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General comment No. 26 (2022) on land and economic, social and cultural rights
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2023
- Document code
- E/C.12/GC/26
Document
General comment No. 26 (2023) on children’s rights and the environment, with a special focus on climate change*
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2023
- Document code
- CRC/C/GC/26
Document
General comment No. 1 (2023) on enforced disappearance in the context of migration
- Body
- Committee on Enforced Disappearances
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2023
- Document code
- CED/C/GC/1
Document
General comment No. 8 (2022) on the right of persons with disabilities to work and employment
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2022
- Document code
- CRPD/C/GC/8
Document
General recommendation No. 39 (2022) on the rights of Indigenous women and girls
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2022
- Document code
- CEDAW/C/GC/39
Document
General comment No. 25 (2021) on children’s rights in relation to the digital environment
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2021
- Document code
- CRC/C/GC/25
Document
General comment No. 25 (2020) on science and economic, social and cultural rights (article 15 (1) (b), (2), (3) and (4) of the International Covenant on Economic, Social and Cultural Rights)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2020
- Document code
- E/C.12/GC/25
Document
General comment No. 37 (2020) on the right of peaceful assembly
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2020
- Document code
- CCPR/C/GC/37
Document
General recommendation No. 36 (2020) on preventing and combating racial profiling by law enforcement officials
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2020
- Document code
- CERD/C/GC/36
Document
General recommendation No. 38 (2020) on trafficking in women and girls in the context of global migration
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2020
- Document code
- CEDAW/C/GC/38
Document
Article 6: right to life
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2019
- Document code
- CCPR/C/GC/36
Document
Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2019
- Document code
- CEDAW/C/GC/31/Rev.1
Document
General comment No. 24 (2019) on children’s rights in the child justice system
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2019
- Document code
- CRC/C/GC/24
Document
General comment No. 6 (2018) on equality and non- discrimination
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2018
- Document code
- CRPD/C/GC/6
Document
General comment No. 7 (2018) on the participation of persons with disabilities, including children with disabilities, through their representative organizations, in the implementation and monitoring of the Convention
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2018
- Document code
- CRPD/C/GC/7
Document
General recommendation No. 37 (2018) on the gender-related dimensions of disaster risk reduction in the context of climate change
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2018
- Document code
- CEDAW/C/GC/37
Document
General comment No. 4 (2017) on the implementation of article 3 of the Convention in the context of article 22
- Body
- Committee against Torture
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2018
- Document code
- CAT/C/GC/4
Document
Children in street situations
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CRC/C/GC/21
Document
Gender-based violence against women, updating general recommendation No. 19
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CEDAW/C/GC/35
Document
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ...
- Body
- Committee on Migrant Workers
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CMW/C/GC/3-CRC/C/GC/22
Document
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ...
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CMW/C/GC/3-CRC/C/GC/22
Document
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ...
- Body
- Committee on Migrant Workers
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CMW/C/GC/4-CRC/C/GC/23
Document
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ...
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CMW/C/GC/4-CRC/C/GC/23
Document
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- E/C.12/GC/24
Document
General comment No. 5 (2017) on living independently and being included in the community
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CRPD/C/GC/5
Document
General recommendation No. 36 (2017) on the right of girls and women to education
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2017
- Document code
- CEDAW/C/GC/36
Document
A1
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CEDAW/C/GC/31-CRC/C/GC/18
Document
A1
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CEDAW/C/GC/31-CRC/C/GC/18
Document
A1
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CEDAW/C/GC/31-CRC/C/GC/18
Document
The right to just and favourable conditions of work (Art. 7)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- E/C.12/GC/23
Document
The implementation of the rights of the child during adolescence
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CRC/C/GC/20
Document
Rights of rural women
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CEDAW/C/GC/34
Document
The right to sexual and reproductive health (Art. 12)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- E/C.12/GC/22
Document
The right to inclusive education
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CRPD/C/GC/4
Document
Public budgeting for the realization of children’s rights (art. 4)
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CRC/C/GC/19
Document
Women and girls with disabilities
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2016
- Document code
- CRPD/C/GC/3
Document
Women’s access to justice
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2015
- Document code
- CEDAW/C/GC/33
Document
B1 (HURIDOCS tests)
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2014
- Document code
- CEDAW/C/GC/31-CRC/C/GC/18
Document
Equal recognition before the law
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2014
- Document code
- CRPD/C/GC/1
Document
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2014
- Document code
- CEDAW/C/GC/32
Document
Accessibility
- Body
- Committee on the Rights of Persons with Disabilities
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2014
- Document code
- CRPD/C/GC/2
Document
Article 9: Liberty and security of person
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2014
- Document code
- CCPR/C/GC/35
Document
Harmful practices (joint General Recommendation with CEDAW)
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2014
- Document code
- CEDAW/C/GC/31-CRC/C/GC/18
Document
Harmful practices (joint General Recommendation with CRC)
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2014
- Document code
- CEDAW/C/GC/31-CRC/C/GC/18
Document
Combatting racist hate speech
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CERD/C/GC/35
Document
State obligations regarding the impact of the business sector on children’s rights
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CRC/C/GC/16
Document
The right of the child to have his or her best interest taken as a primary consideration
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CRC/C/GC/14
Document
Women in conflict prevention, conflict and post-conflict situations
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CEDAW/C/GC/30
Document
Rights of migrant workers in an irregular situation and members of their families
- Body
- Committee on Migrant Workers
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CMW/C/GC/2
Document
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CRC/C/GC/17
Document
The right of the child to the enjoyment of the highest attainable standard of health
