Fard Solicitors

International Covenant on Civil and Political Rights (ICCPR)

Freedom, Dignity and Civil Rights

What Is the International Covenant on Civil and Political Rights?

The International Covenant on Civil and Political Rights, commonly known as the ICCPR, is a core United Nations human rights treaty that protects individuals from serious abuses of power by the state. It focuses on safeguarding personal freedoms, human dignity, and legal protections that are essential to a free and just society.

The ICCPR places legally binding obligations on states to respect and protect civil and political rights. These rights are particularly important where governments restrict freedom, suppress dissent, or subject individuals to violence, detention, or unfair treatment.

The Aims of the ICCPR

The primary aim of the ICCPR is to ensure that states do not act arbitrarily or abusively towards individuals. It seeks to limit state power and protect people from unlawful interference with their lives, beliefs, and freedoms.

The ICCPR aims to:

  • Protect individuals from torture, violence, and inhuman treatment

  • Safeguard freedom of expression, belief, and political opinion

  • Prevent arbitrary arrest, detention, and punishment

  • Ensure access to fair trials and justice

  • Protect the right to life and personal liberty

Rights Protected Under the ICCPR

The ICCPR protects a wide range of fundamental civil and political rights, including the right to life, freedom from torture and cruel, inhuman or degrading treatment, freedom of expression, freedom of religion and belief, freedom of peaceful assembly, protection from arbitrary arrest or detention, the right to a fair trial, and the right to participate in public and political life.

These protections apply where individuals are targeted by the state because of who they are, what they believe, or how they express themselves

Who Can Seek Protection Under the ICCPR?

The ICCPR is particularly relevant to individuals who face persecution or serious harm as a result of state action or state tolerance of abuse.

This may include political activists and protesters, journalists, writers, academics, lawyers, and human rights defenders, individuals detained without due process, people punished for expressing political opinions or religious beliefs, and individuals facing imprisonment, violence, or severe mistreatment for opposing or criticising the authorities.

How the ICCPR Helps People in Practice

The ICCPR helps individuals by providing an international legal framework against which state conduct can be assessed. Where a state fails to comply with its obligations under the ICCPR, this can demonstrate that a person faces a real risk of serious harm if returned to that country.

In practice, ICCPR protections are frequently relied upon to show that imprisonment, torture, unfair trials, or persecution are likely on return, and that removal would expose an individual to a serious human rights violation.

How the ICCPR Is Applied in the UK

Although the ICCPR is an international treaty, its principles play a significant role in UK legal proceedings. UK courts and decision-makers regularly consider ICCPR rights when assessing asylum applications, human rights-based immigration claims, appeals against refusal or deportation, and cases involving risk on return.

The ICCPR also informs the interpretation of the European Convention on Human Rights and UK human rights law, particularly in cases involving freedom of expression, unlawful detention, and protection from torture or inhuman treatment.

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