A House with Two Rooms - The Advocates for Human Rights

• to peaceful assembly;
• to association;
• to marriage;
• to participate in government; and
• to a nationality. 52
527
Appendix B
The ICCPR also prohibits, among other things, war propaganda and advocacy of national, racial, or
religious hatred constituting incitement to discrimination, hostility, or violence. 53
The ICCPR has two Optional Protocols. 54 The first establishes the procedure for dealing with
communications (i.e., complaints) from individuals claiming to be victims of the violation of any
right set out in the ICCPR. 55 The second abolishes the death penalty. 56
Unlike the UDHR and the ICESCR, the ICCPR authorizes a state to suspend the enjoyment of
certain rights in times of an officially declared public emergency that threatens the life of the
nation. 57 Such limitations are permitted only to the extent that they are prescribed by law and strictly
necessary under the circumstances. 58 Furthermore, any suspension must be consistent with the
state’s other international legal obligations and cannot be for the purpose of discriminating on the
basis of race, color, sex, language, religion, or social origin. 59 Derogations also must be reported to
the United Nations. 60 Some provisions, however may never be suspended, such as the rights to life,
freedom from torture, slavery, ex post facto laws, recognition as a person before the law, and freedom
of thought and religion. 61 The right to access the courts may not be suspended to the extent that
a judicial system is required to enforce and protect these rights. For example, article 2(3) requires
Member States:
(a) To ensure that any person whose rights or freedoms as herein recognized are
violated shall have an effective remedy, notwithstanding that the violation has
been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto
determined by competent judicial, administrative or legislative authorities, or by
any other competent authority provided for by the legal system of the State, and
to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when
granted. 62
The rights provided in these universal international instruments must be enforced by domestic
legislation. It therefore follows that, before a state, or in certain circumstances an individual, may
enforce human rights instruments at the international level, all domestic enforcement avenues must
be exhausted unless they are unavailable or ineffective. Liberia ratified the ICCPR on September 24,
2004.