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The Road Taken: ICCPR and discriminatory restrictions on religious freedom
SSRN Electronic Journal, 2020This short note, written in the aftermath of the Harvard Human Rights Journal 2020 Symposium on the right against discriminatory impact based on religion, looks at one choice available for law-appliers under the ICCPR: Whether to address claims of discriminatory restrictions on religious freedom as cases of discrimination on religious grounds or ...
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Determining Defeat: The PRC, the ICCPR, and the Interim Obligation
SSRN Electronic Journal, 2010The Vienna Convention on the Law of Treaties codifies in Article 18 the duty not to defeat the object and purpose of a treaty after signature but before ratification. This duty has become known as the interim obligation and has undergone substantial scholarship evaluating its scope and extent.
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Reflections on the ICCPR Regime: Mechani v. Algeria
SSRN Electronic Journal, 2015This digest critically reflects on the potential of the International Covenant on Civil and Political Rights (ICCPR) (1966) regime to ensure the full protection of rights guaranteed under [ICCPR] in the light of recent developments. It is a thorough attempt at discussing the recent decision of the Human Rights Committee in the case of Mechani v ...
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Equal and Inalienable: Natural Human Rights and the ICCPR
SSRN Electronic Journal, 2011This paper first seeks to establish a scientific basis for the finding of natural human rights and how rights relate to morals, law, and culture. Next, the paper focuses on the derogation mechanism of article 4 of the ICCPR, compares derogable rights and non-derogable rights, and investigates the assumptions of derogation.
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The Understanding and Interpretation of the ICCPR in the Context of China's Possible Ratification
Chinese Journal of International Law, 2007China signed the International Covenant on Civil and Political Rights in 1998 and is preparing for its ratification. In considering the ratification, the knowledge of how to correctly interpret and understand the Covenant is crucial. In monitoring the implementation of the Covenant, the Human Rights Committee has used various mechanisms and rules in ...
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Lessons from India’s Engagement with the ICCPR Derogation Clause
Asia-Pacific Journal on Human Rights and the LawAbstract The Human Rights Committee recently flagged the insidious use of emergency legislation in India without adhering to Article 4 of the International Covenant on Civil and Polictial Rights (ICCPR). While India has not made any reservation to the provision, its unreported derogations have been a bone of contention, often inviting
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ICCPR Substantive Human Rights Protections
2003Scott N. Carlson, Gregory Gisvold
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