Human Rights: The International Covenant on Civil and Political Rights - Term Paper Example

Human Rights International treaties are essential sources for international law and practices. Ratification of any international treaty guarantees that the signatories are willing to implement the contents of the treaty irrespective of geographical boundaries (Landmann 13). Treaties are agreements or memorandum of understanding between two or more states for the fulfillment of their mutual interests. It is imperative to note that International Treaties are mandatory and countries are not under any obligation to become signatories of such treaties. However, the international treaties provide internationally unified approach to global issues and signatory countries are bound to conform to the treaty. The International Covenant on Civil and Political Rights (ICCPR) is the core treaty that promotes and protects the universal human rights of every individual. The universal declaration of human rights is United Nations’ initiative to ensure that member countries respect and uphold the various human rights that are inalienable (Brsyk 17). The dignity of the human person and equality of all human beings is a core component of the human rights. The preamble of the human rights declaration notes that the disregard of human rights and barbarism may lead to disastrous eventualities that are avoidable. Freedom of speech and freedom from fear and want are essential for the prosperity of a state and its people. It is affirmed that upholding of human rights is critical in order for a country to be stable and have fruitful relationships with other countries. Generally, the thirty articles of the Universal Declaration of Human Rights lay forth the fundamental principles that member countries have to abide by in regards to human rights issues (Brsyk 23). It is imperative that ICCPR forms the basis through which the government relates with its citizens as well as the international community. This treaty was agreed upon by the member countries of the United Nations in 1966 and eventually ratified into international law in 1976 after 35 countries had ratified it. This treaty gives citizens the right to participate in any political process within his or her country. Hence, it contains the human rights that are necessary for self expression and self determination for every individual irrespective of political inclination. During the codification of this treaty, freedom of opinion and expression was an important issue for most of the member states. The right of opinion is fundamental for every person (Landmann 47). For instance, it was argued that freedom of expression and opinion may cause instability in a given state. According to this argument, this right had the potential of resulting in greater harm than good in a community. On the other hand, the proponents of this right argued that the nature of democracy allows for the expression of ideas and opinions even if they may be divergent. Therefore, different opinions are not necessary a recipe for disaster or social conflict. Rather, the freedom of expression and opinion helps to open up the society. The human right to expression and opinion is especially important in countries where democracy is an alien concept. Dictatorial regimes may be uncomfortable with the freedom of expression and opinion since it may lead to questioning of their leadership practices. The freedom of assembly and association is key tenet of the ICCPR. Essentially, every individual has the right to associate with any person or persons depending on their desires. In this regard, the ICCPR recognizes the inherent human right to associate with people who have a common cause or towards a common purpose (Brsyk 7). This is a necessary factor in meeting their aspirations and enjoying the company of other people with similar aspirations. One of the issues that curtailed the codification of this right is its political implications. It can be argued that freedom of association and assembly may undermine state security and the stability of a nation. The parties against this freedom argued that the state had a greater obligation of ensuring that there was stability and security in their country. Due to this, unabated assembly and association may be dangerous. The assembly and association of people is a fundamental element for any development conscious society. Through assembly and association, people can rally themselves towards attaining a communal goal. In as much as the association and assembly is critical component for a prosperous nation, it is necessary to consider the implications of this freedom if it is not checked. Cognizant of this issue, the ICCPR permitted the signatory nations to suspend this right in special cases such as during a civil emergency (Brsyk 8). The right to life is enshrined in ICCPR. Human life is sanctified and thus must be respected at all times. However, some countries had legal provisions for the death sentences in their national laws. The criminal justice system in any country is supposed to punish and eliminate crime from the community. The death sentence is usually reserved for heinous offences involving violence. The severity of the death sentence is meant to deter future crimes of a similar nature. The actors that were against the right to life argued that abolishing the death sentence may make criminals to go scot free especially in regards to heinous