Indivisibility of human rights: Unifying the two Human Rights Covenants?

05-11-2018

This year we celebrate 70 years since the adoption of the Universal Declaration of Human Rights. The Declaration, adopted on 10 December 1948 in Paris by the United Nations General Assembly, expressed an idea that was revolutionary at the time: human rights are universal, indivisible and inter-dependant, and the international community has an obligation to ensure protection of those rights. The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were intended to provide a legally binding codification of the rights listed in the Declaration. Initially drafted in 1954 as a single document, they were opened for signature and ratification separately, in 1966, and came into force in 1976, during the Cold War. In the light of the United Nations General Assembly’s 31 May 2018 mandate for reforms – aimed at simplifying, addressing fragmentation, and improving transparency and accountability – more and more stakeholders ask whether it is time to end the Cold War-era ideological division between civil and political rights, on the one hand, and economic, social and cultural rights, on the other. Apart from all United Nations' member states ratifying and implementing both covenants, a further step could be to codify the two Covenants in a single document, thereby emphasising their indivisibility and overcoming fragmentation.

This year we celebrate 70 years since the adoption of the Universal Declaration of Human Rights. The Declaration, adopted on 10 December 1948 in Paris by the United Nations General Assembly, expressed an idea that was revolutionary at the time: human rights are universal, indivisible and inter-dependant, and the international community has an obligation to ensure protection of those rights. The International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) were intended to provide a legally binding codification of the rights listed in the Declaration. Initially drafted in 1954 as a single document, they were opened for signature and ratification separately, in 1966, and came into force in 1976, during the Cold War. In the light of the United Nations General Assembly’s 31 May 2018 mandate for reforms – aimed at simplifying, addressing fragmentation, and improving transparency and accountability – more and more stakeholders ask whether it is time to end the Cold War-era ideological division between civil and political rights, on the one hand, and economic, social and cultural rights, on the other. Apart from all United Nations' member states ratifying and implementing both covenants, a further step could be to codify the two Covenants in a single document, thereby emphasising their indivisibility and overcoming fragmentation.