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

by Joseph, Sarah; Castan, Melissa

• ISBN13: 9780199641949
• ISBN10: 0199641943
• Edition: 3rd
• Format: Hardcover
• Copyright: 2013-09-15
• Publisher: Oxford University Press

Author Biography

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).

Table of Contents

Part I: Introduction
1. Introduction
Part II: Admissibility Under the ICCPR
2. The Ratione Temporis Rule
3. The 'Victim' Requirement
4. Territorial and Jurisdictional Limits
5. Consideration Under Another International Procedure
6. Exhaustion of Domestic Remedies
Part III: Civil and Political Rights
7. The Right of Self-determination - Article 1
8. The Right to Life - Article 6
9. Freedom from Torture and Rights to Humane Treatment - Articles 7 and 10
10. Miscellaneous Rights - Articles 8, 11, 16
11. Freedom from Arbitrary Detention - Article 9
12. Freedom of Movement - Article 12
13. Procedural Rights Against Expulsion - Article 13
14. Right to a Fair Trial - Article 14
15. Prohibition of Retroactive Criminal Laws - Article 15
16. Right to Privacy - Article 17
17. Freedom of Thought, Conscience, and Religion - Article 18
18. Freedom of Expression - Articles 19 and 20
19. Freedoms of Assembly and Association - Articles 21 and 22
20. Protection of the Family - Article 23
21. Protection of Children - Article 24
22. Rights of Political Participation - Article 25
23. Rights of Non-Discrimination - Articles 2(1), 3, and 26
24. Minority Rights - Article 27
Part IV: Alteration of ICCPR Duties
25. Reservations, Denunciations, Succession, and Derogations
Appendices
A. International Covenant on Civil and Political Rights
B. First Optional Protocol to the ICCPR
C. Second Optional Protocol to the ICCPR
D. States Parties to the International Covenant on Civil and Political Rights
E. States Parties to the First Optional Protocol
F. States Parties to the Second Optional Protocol
G. States which have made a Declaration under Article 41 of the Covenant
H. Members of the Human Rights Committee (Past and Present)
I. General Comments of the Human Rights Committee