crimes (Hopgood 62). Also, some countries that implemented strict Islamic law allowed public executions for some grievous crimes. These strict measures were meant to ensure that there was order in the society and eliminate serious crimes. On the other hand, it is inhuman to take the life of a human being irrespective of the reason. Even though a person is engaged in serious crime, the criminal system should issue a life sentence and seek to reform the criminal. In any case, the death sentence does not necessary replace the loss that the victim of crime suffered from. In cognizance of these issues, the ICCPR restricted the death penalty to the most serious of crimes and forbade it altogether for persons below eighteen years of age. Most countries have implemented the article of ICCPR that gives the right to presumption of innocence till proven guilty. An accusation of engaging in crime does make a person guilty of the offense. It is upon the prosecution or the accuser to prove that the accused is indeed guilty of the offence. The right to presumption of innocence until proven guilty is important in order to ensure that a person is not judged before being heard (Hopgood 83). The argument for this right is that the innocence or lack thereof of an individual can only be proven by evidence adduced in a court of law. The statement of the prosecution cannot be taken at face value to be true without investigating and evaluating the available evidence. Justice requires that even the accused persons must be given the benefit of doubt albeit until irrefutable evidence is adduced (Hopgood 84). The ICCPR recognizes the difficulties that political activists face especially under oppressive regimes. The treaty forbids arbitrary arrest and detention. An individual should only be arrested under a clearly defined legal mandate. Before any arrest, it is necessary for the person to be informed of the crime that he or she is accused of. Detention should be restricted to the legally acceptable limits and the accused person must be offered legal counsel as soon as practically possible (Hopgood 94). It is notable that the ICCPR forbids detention without trial for any reason whatsoever. According to proponents of these rights, oppressive and dictatorial regimes may misuse the criminal justice system to nail their political opponents. Thus, the ICCPR attempts to protect the minority and political dissidents from wrongful arrest or detention. The civil society has been on the forefront of advocating for the rights that are enshrined in the ICCPR. Global civil society organizations such Amnesty International have played an important role in advocating for the respect of human rights and political rights throughout the world. Brysk (17) indicated that the civil society can participate in political functions by acting as an interlocutor between the state and the citizens. In order to promote political accountability and transparency, the civil society can mobilize the masses for collective action on an issue of interest (Hopgood 17). For instance, the civil society can rally the masses towards pressing the authorities to release political prisoners. This is significant since the civil society has the resources and logistical capability to coordinate mass action towards a collective goal. On the other hand, the civil society has also contributed to the efforts of promoting human rights by facilitating civic education. Through outreach programs in all regions, the civil society can educate and inform the people about their human rights as well as political rights. On top of these, the civil society has worked hand in hand with the authorities in various places to strengthen their human rights implementation frameworks. It is imperative to note that religious organizations have also played an important role in ensuring the rights set forth by ICCPR are respected. Religious organization can act in liaison with other Non-Governmental Organizations to ensure that the human rights of the people are respected (Hopgood 39). It should be noted that the civil society and Non-Governmental Organizations (NGOs) do not necessary have to work against the governments. Rather, the NGOs and civil society bodies have the primary obligation of ensuring that the citizens and common people in a country get the best services from their governments. In any case, the governments need help in order to reach and meet the needs of its citizens. The NGOs have the obligation to ensure that the governments of the day do not trample on human rights. Conclusion Human rights are inalienable and universal. International treaties are critical in ensuring that the universal tenets and principles are implemented uniformly. The ICCPR is a treaty that seeks to protect the rights of an individual in the community. The treaty upholds and protects the rights of an individual to be treated fairly and to participate in all political processes without hindrance. The civil society and NGOs play an important role in ensuring that civil and political rights are respected. Works Cited Brysk, Allison. Human Rights and Private Wrongs: Constructing Global Civil Society.London: Routledge, 2005. Web Hopgood, Stephen. Keepers of the Flame: Understanding Amnesty International.
New York: Cornwell University Press, 2006. Web
 Landman, Todd. Protecting Human Rights: A comparative study. Washington, DC: Georgetown University Press, 2005. Print . Read More