Engendering Course of Actions

Reflecting International Covenant on Civil and Political Rights (ICCPR): Through VAWIP Lens

The ICCPR spells out in more detail the civil and political rights enumerated earlier in the Universal Declaration of Human Rights and is legally binding on those countries that have ratified it. It includes the right to life, to be free from torture and slavery, to liberty and security, to freedom of movement, association, thought, religion and expression, to equality before the law, to privacy, to equality within marriage, and to the enjoyment of culture. It prohibits all forms of discrimination in the enjoyment of these rights, including on the basis of sex, and requires that countries ensure the equal rights of women and men.

A brief analysis of ICCPR from VAWIP Perspective is presented below.

Introduction

The International Covenant on Civil and Political Rights (ICCPR) is a United Nations treaty based on the Universal Declaration of Human Rights, created in 1966 and entered into force on 23 March 1976.
The ICCPR is monitored by the Human Rights Committee (a separate body to the Human Rights Council which replaced the Commission on Human Rights under the UN Charter in 2006) with permanent standing, to consider periodic reports submitted by member States on their compliance with the treaty. Members of the Human Rights Committee are elected by member states, but do not represent any State. The Covenant contains two Optional Protocols. The first optional protocol creates an individual complaints mechanism whereby individuals in member States can submit complaints, known as communications, to be reviewed by the Human Rights Committee. Its rulings under the first optional protocol have created the most complex jurisprudence in the UN international human rights law system. 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.

Ratification and Reservation

The ICCPR has been signed by 174 states, 8 of which have yet to ratify the treaty. Ratification status of ICCPR in South Asian context.

  • Afghanistan- Jan 1983
  • Bangladesh- September 2008
  • India- April 1979
  • Maldives- September 2006
  • Nepal- May 1991
  • Sri Lanka-June 1980

Political Participation

Article 1.1: All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Article 2.1:Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Article 3.1:The States Parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant.

Violence Against Women

The treaty is concerned with discrimination but fails to directly address violence against women.

Violence Against Women in Politics

The treaty supports the principle of non-discrimination on the grounds of sex. It indorses political participation of women. However, it doesn’t directly address the issues of violence against women in politics.

Conclusion

Although the treaty is attentive about women’s right it doesn’t directly address issues of violence against women and violence against women in politics.