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 5: Bar on Interpreting the Covenant in Abuse of Rights
Published online by Cambridge University Press: 11 June 2020
- 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 5 establishes important interpretive principles. It also has operative value. Article 5(1) preserves the Covenant against any misinterpretation by those seeking to legitimise the destruction of any Covenant rights of others, or the restriction of those rights to a greater extent than is provided for by the Covenant. The effect is to remove any implication that the Covenant itself provides the justification for such displacement of Covenant rights. It does not impose obligations, but it is capable of defeating OP1 petitions, and ousting assertions that the Covenant provides support for the destruction or excessive limitation of rights.
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- Information
- A Commentary on the International Covenant on Civil and Political RightsThe UN Human Rights Committee's Monitoring of ICCPR Rights, pp. 129 - 137Publisher: Cambridge University PressPrint publication year: 2020