preview

The International Covenant On Civil And Political Rights

Satisfactory Essays

Chanakya Varma
Professor Zook
PACS 126
27 October 2015

(TITLE)
If you could choose one thing to save while your house burned down, what would you choose? Counselors and trainers across the world often ask their clients this question to gauge how they rank their possessions, and prioritize their lives. If only countries could be faced with a similar question.

This paper explores the concept of non-derogable human rights as the basis for drawing a distinction between fundamental human rights (of jus cogens nature) and other core human rights (of jus dispositivum nature), and as argued in the paper, this classification sets an innate hierarchy, which when interpreted as such, can minimize conflict and in the worst, aid in resolution.

The origin of this argument stems from Article 4 of the International Covenant on Civil and Political Rights (ICCPR) - arguably the most important multilateral treaty for the advancement of human rights - which allows countries to derogate from the conscious upholding of human rights in states of declared emergency as long as their derogation isn’t a conscious act of discrimination, or in violation of the rights mentioned in Articles 6, 7, 8, 11, 15, 16 and 18 of the ICCPR.
Before we continue our discussion, it should be noted that despite the fact that human rights are some of the earliest casualties in situations of nationwide crisis, and that emergency priorities aren’t an accurate reflection of non-emergency developmental priorities, these

Get Access