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A House with Two Rooms - The Advocates for Human Rights

A House with Two Rooms - The Advocates for Human Rights

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• to the highest attainable standard of physical and mental health;<br />

• to an education and the enjoyment of the benefits of cultural freedom and scientific<br />

progress; and<br />

• recognition of protection and assistance to the family, in particular mothers, children, and<br />

young persons. 46<br />

<strong>The</strong> ICESCR contains a general limitation in article 4: recognizing “that, in the enjoyment of those<br />

rights provided by the State in con<strong>for</strong>mity <strong>with</strong> the present Covenant, the State may subject such<br />

rights only to such limitations as are determined by law only in so far as this may be compatible<br />

<strong>with</strong> the nature of these rights and solely <strong>for</strong> the purpose of promoting the general welfare in a<br />

democratic society.” Satisfying the general limitation is a difficult task. Otherwise, the only specific<br />

derogation allowed is provided in article 8(1)(a), (c) <strong>with</strong> respect to trade unions and allows <strong>for</strong><br />

limitations on this right as prescribed by law “which are necessary in a democratic society in the<br />

interests of national security or public order or <strong>for</strong> the protection of the rights and freedoms of<br />

others.” 47 Liberia ratified the ICESCR on September 22, 2004.<br />

iii. International Covenant on Civil and Political <strong>Rights</strong><br />

<strong>The</strong> International Covenant on Civil and Political <strong>Rights</strong> (ICCPR) went into effect on March 23,<br />

1976, and as of June 11, 2009, 164 states have ratified or acceded to the ICCPR. 48 <strong>The</strong> <strong>Human</strong><br />

<strong>Rights</strong> Committee monitors the implementation of the ICCPR. 49<br />

<strong>The</strong> ICCPR addresses the state’s responsibility <strong>for</strong> administering justice and maintaining the rule of<br />

law. <strong>The</strong> ICCPR is not “confined to the respect of human rights, but . . . States Parties have also<br />

undertaken to ensure the enjoyment of these rights to all individuals under their jurisdiction.” 50 States<br />

Parties have a legal duty to ensure that (1) domestic laws are modified where necessary in order to<br />

comply <strong>with</strong> the state’s international obligations, and (2) domestic laws are effectively implemented in<br />

practice by all public organs and officials, such as courts, prosecutors, police officers, prison officials,<br />

schools, the military, and hospitals. 51<br />

<strong>The</strong> ICCPR guarantees the following rights:<br />

• to life;<br />

• to freedom from torture or cruel, inhuman, or degrading treatment or punishment;<br />

• to freedom from slavery, servitude, or <strong>for</strong>ced labor;<br />

• to liberty and security of the person;<br />

• to liberty of movement and freedom to choose one’s residence;<br />

• to a fair hearing be<strong>for</strong>e an impartial tribunal;<br />

• to freedom from ex post facto laws;<br />

• to recognition as a person be<strong>for</strong>e the law;<br />

• to freedom of thought and expression;<br />

526

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