Prinsip Kesetaraan Gender Dan Non Diskriminasi Dalam KOvenan ICESCR Dan ICCPR. Wahyuningsih Download full text (Bahasa Indonesia, 9 pages). Covenant on Economic, Social and Cultural Rights (ICESCR). .. The result of US textile embargoed against Indonesia in was trade .. B. Conclusion. Teacher Training System in Indonesia b. Contents (based on CRC, UDHR, ICESCR). Definition and principles of human rights; Identification of human rights .

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Article 49 allowed that the covenant will enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession. The covenant commits its parties to respect the civil and political rights of individuals, including the right to lifefreedom of religionfreedom of speechfreedom of assemblyelectoral rights and rights to due process and a fair trial.

States must report initially one year after acceding to the Covenant and then whenever the Committee requests usually every four years. The Committee normally meets in Geneva and normally holds three sessions per year. The States Parties to the present Covenant, including icezcr having responsibility for the administration of Non-Self-Governing and Trust Territoriesshall promote the realization of the right of self-determination inddonesia, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

Drafting continued on the convention, but there remained significant differences between UN members on the relative importance of negative Civil and Political icesr positive Economic, Social and Cultural rights.

The drafts were presented to the UN General Assembly for discussion inand adopted ibdonesia Together, the Babasa and the two Covenants are considered to be the foundational human rights texts in the contemporary international system of human rights. Part 1 Article 1 recognizes the right of all peoples to self-determinationincluding the right to “freely determine their political status”, [11] pursue their economic, social and cultural goals, and manage and dispose of their own resources.

It recognises a negative right of a people not to be deprived of its means of subsistence, [12] and imposes an obligation on those parties still responsible for non-self governing and trust territories colonies to encourage and respect their self-determination. Part 2 Articles 2 — 5 obliges parties to legislate where necessary to give effect to the rights recognised in the Covenant, and to provide an effective legal remedy for any violation of those rights.

Part 4 Articles 28 indonesua 45 governs the establishment and operation of the Human Rights Committee and the nahasa and monitoring of the Covenant.

International Covenant on Civil and Political Rights

It also allows parties to recognise the competence of the Committee to resolve disputes between parties on the implementation of the Covenant Articles 41 and Part 5 Articles 46 — 47 clarifies that the Covenant shall not be interpreted as interfering with the operation of the United Nations or “the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources”. Part 6 Articles 48 — 53 governs ratification, entry into force, and amendment of the Covenant.

Article 6 of the Covenant recognises the individual’s “inherent right to life” and requires it to be protected by law. While Article 6 does not prohibit the death penalty, it restricts its application to the “most serious crimes” [22] and forbids it to be used on children and pregnant women [23] or in a manner contrary to the Convention on the Prevention and Punishment of the Crime of Genocide.

Article 7 prohibits torture and cruel, inhuman or degrading punishment. Article 8 prohibits slavery and enforced servitude in all situations. Article 9 recognises the rights to liberty and security of the person.

It prohibits arbitrary arrest and detention, requires any deprivation of liberty to be according to law, [29] and obliges parties to allow those deprived of their liberty to challenge indojesia imprisonment through the courts.

Inddonesia 10 requires anyone deprived of liberty to be treated with dignity and humanity. Article 11 prohibits the use of imprisonment as a punishment for breach of contract. Article 14 recognizes and protects a right to justice and a fair trial.

The rest of the article imposes specific and detailed obligations around the process of criminal trials in order to protect the rights of the accused and the right to a fair trial. It establishes the Presumption of innocence [41] and forbids double jeopardy. Article 15 prohibits prosecutions under Ex post facto law and the imposition of retrospective criminal penaltiesand requires the imposition of the lesser penalty where criminal sentences have changed between the offence and conviction.

Article 16 requires states to recognize everyone as a person before the law. Article 12 inronesia freedom of movementincluding the right of persons to choose their residence, to leave and return to a country. Article 13 forbids the arbitrary expulsion of resident aliens indondsia requires such decisions to be able to be appealed and reviewed. Article 17 mandates the right of privacy. Article 17 2 grants the protection of the Law against such attacks [54]. Article 18 mandates freedom of religion or belief.

Article 19 mandates freedom of expression.

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Article 20 mandates sanctions against inciting hatred. Articles 21 and 22 mandate freedom of bayasa. These provisions guarantee the right to freedom of association, the right to trade unions and also defines the International Labour Organization. Article 23 mandates the right of marriage.

Article 24 mandates special protection, the right to a name, and the right to a nationality for every child. Article 27 mandates the rights of ethnicreligious and linguistic minority to enjoy their own culture, to profess their own religion, and to use their own language.


