The Human Rights Covenants At 50: Their Past, Present, and Future

Cover
The Human Rights Covenants at 50
Copyright
Contents
List of Tables
Table of Cases
List of Contributors
List of Abbreviations
1. Introduction
2. The History of the Covenants: Looking Back Half a Century and Beyond
	I. Introduction
	II. The Political Context
	III. Select Thorny Issues
		A. The rights to be included
		B. States’ obligations under the Covenants
		C. Measures of international supervision and enforcement
	IV. Concluding Remarks
	Bibliography
3. Giving Meaning and Effect to Human Rights: The Contributions of Human Rights Committee Members
	I. Introduction
	II. The Functions of the Human Rights Committee
	III. The Committee and Its Members
	IV. The Interpretative Function of the Members
	Bibliography
4. Interpretation of the ICESCR: Between Morality and State Consent
	I. Introduction
	II. The CESCR as Interpreter
	III. Rules of Interpretation
		A. The ICESCR
		B. VCLT articles 31–​33
	IV. A Special Regime of Treaty Interpretation?
		A. ‘Special’ interpretive methods
			1. Effectiveness
			2. Evolutive interpretation
		B. Legality of ‘special’ interpretive methods
	V. Between Morality and State Consent
		A. Morality
			1. Object and purpose: Teleological interpretation
			2. Rules of international law
		B. State consent
			1. Travaux as supplementary means of interpretation
			2. Wording: Textual interpretation
			3. Subsequent practice
		C. Morality or State consent?
	VI. Generating Legitimacy
		A. Adherence
		B. Coherence
		C. Transparency
	VII. Conclusion
	Bibliography
5. NGOs: Essential Actors for Embedding the Covenants in the National Context
	I. Introduction
	II. Cooperation with the Committees Primarily Related to the Reporting Procedure
		A. The role of NGOs in the reporting procedure
			1. NGO interaction prior to the review
			2. NGO interaction during the State report review
		B. The role of NGOs in the elaboration of General Comments
		C. The role of NGOs in the individual communications procedure under the Optional Protocols
	III. The Emerging Role of NGOs in the Implementation of Concluding Observations and Views
		A. At the national level
			1. Raising awareness at the national level
			2. Engaging with national stakeholders
		B. Participation in the committees’ follow-​up procedure
			1. The embryonic follow-​up procedure of the CESCR
			2. The key role of NGOs in the follow-​up procedure of the HRC
		C. Difficulties for NGOs in engaging systematically with the UN treaty body system
	IV. Conclusion
	Bibliography
6. Influence of the ICESCR in Africa
	I. Introduction
	II. Influence of the ICESCR on the African Regional Human Rights System
	III. Influence of the ICESCR on the Domestic Protection of Human Rights in Africa
		A. Are the rights protected in the ICESCR part of domestic constitutions in Africa?
		B. Dualist approaches to the ICESCR in Africa and their influence on human rights
		C. Monist approaches to the ICESCR in Africa and their influence on human rights
	IV. Conclusion
	Bibliography
7. Influence of the ICCPR in the Middle East
	I. Introduction
	II. Challenges to Surveying the Influence of the ICCPR in the Middle East
	III. Pathways for Influence: Ratification, Reservations, Engagement, and Legal Status
		A. Reservations to the ICCPR
		B. Engagement with the Human Rights Committee
		C. Domestic legal status of the ICCPR
	IV. Resistance to HRC’s Concluding Observations in the Middle East Region
		A. States of emergency, counter-​terrorism, and extraordinary judicial practices
		B. Death penalty
		C. Extraordinary administration of justice systems
		D. Non-​discrimination and equal citizenship agenda
		E. Minorities and indigenous peoples
		F. Democratic expression of political pluralism
	V. Conclusion
	Bibliography
8. Influence of the ICESCR in Latin America
	I. Introduction
	II. The Region’s Constitutional Frameworks and Their Approach to International Human Rights Instruments
		A. Argentina
		B. Brazil
		C. Chile
		D. Paraguay
		E. Uruguay
		F. Venezuela
		G. Ecuador
		H. Bolivia
		I. Interim conclusion
	III. Justiciability of Economic, Social, and Cultural Rights
		A. The road to justiciability
		B. A new form of litigation
	IV. Influence of the ICESCR on the Jurisprudence of National Courts
		C. Colombia
		D.Venezula
		E. Other countries’ experiences
	V. Influence of the ICESCR on the Regional Human Rights System
		A. The San Salvador Protocol
		B. Measuring progress
		C. Incorporating ESCR into the regional case law
