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5.
The article 2, paragraph 1, obligation to respect and ensure the rights recognized by in
the Covenant has immediate effect for all States parties. Article 2, paragraph 2, provides the
overarching framework within which the rights specified in the Covenant are to be promoted
and protected.
The Committee has as a consequence previously indicated in its General
Comment 24 that reservations to article 2, would be incompatible with the Covenant when
considered in the light of its objects and purposes.
6.
The legal obligation under article 2, paragraph 1, is both negative and positive in nature.
States Parties must refrain from violation of the rights recognized by the Covenant, and any
restrictions on any of those rights must be permissible under the relevant provisions of the
Covenant. Where such restrictions are made, States must demonstrate their necessity and only
take such measures as are proportionate to the pursuance of legitimate aims in order to ensure
continuous and effective protection of Covenant rights. In no case may the restrictions be
applied or invoked in a manner that would impair the essence of a Covenant right.
7.
Article 2 requires that States Parties adopt legislative, judicial, administrative, educative
and other appropriate measures in order to fulfil their legal obligations.
The Committee
believes that it is important to raise levels of awareness about the Covenant not only among
public officials and State agents but also among the population at large.
8.
The article 2, paragraph 1, obligations are binding on States [Parties] and do not, as
such, have direct horizontal effect as a matter of international law. The Covenant cannot be
viewed as a substitute for domestic criminal or civil law. However the positive obligations on
States Parties to ensure Covenant rights will only be fully discharged if individuals are protected
by the State, not just against violations of Covenant rights by its agents, but also against acts
committed by private persons or entities that would impair the enjoyment of Covenant rights in
so far as they are amenable to application between private persons or entities. There may be
circumstances in which a failure to ensure Covenant rights as required by article 2 would give
rise to violations by States Parties of those rights, as a result of States Parties’ permitting or
failing to take appropriate measures or to exercise due diligence to prevent, punish, investigate
or redress the harm caused by such acts by private persons or entities. States are reminded of the
interrelationship between the positive obligations imposed under article 2 and the need to
provide effective remedies in the event of breach under article 2, paragraph 3. The Covenant