Article 3 provides an accessory non-discrimination principle. Accessory in the way that it cannot be used independently and can only be relied upon in relation to another right protected by the ICCPR. In contrast, Article 26 contains a revolutionary norm by providing an autonomous equality principle which is not dependent upon another right under the convention being infringed.

This has the effect of widening the scope of the non-discrimination principle beyond the scope of ICCPR. There are two Optional Protocols to the Covenant. The First Optional Protocol establishes an individual complaints mechanism, allowing individuals to complain ciescr the Human Rights Committee about violations of the Covenant. The Second Optional Protocol abolishes the death penalty; however, countries were permitted to make a reservation allowing for use of death penalty for the most serious crimes of a military nature, committed during wartime.

A number of parties have made reservations and interpretative declarations to their application of the Covenant.

International Covenant on Economic, Social and Cultural Rights

Argentina will apply the fair trial rights guaranteed in its constitution to the prosecution of those accused of violating the general law of nations. Australia reserves the right to progressively implement the prison standards of Article 10, to compensate for miscarriages of justice by administrative means rather than through the courts, and interprets the prohibition on racial incitement as being subject to the freedoms of expression, association and assembly.

It also declares that its implementation will be effected at each level of its federal system. Austria reserves the icewcr to continue to exile members of the House of Habsburgand limits the rights of the accused and the right to a fair trial to those already existing in its legal system. Bahamasdue to problems with implementation, reserves the right not to compensate for miscarriages of justice. Bahrain interprets Articles 3 no sexual discrimination18 freedom of religion and 23 family rights within the context of Islamic Sharia law.

Bangladesh reserves the right to try people in absentia where they are fugitives from justice and declares that resource constraints mean that icesce cannot necessarily segregate prisons or provide counsel for accused persons.

Barbados reserves the right not to provide free counsel for accused persons due to resource constraints. Belgium interprets the freedoms of speech, assembly and indoneesia in a manner consistent with the European Convention on Human Rights.

It does not consider itself obliged to ban war propaganda as required by Article 20, and interprets that article in light of the freedom of expression in the UDHR. Belize reserves the right not to compensate for miscarriages of justice, due to problems with implementation, and does not plan to provide free legal counsel indobesia the same reasons as above.

It also refuses to ensure the right to free travel at any time, due to a law requiring those travelling abroad to provide tax clearance certificates. Congoas per the Congolese Code of Civil, Commercial, Administrative and Financial Procedurein indonfsia of private law, decisions or orders idescr from conciliation proceedings may be enforced through imprisonment for debt.

Denmark reserves the right to exclude the press and the public from trials as per its own laws. Reservation is further made to Article 20, paragraph 1. This reservation is in accordance with the vote cast by Denmark in the XVI General Assembly of the United Nations in when the Danish Delegation, referring to ifescr preceding article concerning freedom of expression, voted against the prohibition against indonfsia for war. The Gambia inxonesia, as per its constitution, will provide free legal assistance for accused persons charged with capital offences only.

Pakistanhas made several reservations to the articles in the Convention; “the provisions of Articles 3, 6, 7, 18 and 19 shall be so applied to the extent that they are not repugnant to the Provisions of jcescr Constitution of Pakistan and baasa Sharia laws”, “the provisions of Article 12 shall be so applied as to be in conformity with the Provisions of the Constitution of Pakistan”, “With respect to Article 13, the Government of the Islamic Republic of Pakistan reserves its icesrc to apply its law relating to foreigners”, “the provisions of Article 25 shall be so applied to the extent that they are not repugnant to the Ciescr of the Constitution of Pakistan” and the Government of the Islamic Republic of Pakistan “does not recognize the competence of the Committee provided for in Article 40 of the Covenant”.

The United States has made reservations that none of the articles should restrict the right of free speech and association ; that bahaas US government may impose capital punishment on any indonssia other than a pregnant woman, including persons below the age of 18; that “cruel, inhuman and degrading treatment or punishment” refers to those treatments or punishments prohibited by one or more of the fiftheighthand fourteenth amendments to the US Constitution; that Paragraph 1, Article 15 will not apply; and that, notwithstanding paragraphs 2 b and 3 of Article 10 and paragraph 4 of Article 14, the US government may treat juveniles as adults, and accept volunteers to the military prior to the age of The United States also submitted five “understandings”, and four “declarations”.

The International Covenant on Civil and Political Rights indobesia states parties, 67 by signature and ratification, and the remainder by accession or succession.

