 20(2)p. 483
The General Comment on Article 20p. 484
Article 20 under the Optional Protocolp. 490
Appraisalp. 491
Appraisal and Prospectusp. 498
Appendicesp. 509
The International Covenant on Civil and Political Rightsp. 509
The Optional Protocol to the International Covenant on Civil and Political Rightsp. 525
Model Communication under the Optional Protocolp. 529
The Second Optional Protocol to the International Covenant on Civil and Political Rightsp. 531
Bibliographyp. 536
Indexp. 569
Table of Contents provided by Syndetics. All Rights Reserved.

ISBN: 9780198258940
ISBN-10: 0198258941
Series: Oxford Monographs in International Law
Audience: Professional
Format: Paperback
Language: English
Number Of Pages: 680
Published: 28th April 1994
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.44 x 15.6  x 3.81
Weight (kg): 1.09