	VI. Political Impact, Poverty, and Social Rights Violations: The CESCR and the IACHR
	VII. The By-​products of ESCR’s Justiciability in the Region
	VIII. Concluding Remarks
	Bibliography
9. Influence of the ICCPR in Asia
	I. Introduction
	II. Preliminary Observations
	III. Theoretical Framework
	IV. Assessment of the Influence of the ICCPR
		A. Participation in the drafting of the ICCPR
		B. Acceptance of the ICCPR
		C. Reservations and declarations
			1. Objections to reservations and declarations
		D. Status of treaties under domestic law
		E. Influence of the ICCPR on domestic law
		F. Influence of the ICCPR on domestic courts
			1. Influence of the draft ICCPR
			2. Influence of the ICCPR before States’ ratification or accession
			3. Influence of the ICCPR on the domestic courts of the States parties
		G. Influence of the ICCPR on legal scholarship
		H. Influence of national human rights institutions
		I. Reporting record
		J. Influence of General Comments and concluding observations
		K. Influence of Views
		L. Influence of the Universal Periodic Review
		M. Availability of human rights documents in local languages and their accessibility
		N. General support
	V. Concluding Remarks
	Bibliography
10. Influence of the ICESCR in Europe
	I. Introduction
	II. Influence of the ICESCR by Acceptance of ESCRs’ Direct Effect?
		A. Signs of increased legal influence
		B. Signs revealing the limits of legal influence
	III. Particularities of Domestic Systems
	IV. The Financial and Economic Crises as a Chance for Reinforced Engagement with the ICESCR in Europe?
	V. Concluding Remarks
	Bibliography
11. The Influence of the Two Covenants on States Parties Across Regions: Lessons for the Role of Comparative Law and of Regions in International Human Rights Law
	I. Introduction
	II. A Framework for the Proposed Regional Human Rights Comparison
	III. Comparative Analysis of the Regional Influence of the Two Covenants
		A. Comparative analysis
			1. International law status
		B. An overall assessment: Four trends and five needs
	IV. A Comparative Law Argument for the Authority of the Committees’ Interpretations
	V. Three Proposals for Enhancing the Legitimacy of the Committees’ Interpretations
		A. The role of subsidiarity in Covenant law
		B. The role of comparison and transnational consensus in Covenant law
		C. The role of regions and regional human rights regimes under Covenant law
	VI. Conclusions
	Bibliography
12. The Covenants in the Light of Anthropogenic Climate Change
	I. Introduction
	II. Preambles to the Covenants
	III. Common Article 1 (Self-​determination)
	IV. Jurisdiction (Articles 2)
		A. Article 2 of the ICCPR
		B. Article 2 of the ICESCR
	V. Limitation/​Derogation (Articles 4 and 5)
		A. Common article 4 of the ICCPR and ICESCR
		B. Common article 5 of the ICCPR and ICESCR
	VI. Conclusion
	Bibliography
13. The Covenants and Financial Crises
	I. Introduction
	II. Anatomy of Financial Crises: Who, How, and What?
		A. Typologies of an ‘equal opportunity menace’: Currency, balance of payments, and debt and banking crises
		B. Human rights impacts of financial crises
		C. Human rights in times of financial crises: Two case studies
	III. States’ Human Rights Obligations in Times of Financial Crises
		A. States’ obligations as parties to the UN Covenants
		B. State responsibilities as members of IFIs or participants in rescue programmes
		C. Obligations of States with regard to private actors
	IV. Human Rights Obligations and Responsibilities of IFIs and Their Members
		A. Obligations and responsibilities
		B. IFIs’ human rights obligations—​Much ado about nothing?
		C. Human rights-​related responsibilities of IFIs?
		D. The role of the UN human rights bodies
	V. Conclusion: People, Process, and Paradigm
		A. People-​oriented, rights-​based perspective
		B. Processes for ensuring coherence
		C. Paradigm reloaded: Emancipation and translational human rights
	Bibliography
14. The Institutional Future of the Covenants: A World Court for Human Rights?
	I. Introduction
	II. Human Rights Treaty Implementation and the Covenants
	III. Past Treaty Reform Efforts
	IV. Recommendations for Reform by Alston, and Others
	V. Consolidation Ideas: Stakeholder Meetings and Beyond
	VI. Arbour’s Proposal Deferred: A Unified Standing Treaty Body
	VII. The Dublin Statement and Treaty Body Strengthening
	VIII. The General Assembly Concludes the Treaty Strengthening Process
	IX. A ‘World Court’ for Human Rights?
	X. Improving Individual Communications: What Should be Done?
	Bibliography
Index