The International Covenant On Civil And Political Rights

1775 WordsApr 25, 20178 Pages
The International Covenant on Civil and Political Rights (ICCPR) and the European Convention on Human Rights (ECHR). Both of these treaties protect the right to privacy. Drawing almost verbatim on Article 12 of the Universal Declaration of Human Rights (UDHR) , Article 17 of the ICCPR provides that 1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation. 2. Everyone has the right to the protection of the law against such interference or attacks. Article 8 of the ECHR, on the other hand, stipulates that: 1. Everyone has the right to respect for his private and family life, his home and his correspondence. 2. There shall be…show more content…
. A deeper look at the travaux in the main drafting stages in particular shows the complete lack of conceptual coherence among the drafters . Territorial scope was but one of many issues they were considering, and while some states were concerned about the application of the Covenant to specific problems (notably that the Covenant should not require them to protect their nationals abroad against third states, or legislate for the people of occupied Germany) , the preparatory work is remarkably unhelpful when it comes to any first principles regarding the interpretation of Article 2(1). The travaux certainly do not express a clear sentiment by the drafters that the Covenant should never apply extraterritorially. This was indeed the International Court of Justice (ICJ)’s conclusion upon looking at the travaux in the Wall case,83 and is also the conclusion of a number of other detailed examinations. Countries such as the U.S’s categorical opposition to the extraterritorial application of the ICCPR is fundamentally flawed and should be abandoned. The critics of the U.S. position that the
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