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An evaluation comparing and contrasting the international covenant of economic, social and cultural rights with the international covenant on civil and political rights

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Todd B.
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  1. Introduction
  2. Central purpose
  3. Similarities in the content
  4. Similarities in implementation
  5. Differences in content
    1. ICESCR
    2. ICCPR
  6. Differences in implementation
    1. ICESCR
    2. ICCPR
  7. Conclusion

The central purposes of the International Covenant on Economic, Social, and Cultural Rights and the International Covenant for Civil and Political Rights have many things in common as they work together to form the backbone of the International Bill of Rights. The two Covenants were created so that the general principals set forth in the Universal Declaration of Human Rights could be inscribed in binding treaties. Nevertheless, an evaluation of both the form and various approaches in implementing their prospective concepts of human rights shows that some distinctions can be made between the two documents. Their particular qualities are perhaps why two separate Covenants were created.

[...] ICCPR In contrast to the ?progressive? approach of the International Covenant on Economic, Social, and Cultural Rights, the International Covenant on Civil and Political Rights requires States to immediately implement and comply with its provisions. States are under a legal and ethical obligation to take measures to abide by all of the rights of the ICCPR. Perhaps this is why the United States took reservations to so many of the provisions during its 1992 ratification process. These include Article 6's prohibition of the death penalty for those who commit crimes as juveniles and that the ?self-executing? idea of the rights could not be guaranteed. [...]


[...] Similarities in Implementation What is perhaps most common implementation feature of the International Covenant on Civil and Political Rights with the International Covenant on Economic, Social, and Cultural Rights is that their ideas and provisions must be adopted and executed by the member States. Each Covenant is only as influential as States allow them. In other words, their power is directly related to how much the parties follow their proposals. If States do not adhere to their principles, they will only have a minimal sort of influence. [...]


[...] ICCPR The International Covenant on Civil and Political Rights explains that all human beings should enjoy an equality of rights between men and women. The member States are to ensure the equal enjoyment of rights without any discrimination. Parties are to take steps to prohibit discrimination in both the public and private sectors. Due to the deeply imbedded tradition of inequality in the enjoyment of rights by women, the ICCPR explains the necessity of focus on equality of gender rights. [...]

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