54.
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Conceptually we draw a distinction between the rights contained in the ICCPR and those in the ICESCR. The latter are collective rights and the primary obligation of States Parties is to achieve progressively the full realization of the rights. There is no obligation on a
State Party, as there is under the ICCPR, to guarantee individual rights and make sure that when those rights have been violated there is an effective remedy available to the
individual.
55.
in the Practically, many of the rights contained in ICESCR are not capable of precise legal definition (.e.g the right to take part in cultural life). Many more will be indirectly made justiciable by virtue of ICCPR rights e.g. the rights to freedom of thought and freedom of expression (Articles 15 and 16) will provide protection for academic freedom. Although there are some
some rights which will not be covered by the ICCPR and which could be made justiciable, identification of these rights would have entailed extensive research and consultation. have necessarily been a prolonged debate about which rights should be included and which excluded. This would have
delayed
the drafting of a Bill of Rights. In this connection we note that the Leg Co Ad Hoc Group has accepted that the Bill of Rights should incorporate only the rights enshrined in the ICCPR.
We
have therefore included only the ICCPR rights in the BOR.
significantly very
There would
New Territories Policies
56.
that
The Heung Yee Kuk has made a strong representation the traditional rights and privileges of the
indigenous population in the New Territories should be exempted from the application of the BOR.
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