ACCTG 1 Lecture Notes - Lecture 19: Peremptory Norm, International Covenant On Civil And Political Rights, Cultural Appropriation
Document Summary
General comment no 31 (the nature of the sp" general legal obligation - iccpr) 2 scope of general obligations: art. 2(1) has immediate effect + no reservation to art. Only if permissible under the relevant provisions of the cov. States must demonstrate: necessity, proportionality, legitimate aim, state must protect individual against acts committed by 3rd parties, art. 6/7: right to an effective remedy may require provisional/interim measures to avoid continuing violations. General comment no 34 (hr committee art. 19(2: protects all forms of expression and the means of their dissemination, art. 19(3) - conditions subject to those restrictions may be imposed: provided by law, only for one of the grounds specified in the section. When a sp invokes a legitimate ground for restriction it must demonstrate the precise nature of the threat, by establishing a direct and immediate connection: necessity, proportionality. Least intrusive: obligations, sp should encourage an independent and diverse media.
