Wednesday, 9 September 2020

The Part in respect of Substantive Rights (Under Articles- 06 to 27) under The Preamble of the International Covenant on Civil and Political Rights 1966, (I.C.C.P.R., 1966).

 

The Part in respect of Substantive Rights (Under Articles- 06 to 27):- The Substantive Rights have been contained under the Part -03 of this instant covenant which are being mentioned hereinafter concisely in the convenient view of study as-

1.     The inherent right to life and also this article-06 provides the death penalty in most serious crimes on the deprivation of the right to life.[1]

2.     The rights regarding prohibition of & protection from torture, cruelty, inhuman degrading treatment or punishment. Particularly no person shall be subjected to the medical or scientific examination without one’s free consent.[2]

3.     The rights in relation to the prohibition of slavery, slave & slavery trade in all forms & servitude.[3]

4.     The protection from forced or compulsory labour.[4]

5.     The rights with regard to liberty, security of persons and protection  from arbitrary arrest or detention[5]

6.     The rights in respect of the treatment with humanity to inherent dignity of human persons for all the persons deprived from their liberties.[6]

7.     The rights regarding juveniles for the separation from adults, their penitentiary system, treatment, reformation and rehabilitation.[7]

8.     The rights in relation to the prohibition of & protection from the imprisonment only on basis of inability for the fulfillment of a contractual obligation.[8]

9.     The rights with respect to the liberty of movement & freedom to choose the residence.[9] The right free to leave any country with the inclusion of his own.[10]

10.                         The rights regarding expulsion of an alien lawfully from the territory of the State party of this convent according to law except where the compelling reasons of the national security & the protection from the arbitrary expulsion of an alien.[11]

11.                         The rights regarding the equality before the courts or tribunals[12]

12.                         the right to fair & public hearing[13]

13.                         The right to presumption as innocent until proved guilty in accordance with law.[14]

14.                         The rights regarding entitlement of minimum guarantees with absolute equality about any criminal charge against the person to be informed forthwith & in details language which is understood by him & cause of the charge  against him.[15]

15.                         The right about the adequate time & facilities to prepare the defence and communication with the counsel of his own choice[16]

16.                         The right to be tried without undue delay [17]

17.                         The right to be tried in his presence.[18]

18.                        The right to defence himself, in person, or by legal practitioner of his own choice.[19]

19.                         the right to free legal aid on the basis of economical insufficient means or other disability[20]

20.                         the rights regarding examination of witnesses & their attendance[21] (xi)- the right to free assistance of an interpreter in case of understanding or unspeaking of the used language in Court[22]

21.                         the protection from self-incrimination[23]

22.                         The right to appeal against the conviction[24]

23.                        the protection from double jeopardy[25]

24.                        The right to compensation against final conviction or pardon according to law on the basis of new or newly discovered fact reveals conclusively that there has been a miscarriage of justice until or unless it is proved that the non-disclosure of known fact (s) in time is attributable to him entirely or partly.[26]

25.                         The protection from the retrospective effect or enforceability of laws.[27]

26.                         The right to recognition everywhere before the law as a person.[28]

27.                         Right to privacy & its protection[29]

28.                         The right to freedom of thoughts, conscience & religion.[30]

29.                         The right to freedom of holding opinion and expression.[31]

30.                         The prohibition of propagation for war.[32]

31.                         The right to peaceful assembly[33]

32.                         The rights with regard to freedom of association, right to form or join trade unions to protection his interest.[34]

33.                         The right to solemnize the marriage and make or found the family.[35]

34.                         The right of protection of children.[36]

35.                         The rights in connection with taking part in public affairs or by elected representatives, adult suffrage, votes, elections and others.[37]

36.                         The rights as equality before law and equal protection of laws.[38]

37.                         The rights of minorities[39]



[1]Article 06 of Ibid

[2]Article 07 of Ibid

[3]Article 08 of Ibid

[4] Article 08(3)(a) of Ibid

[5]Article 09 of Ibid

[6]Article 10 of Ibid

[7] Article 10(2)(b)(c) of Ibid

[8]Article 11 of Ibid

[9]Article 12 (1) of Ibid

[10]Article 12 (2) of Ibid

[11]Article 13 of Ibid

[12]Article 14 (1) of Ibid

[13]Article 14 (1) of Ibid

[14]Article 14 (2) of Ibid

[15]Article 14 (3) of Ibid

[16]Article 14 (3) (b) of Ibid

[17]Article 14 (3) (c) of Ibid

[18]Article 14 (3) (d) of Ibid

[19]Article 14 (3) (d) of Ibid

[20]Article 14 (3) (d) of Ibid

[21]Article 14 (3) (e) of Ibid

[22]Article 14 (3) (f) of Ibid

[23]Article 14 (3) (g) of Ibid

[24]Article 14 (5) of Ibid

[25]Article 14 (7) of Ibid

[26]Article 14 (6) of Ibid

[27]Article 15 of Ibid

[28]Article 16 of Ibid

[29]Article 17 of Ibid

[30]Article 18 of Ibid

[31]Article 19 of Ibid

[32]Article 20 of Ibid

[33]Article 21 of Ibid

[34]Article 22 of Ibid

[35]Article 23 of Ibid

[36]Article 24 of Ibid

[37]Article 25 of Ibid

[38]Article 26 of Ibid

[39]Article 27 of Ibid

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