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19 October 2000
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Human Rights Committee
70th session
19 October 2000
Morning
The Human Rights Committee this morning discussed a draft General Comment on non-derogable rights during emergency situations.
Article 4 of the International Covenant on Civil and Political Rights stipulates that in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the Covenant may take measures derogating from their obligations under the treaty to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
No derogation may be made under this provision concerning article 6 of the Covenant on the inherent right to life; article 7 which forbids torture or cruel, inhuman or degrading treatment or punishment; article 8 which forbids slavery; article 11 which forbids imprisonment on ground of inability to fulfil contractual obligations; article 15 which stipulates that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed and nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations; article 16 which recognizes that everyone has the right to recognition before the law; and article 18 on the right to freedom of thought, conscience and religion,
During the discussion, Committee experts emphasized the non-derogability of certain obligations such as the inherent right to life. It was also pointed out that article 7 of the Covenant which forbids torture and other cruel treatment or punishment should not be derogated. Experts hoped that the principle of the presumption of innocence remained in force during emergency situations. There were divided points of view on adding reference to the United Nations Charter, with a number of experts saying that the Committee should limit its observations to the field of human rights.
The Committee issues General Comments to assist States parties to the Covenant to improve the implementation of the provisions of the instrument.
When the Committee reconvenes at 3 p.m. this afternoon, it will continue its debate on the same issue.
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70th session
19 October 2000
Morning
The Human Rights Committee this morning discussed a draft General Comment on non-derogable rights during emergency situations.
Article 4 of the International Covenant on Civil and Political Rights stipulates that in time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the Covenant may take measures derogating from their obligations under the treaty to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin.
No derogation may be made under this provision concerning article 6 of the Covenant on the inherent right to life; article 7 which forbids torture or cruel, inhuman or degrading treatment or punishment; article 8 which forbids slavery; article 11 which forbids imprisonment on ground of inability to fulfil contractual obligations; article 15 which stipulates that no one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed and nothing in this article shall prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations; article 16 which recognizes that everyone has the right to recognition before the law; and article 18 on the right to freedom of thought, conscience and religion,
During the discussion, Committee experts emphasized the non-derogability of certain obligations such as the inherent right to life. It was also pointed out that article 7 of the Covenant which forbids torture and other cruel treatment or punishment should not be derogated. Experts hoped that the principle of the presumption of innocence remained in force during emergency situations. There were divided points of view on adding reference to the United Nations Charter, with a number of experts saying that the Committee should limit its observations to the field of human rights.
The Committee issues General Comments to assist States parties to the Covenant to improve the implementation of the provisions of the instrument.
When the Committee reconvenes at 3 p.m. this afternoon, it will continue its debate on the same issue.
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