The International Covenant on Civil and Political Rights Cases, Materials and Commentary 2nd Edition

Author: Sarah Joseph; Jenny Schultz; Melissa Castan
Publisher: Oxford University Press
ISBN: 9780199285419
Published In: September 2005
Format: Paperback , 1048 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Comprehensively updated new edition on a convention of great international importance
The Second Edition contains a more comprehensive introduction and a new section on succession to ICCPR obligations
Exhaustive collation and analysis of the jurisprudence of the Human Rights Committee
Well-structured and thoroughly indexed for optimal usefulness to practitioners and students

New to this edition

The International Covenant on Civil and Political Rights [ICCPR] is the most important human rights treaty in the world: it is of universal relevance, being open for ratification to all States.

Now fully updated and 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.

Readership: Academics and Students working in international human rights law, Judges and human rights practitioners, Human rights activists.

Foreword
Preface
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 Optional Protocol Cases
J General Comments of the Human Rights Committee
Index

Sarah Joseph, Senior Lecturer, Monash University; Associate Director, Castan Centre for Human Rights Law, Jenny Schultz, Barrister and Solicitor of the Supreme Court of Victoria and the High Court of Australia, Senior Lecturer, Monash University, Faculty of Law, and Melissa Castan, Barrister and Solicitor of the Supreme Court of Victoria and the High Court of Australia, Senior Lecturer, Monash University, Faculty of Law

"The authors are to be congratulated for their thoughtful and insightful analysis, and for their meticulous work in continuing to render the work of the Human Rights Committee accessible to a wide audience of civil servants, scholars, practitioners, and activists." - Australian Year Book of International Law