A Commentary on the International Covenant on Civil and Political Rights The UN Human Rights Committee's Monitoring of ICCPR Rights
Book contents
- A Commentary on the International Covenant on Civil and Political Rights
- A Commentary on the International Covenant on Civil and Political Rights
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases (Views of the Human Rights Committee)
- Table of Treaties (in chronological order)
- Abbreviations
- Introduction
- Article 1: Self-determination
- Article 2: To ‘Respect and to Ensure’ Covenant Rights
- Article 3: The Equal Right of Men and Women to the Enjoyment of Covenant Rights
- Article 4: Derogation in Times of Officially Proclaimed Public Emergency Threatening the Life of the Nation
- Article 5: Bar on Interpreting the Covenant in Abuse of Rights
- Article 6: The Right to Life
- Article 7: Torture, Cruel, Inhuman or Degrading Treatment or Punishment
- Article 8: Slavery, Servitude and Forced or Compulsory Labour
- Article 9: Liberty and Security
- Article 10: Treatment of Those Deprived of Their Liberty
- Article 11: Imprisonment for Inability to Fulfil a Contractual Obligation
- Article 12: Freedom of Movement of the Person
- Article 13: Procedural Safeguards in the Expulsion of Aliens
- Article 14: Fair Trial Rights
- Article 15: Retroactive Criminal Law
- Article 16: Recognition as a Person Before the Law
- Article 17: Privacy, Home, Correspondence; Honour and Reputation
- Article 18: Freedom of Thought, Conscience and Religion
- Article 19: Freedom of Expression
- Article 20: Propaganda for War and Hate Speech
- Article 21: Freedom of Assembly
- Article 22: Freedom of Association
- Article 23: Protection for the Family
- Article 24: Protection Required for Children
- Article 25: Right to Participate in Public Affairs, Electoral Rights and Access to Public Service
- Article 26: Equality before the Law Equal Protection of the Law
- Article 27: Ethnic, Religious and Linguistic Minorities
- Bibliography
- List of Concluding Observations (to Reporting States) by Human Rights Committee Sessions
- International Covenant on Civil and Political Rights
- Index
Article 16: Recognition as a Person Before the Law
Published online by Cambridge University Press: 11 June 2020
Book contents
- A Commentary on the International Covenant on Civil and Political Rights
- A Commentary on the International Covenant on Civil and Political Rights
- Copyright page
- Contents
- Foreword
- Preface
- Table of Cases (Views of the Human Rights Committee)
- Table of Treaties (in chronological order)
- Abbreviations
- Introduction
- Article 1: Self-determination
- Article 2: To ‘Respect and to Ensure’ Covenant Rights
- Article 3: The Equal Right of Men and Women to the Enjoyment of Covenant Rights
- Article 4: Derogation in Times of Officially Proclaimed Public Emergency Threatening the Life of the Nation
- Article 5: Bar on Interpreting the Covenant in Abuse of Rights
- Article 6: The Right to Life
- Article 7: Torture, Cruel, Inhuman or Degrading Treatment or Punishment
- Article 8: Slavery, Servitude and Forced or Compulsory Labour
- Article 9: Liberty and Security
- Article 10: Treatment of Those Deprived of Their Liberty
- Article 11: Imprisonment for Inability to Fulfil a Contractual Obligation
- Article 12: Freedom of Movement of the Person
- Article 13: Procedural Safeguards in the Expulsion of Aliens
- Article 14: Fair Trial Rights
- Article 15: Retroactive Criminal Law
- Article 16: Recognition as a Person Before the Law
- Article 17: Privacy, Home, Correspondence; Honour and Reputation
- Article 18: Freedom of Thought, Conscience and Religion
- Article 19: Freedom of Expression
- Article 20: Propaganda for War and Hate Speech
- Article 21: Freedom of Assembly
- Article 22: Freedom of Association
- Article 23: Protection for the Family
- Article 24: Protection Required for Children
- Article 25: Right to Participate in Public Affairs, Electoral Rights and Access to Public Service
- Article 26: Equality before the Law Equal Protection of the Law
- Article 27: Ethnic, Religious and Linguistic Minorities
- Bibliography
- List of Concluding Observations (to Reporting States) by Human Rights Committee Sessions
- International Covenant on Civil and Political Rights
- Index
Summary
Article 16 is short but profound. At a practical level recognition as a person before the law is foundational to the enjoyment of all Covenant rights, since without legal existence those rights may not be asserted by a person within the domestic legal order. It is also fundamentally inseparable from the recognition which the Covenant gives in its Preamble to ‘the inherent dignity of the human person’ from which all human rights stem.
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- Chapter
- Information
- A Commentary on the International Covenant on Civil and Political RightsThe UN Human Rights Committee's Monitoring of ICCPR Rights, pp. 445 - 457Publisher: Cambridge University PressPrint publication year: 2020