Interpretacja Międzynarodowego paktu praw obywatelskich i politycznych w świetle raportów Komitetu Praw Człowieka
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Date
1986
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Wydział Prawa i Administracji UAM
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Interpretation of the international Convenant on civil and political rights in the light of reports of the Human Rights Committee
Abstract
Three important anniversaries are to be observed in the international activity
in the field of the protection of Human Rights in 1986. It was 20 years
ago when the General Assembly adopted International Covenants on Human
Rights. 10 years ago those international instruments entered into force. 10 years
have passed since the Committee on Human Rights was created, it excercises
control upon implementation of the Covenant on Civil and Political Rights. These
aniversaries stem reflections and analyses.
The subject matter of the article is the interpretation of provisions of the
Covenant performed by the Committee in the pro-cess of studying reports of the
States Parties. The article was prepared mostly on the basis of the annual reports
submitted to the General Assembly by the Committee,
The article consists of three parts. The first one discusses competence bestowed
upon the Committee by the Covenant and Optional Protocol. This information
is intend ed to serve as a kind of introduction to the further deliberations.
The second part presents the forms in which the Committee can express its
views and opinions. It is the case of general comments and of discussions in the
process of studying reports of States Parties., In the first instance we have to
deal with a position of the Committee, while in the second with the opinions
and views of its particular members.
In the third part the authoress analyses main directions in interpretation of
the general clauses (art. 1-4 of the Covenant) and of some provisions formulating
the catalog of human rights (part III of the Covenant). In the opinion of
the authoress, the Committee's interpretation is sometimes exceeding the verbal
meaning of the Covenant provisions. The interpretation of the right to life can
serve here as an example. The Committee has exhibited here an ouvert tendency
of law making which was met with reservations of some of its members.
The authoress on her part does not attempt at evaluating the efectiveness
of the international control system, based on reports of States Parties to the
Committee. Yet she is advocating the opinion that considerations of the Committee
can contribute to unifying implementation of Human Rights by States. In
spite of the fact that these considerations are not legally binding for those States.
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Digitalizacja i deponowanie archiwalnych zeszytów RPEiS sfinansowane przez MNiSW w ramach realizacji umowy nr 541/P-DUN/2016
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Citation
Ruch Prawniczy, Ekonomiczny i Socjologiczny 48, 1986, z. 2, s. 1-29
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ISBN
ISSN
0035-9629