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CRC/C/GC/15
Document
Economic consequences of marriage, family relations and their dissolution
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2013
- Document code
- CEDAW/C/GC/29
Document
Implementation of article 14 by States parties
- Body
- Committee against Torture
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2012
- Document code
- CAT/C/GC/3
Document
The right of the child to freedom from all forms of violence
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2011
- Document code
- CRC/C/GC/13
Document
Migrant domestic workers
- Body
- Committee on Migrant Workers
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2011
- Document code
- CMW/C/GC/1
Document
Article 19: Freedoms of opinion and expression
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2011
- Document code
- CCPR/C/GC/34
Document
Racial discrimination against people of African descent
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2011
- Document code
- CERD/C/GC/34
Document
Older women and protection of their human rights
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2010
- Document code
- CEDAW/C/GC/27
Document
Core obligations of States parties under article 2
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2010
- Document code
- CEDAW/C/GC/28
Document
Indigenous children and their rights under the Convention
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- CRC/C/GC/11
Document
Right of everyone to take part in cultural life (Art. 15, para. 1(a))
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- E/C.12/GC/21
Document
Follow-up to the Durban Review Conference
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- CERD/C/GC/33
Document
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- CCPR/C/GC/33
Document
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- CERD/C/GC/32
Document
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- E/C.12/GC/20
Document
The right of the child to be heard
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2009
- Document code
- CRC/C/GC/12
Document
Women migrant workers
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2008
- Document code
- CEDAW/C/2009/WP.1/R
Document
Implementation of article 2 by States parties
- Body
- Committee against Torture
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2008
- Document code
- CAT/C/GC/2
Document
The rights of children with disabilities
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2007
- Document code
- CRC/C/GC/9
Document
The right to social security (Art. 9)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2007
- Document code
- E/C.12/GC/19
Document
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2007
- Document code
- CCPR/C/GC/32
Document
Children’s rights in juvenile justice
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2007
- Document code
- CRC/C/GC/10
Document
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2006
- Document code
- CRC/C/GC/8
Document
Implementing child rights in early childhood
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2006
- Document code
- CRC/C/GC/7/REV.1
Document
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2005
- Document code
- CRC/GC/2005/6
Document
The right to work (Art. 6)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2005
- Document code
- E/C.12/GC/18
Document
The equal right of men and women to the enjoyment of all economic, social and cultural rights
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2005
- Document code
- E/C.12/2005/4
Document
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c))
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2005
- Document code
- E/C.12/GC/17
Document
Prevention of racial discrimination in the administration and functioning of the criminal justice system
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2004
Document
Discrimination against non-citizens
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2004
Document
Temporary special measures
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2004
Document
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2004
- Document code
- CCPR/C/21/Rev.1/Add.13
Document
Adolescent health and development in the context of the Convention of the Rights of the Child
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2003
- Document code
- CRC/GC/2003/4
Document
General Measures of Implementation of the Convention of the Rights of the Child
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2003
- Document code
- CRC/GC/2003/5
Document
HIV/AIDS and the rights of the children
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2003
- Document code
- CRC/GC/2003/3
Document
Article 40: Reporting Obligations of States parties
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2002
- Document code
- CCPR/C/21/Rev.2/Add.12
Document
The Role of Independent National Human Rights Institutions in the Protection and Promotion of the Rights of the Child
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2002
- Document code
- CRC/GC/2002/2
Document
The right to water (Art. 11 and 12)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2002
- Document code
- E/C.12/2002/11
Document
Follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2002
Document
Article 1, paragraph 1, of the Convention (Descent)
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2002
Document
Article 4: States of Emergency
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2001
- Document code
- CCPR/C/21/Rev.1/Add.11
Document
The aims of education
- Body
- Committee on the Rights of the Child
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2001
- Document code
- CRC/GC/2001/1
Document
Article 6 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2000
Document
Discrimination against Roma
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2000
Document
Gender-related dimensions of racial discrimination
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2000
Document
The right to the highest attainable standard of health (Art. 12)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2000
- Document code
- E/C.12/2000/4
Document
Article 3: The equality of rights between men and women - replaces GC No. 4
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 2000
- Document code
- CCPR/C/21/Rev.1/Add.10
Document
Article 12: Freedom of movement
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1999
- Document code
- CCPR/C/21/Rev.1/Add.9
Document
Plans of action for primary education (Art. 14)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1999
- Document code
- E/C.12/1999/4
Document
The right to adequate food (Art. 11)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1999
- Document code
- E/C.12/1999/5
Document
Article 1 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1999
Document
Women and health
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1999
Document
The right to education (Art. 13)
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1999
- Document code
- E/C.12/1999/10
Document
The domestic application of the Covenant
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1998
- Document code
- E/C.12/1998/24
Document
The role of national human rights institutions in the protection of economic, social and cultural rights
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1998
- Document code
- E/C.12/1998/24
Document
Forced evictions
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1997
- Document code
- E/C.12/1997/4
Document
Rights of indigenous peoples
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1997
Document
Political and public life
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1997
Document
The relationship between economic sanctions and respect for economic, social and cultural rights
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1997
- Document code
- E/C.12/1997/8
Document
Continuity of obligations
