International law, Sixth edition
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International Law MALCOLM N. SHAW
f¨ur Karl Josef Partsch zum 75, Berlin, 1989, p. 273.
284 CCPR/C/21/Add.4, 14 November 1984. Note that the International Court of Justice gave an Advisory Opinion on 8 July 1996 at the request of the General Assembly of the UN concerning the Legality of the Threat or Use of Nuclear Weapons, in which it was noted that the right not to be arbitrarily deprived of one’s life applied also in hostilities. Whether a particular loss of life was arbitrary within the terms of article 6 would depend on the situation and would be decided by reference to the law applicable in armed conflict and not deduced from the terms of the Covenant itself, ICJ Reports, 1996, para. 25; 110 ILR, pp. 163, 190. 318 i n t e r nat i o na l l aw the requirement that children be protected against discrimination on grounds such as race, sex, religion, national or social origin, property or birth. Responsibility for guaranteeing the necessary protection lies, it was stressed, with the family, society and the state, although it is primarily incumbent upon the family. Special attention needed to be paid to the right of every child to acquire a nationality. 285 In November 1989, an important General Comment was adopted on non-discrimination. Discrimination was to be understood to imply for the purposes of the Covenant: any distinction, exclusion, restriction or preference which is based on any ground such as race, colour, sex, language, religion, political or other opin- ion, national or social origin, property, birth or other status, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms. 286 Identical treatment in every instance was not, however, demanded. The death sentence could not, under article 6(5) of the Covenant, be imposed on persons under the age of eighteen or upon pregnant women. It was also noted that the principle of equality sometimes requires states parties to take affirmative action in order to diminish or eliminate conditions which cause or help to perpetuate discrimination prohibited by the Covenant. In addition, it was pointed out that not every differentiation constituted discrimination, if the criteria for such differentiation were reasonable and objective and if the aim was to achieve a purpose which was legitimate under the Covenant. 287 Important General Comments on Minorities 288 and Reservations 289 were adopted in 1994. In 1997, the Committee noted in General Comment 26 that the rights in the Covenant belonged to the people living in the territory of the state party concerned and that international law did not permit a state which had ratified or acceded or succeeded to the Covenant to denounce it or withdraw from it, 290 while in General Comment 28 the Committee pointed out that the rights which persons belonging to minorities enjoyed under article 27 of the Covenant in respect of their language, culture and religion did not authorise any state, group or person 285 A/44/40, pp. 173–5. 286 CCPR/C/21/Rev.1/Add.1, p. 3. 287 Ibid., p. 4. See also above, p. 286. 288 HRI/GEN/1/Rev.1, 1995. See further above, p. 293 289 CCPR/C/21/Rev.1/Add.6. See further below, p. 913. 290 A/53/40, annex VII. t h e p r o t e c t i o n o f h u m a n r i g h t s 319 to violate the right to the equal enjoyment by women of any Covenant rights, including the right to equal protection of the law. 291 Under article 41 of the Covenant, states parties may recognise the competence of the Committee to hear inter-state complaints. Both the complainant and the object state must have made such declarations. The Committee will seek to resolve the issue and, if it is not successful, it may under article 42 appoint, with the consent of the parties, an ad hoc Conciliation Commission. 292 The powers of the Human Rights Committee were extended by Op- tional Protocol I to the Civil and Political Rights Covenant with regard to ratifying states to include the competence to receive and consider in- dividual communications alleging violations of the Covenant by a state Download 7.77 Mb. Do'stlaringiz bilan baham: |
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