P Narumugai, LLM, Tamil Nadu National Law University
Abstract
The UDHR together with the ICCPR and its two optional protocols and the ICESCR, constitute the International Bill of Human Rights. The ICCPR and the ICESCR are regarded as the bearers of core human rights which emanate from the very body of a living person. Through the current research, the researcher has tried to jot down the various rights that emanate out of the ICCPR and ICESCR and the extent to which they have been incorporated into various constitutions. Special reference in this regard is placed to the Indian (Monist Nation) and US (Dualist Nation) Constitutions. The researcher has also discussed the degree of enforceability of these Covenants across monist and dualist jurisdictions. In the due course of the research, the researcher has also tried to identify the rationale behind the proper implementation of ICCPR across jurisdictions while there is a back lag in the implementation of the ICESCR. Justifications regarding the same are dealt with in the conclusions.
Keywords: UDHR, ICCPR, ICESCR, Monism, Dualism, Fundamental Rights, Human Rights
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