Where is R2P grounded in international law? Anne-Marie Judson A ...

that the present Covenant does not recognize such rights or that it recognizes them to
a lesser extent”. 315
PROHIBITED VIOLATIONS
The articles that are absolutely prohibited at all times include Article 6 which refers to
the right to life (Article 6(1), and the sentence of death may only be imposed for the
most serious of crimes in accordance with the law in force at the time of the
commission of the crime and not contrary to the provisions of this Covenant. (Article
6 (2). No state may derogate from any obligations assumed under the Convention on
the Prevention and Punishment of the Crime of Genocide (Article 6 (3). Anyone
sentenced to death may have the right to seek pardon, amnesty or commutation,
Article 6 (4). The sentence of death may not be imposed on those under the age of 18
or on women who are pregnant (Article 6 (5). Lastly this Covenant may not be used to
delay or prevent the abolition of capital punishment. 316
Under Article 7 it is a violation to subject anyone to torture, cruel, inhuman or
degrading treatment including being subjected without consent to medical or scientific
experimentation 317 and Article 7 provides for the protection against slavery. It is a
violation to subject anyone to slavery or the slave trade (para 1) and no one shall be
subjected to servitude (para 2). Article 11 provides for protection of imprisonment on
the grounds of an inability to pay or fulfil a contractual obligation. Article 15 holds
that it is a violation to hold someone guilty of a crime on account of any act or
omission that did not constitute a criminal offence under national or international law
at the time it was committed. It is also a violation to impose on someone a heavier
penalty than one that was applicable at the time when the criminal offence was
committed. Article 16 states it is a violation not to recognize every person a person
before the law. Article 18 protects freedom of thought, conscience and religion,
including the right to adopt a religion or belief of one’s choice and freedom either
individually, in community with others or in private or public, to manifest one’s
religion or belief in worship, observance, practice and teaching. Other prohibitions
under Article 18 include the right not to be subjected to coercion to impair one’s
315 See page 4
316 See page 4, part iii, articles 6 (1) to 6 (6)
317 See page 5
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