Another five states have signed but have yet to ratify the treaty. The Covenant is not directly enforceable in Australia, but its provisions support a number of domestic laws, which confer enforceable rights on individuals.


Likewise, the Covenant’s equality and anti-discrimination provisions support the federal Disability Discrimination Act Finally, the Covenant is one of the major sources of ‘human rights’ listed in the Human Rights Infonesia Scrutiny Icsecr Legislation also establishes the Australian Human Rights Commission [75] which allows the Australian Human Rights Commission AHRC to examine enacted legislation [76] to suggest remedial enactments [77]its administration [78] to suggest avoidance of practices [79] and general compliance [80] with the covenant which is scheduled to the AHRC legislation.

In Victoria and the Australian Capital Territory, the Convention can be used indonssia a plaintiff or defendant who invokes those jurisdiction’s human rights charters. Ireland’s use of Special Criminal Courts where juries are replaced by judges and other special procedures apply has been found to not violate the treaty: New Zealand took measures to give effect to many of the rights contained within it by passing the New Zealand Bill of Rights Act inand formally incorporated the status of protected person into law icecr the passing of the Immigration Act Where a treaty or covenant is not self-executing, and where Congress has not acted to implement the agreement with legislation, no private right of action within the US judicial system is created by ratification.

It is also important to emphasize that the “self-executing” statement was a declaration and the Courts have held that idonesia have no effect upon treaty law and the rights ocescr citizens. As a reservation that is “incompatible with the object and purpose” of a treaty is void as a matter of the Vienna Convention on the Law of Treaties and international law, [94] there is some issue as to whether the non-self-execution declaration is even legal under domestic law.

Prominent critics in the human rights community, such as Prof. Louis Henkin [96] non-self-execution declaration incompatible with the Supremacy Clause and Prof. Jordan Paust [97] “Rarely has a treaty been so abused” have denounced the United States’ ratification subject to the non-self-execution declaration as a blatant fraud upon the international community, especially in indoneeia of its subsequent failure to conform domestic law to the minimum human rights standards as established in the Covenant and in the Universal Declaration of Human Rights over the last thirty years.

Of particular concern are widely formulated reservations which essentially render ineffective all Covenant rights which would require any change in national law to ensure compliance indoneesia Covenant obligations. No real international rights or obligations have thus been accepted.

Prinsip Kesetaraan Gender Dan Non Diskriminasi Dalam KOvenan ICESCR Dan ICCPR – Neliti

And when there is an absence of provisions to ensure that Covenant rights may be sued on in domestic courts, and, further, a failure to allow individual complaints to be brought to the Committee under the first Optional Protocol, all the essential elements of the Covenant guarantees have been removed. Indeed, the United States has not accepted a single international obligation required under the Covenant.

It has not changed its domestic law to conform with the strictures of the Covenant. As such, the Covenant has been rendered ineffective, with the bone of contention being United States officials’ insistence upon preserving a vast web of sovereignjudicialprosecutorial, and executive branch immunities that often deprives its citizens of the “effective remedy” under law the Covenant is intended to guarantee. Inthe Human Rights Committee expressed concern over what it interprets as material non-compliance, exhorting the United States to take immediate corrective action: The Committee notes with concern the restrictive interpretation made by the State party of its obligations under the Covenant, as a result in particular of a its position that the Covenant does not apply with respect to individuals under its jurisdiction but outside its territory, nor in time of war, despite the contrary opinions and established jurisprudence of the Committee and the International Court of Justice; b its failure to take fully into consideration its obligation under the Covenant not only to respect, but also to ensure the rights prescribed by the Covenant; and c its restrictive approach to some substantive provisions of the Covenant, which is not in conformity with the interpretation made by the Committee before and after the State party’s ratification of the Covenant.

The State party should review its approach and interpret the Covenant in good faith, in accordance with the ordinary meaning to be given to its terms in their context, including subsequent practice, and in the light of its object and purpose. The State party should in particular a acknowledge the applicability of the Covenant with respect to individuals under its jurisdiction but outside its territory, as well as its applicability in time of war; b take positive steps, when necessary, to ensure the full implementation of all rights prescribed by the Covenant; and c consider in good faith the interpretation of the Covenant provided by the Committee pursuant to its mandate.

The following 25 states have not become party to it, but six states have signed the Covenant but not ratified it. From Wikipedia, the free encyclopedia. Signatory that has not ratified. Right to lifeTortureand Slavery.

Rights of the accused and Right to a fair trial. Freedom of movementFreedom of religionFreedom of thoughtFreedom of speechFreedom of assemblyFreedom of associationand Right of Return.