We will be discussing two Covenants which are the following: ICCPR ICESCR International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights International Covenant on Civil and Political Rights (ICCPR) In the ICCPR we are going to discuss the following rights which are The Right to Life Freedom of Movement The Right to Privacy The Rights of Children The Right to life The Right to life • It is stipulated in Article 6 of the (ICCPR) • Every human being has the right to life. The right should be protected by law. Death Penalty Imposed for the most serious crimes Pursuant to a final judgement by a court. Can a death penalty be imposed on any person bellow the age of 18 or on pregnant women? Why? State has the duty to prevent war as well as it has the duty to provide food ,medical treatment, and prevent suicide. Activity Five https://moodle.polytechnic.bh/moodle/mod/hotpot/attempt.php?id=169962 The Freedom of Movement The Freedom of Movement • Everyone in a state has the right of movement and freedom to choose their residence. • Everyone shall be free to leave any country, including his own. Who are Aliens? • Tourists, migrant workers, businessmen and refugees arrive legally in the country. • The decision about how long they can stay remains on the individual state. Liberty of movement and freedom to choose one’s residence What are the guaranteed rights to Aliens ? • Enter to a country as some country requests a visa and the country has the right to refuse granting it. • Once the Aliens enter the country, they have the same rights as the citizens of that country. • Aliens can claim residency in a country for example if a refugee who comes from a neighboring state that is treated badly. They can be an unlawful residence when their visa is expired. Activity Six https://moodle.polytechnic.bh/moodle/mod/hotpot/attempt.php?id=205950 Freedom to leave a Country and liberty of emigration • Citizens have the right to leave their own country this creates an obligation for the State to issue passports or travel documents to its nationals. • Freedom to emigrate is available to everyone both nationals and aliens. Freedom of children leaving or emigrating their country is it restricted with rules? Limitations on freedom of movement, residence, travel and emigration are permissible in four cases, which are the following: Provided by law Consistent with other rights recognized in the Covenant Serve one of the purposes for interference listed in the provision Necessary for achieving this purpose Are consistent with other rights recognized in the Covenant Are provided by Law • Laws must be reasonable and not abusive. • A law that puts restrictions on the freedom of movement must be fair and must not contradict other rights in the Covenant. For example For example: A law that prevents all blue-eye citizens from moving from one place to another is an unreasonable law. The freedom of movement can never be restricted by preventing citizens from using their own money for traveling. Serve one of the purposes for interference listed in the provision • Restrictions on the freedom of Necessary for achieving this purpose • State should decide if what they are internal movement, residency, travel doing balances equally with the abroad and emigration are protected rights. by the following: National Security State may avoid access of non-authorized persons to the military’s security zones. Public Order Police can prevent people from going into earthquake zones. Public Morals State may restrict access to certain areas that are dangerous. Public Health Impose restrictions on certain areas to protect the public, e.g. Covid-19 using traffic lights colors. The right and freedom of others Restrictions can be imposed on people who are a threat to the public. Activity Seven https://moodle.polytechnic.bh/moodle/mod/hotpot/attempt.php?id=169964 The Right to Privacy The Right to Privacy • Guarantees the respect for individual existence of every human being. • Each person has the right to exist spiritually and legally and to respect their individual nature and reputation. What are the obligation on State to protect the right of privacy? State needs to protect individual attack and interference by Laws Example: Access to personal data measures by private companies is a violation of the right to privacy The Right to Children The Right to Children • It is stipulated in Article 24 of the (ICCPR) • States must offer its protection to all the children within its borders. • State must prevent the child from suffering from any kind of abuse by any third parties. • All children must be treated equally. How do states ensure the protection of children? Institutional protection Special Criminal Law protection Ensuring medical care, education, housing, etc. Family Law Nationality Ensuring the respect of the rights in the Convention on the Right of the Children Activity Ten https://moodle.polytechnic.bh/moodle/mod/hotpot/attempt.php?id=169967 Questions?