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1997
- Document code
- CCPR/C/21/Rev.1/Add.8/Rev.1
Document
Article 25: The right to participate in public affairs, voting rights and the right of equal access to public service
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1996
- Document code
- CCPR/C/21/Rev.1/Add.7
Document
Article 5 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1996
Document
Article 5 of the Convention on refugees and displaced persons
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1996
Document
Right to self-determination
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1996
Document
Article 3 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1995
Document
The economic, social and cultural rights of older persons
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1995
- Document code
- E/C.12/1995/16
Document
Amending article 20 of the Convention
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1995
Document
Article 27: The rights of minorities
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1994
- Document code
- CCPR/C/21/REV.1/ADD.5
Document
Persons with Disabilities
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1994
- Document code
- E/C.12/1994/13
Document
Establishment of an international tribunal to prosecute crimes against humanity
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1994
Document
Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1994
- Document code
- CCPR/C/21/Rev.1/Add.6
Document
Equality in marriage and family relations
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1994
Document
Article 18: The right to freedom of thought, conscience and religion
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
- Document code
- CCPR/C/21/REV.1/ADD.4
Document
Non-citizens
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Successor States
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Article 4 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Establishment of national institutions to facilitate the implementation of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Training of law enforcement officials in the protection of human rights
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Application of article 9 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Article 1, paragraph 1, of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Article 10: Humane treatment of persons deprived of their liberty - replaces general comment 9 (Annex VI, B)
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1993
Document
Reservations to the Convention
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1992
Document
Violence against women
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1992
Document
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1992
Document
Unpaid women workers in rural and urban family enterprises
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1992
- Document code
- A/46/38
Document
The right to adequate housing
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1991
Document
Technical assistance
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1991
Document
Disabled Women
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1991
- Document code
- A/46/38
Document
Measurement and quantification of the unremunerated domestic activities of women and their recognition in the gross national product
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1991
- Document code
- A/46/38
Document
Article 23: Protection of the Family, the Right to Marriage and Equality of the Spouses
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
Document
Interpretation and application of article 1, paragraphs 1 and 4 of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
Document
Technical advisory services for reporting obligations
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
- Document code
- A/45/38
Document
Avoidance of discrimination against women in national strategies for the prevention and control of acquired immunodeficiency syndrome (AIDS)
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
- Document code
- A/45/38
Document
Female circumcision
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
- Document code
- A/45/38
Document
Application of article 8, paragraph 1, of the Convention
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
Document
International technical assistance measures
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
Document
The nature of States parties’ obligations
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1990
Document
Article 24: Rights of the child
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1989
Document
Non-discrimination
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1989
Document
Equal remuneration for work of equal value
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1989
- Document code
- A/45/38
Document
Violence against women
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1989
- Document code
- A/45/38
Document
Tenth anniversary of the adoption of CEDAW
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1989
- Document code
- A/45/38
Document
Statistical data
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1989
- Document code
- A/45/38
Document
Reporting by States Parties
- Body
- Committee on Economic, Social and Cultural Rights
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1989
Document
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1988
Document
Effective national machinery and publicity
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1988
- Document code
- A/43/38
Document
Temporary special measures
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1988
- Document code
- A/43/38
Document
Implementation of article 8 of the Convention
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1988
- Document code
- A/43/38
Document
Resources
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1988
- Document code
- A/43/38
Document
Education and public information programme
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1987
Document
Reporting guidelines
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1987
Document
Reservations
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1987
Document
The position of aliens under the Covenant
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1986
Document
Reporting by States parties
- Body
- Committee on the Elimination of Discrimination against Women
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1986
- Document code
- A/41/38
Document
Article 6: The right to life
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1985
Document
Implementation of article 4
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1985
Document
Article 14: Administration of justice
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1984
Document
Article 1: The right to self-determination of peoples
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1984
Document
Article 19: Freedom of opinion and expression
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1983
Document
Article 20: Prohibition of propaganda for war and inciting national, racial or religious hatred
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1983
Document
Article 10: Humane treatment of persons deprived of liberty
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1982
Document
Article 6: The right to life
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1982
Document
Overdue reports
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1982
Document
Article 7: Torture or cruel, inhuman or degrading treatment or punishment - replaced by GC No. 20
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1982
Document
Article 9: Right to liberty and security of persons
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1982
Document
Article 3: Equal right of men and women to the enjoyment of all civil and political rights - replaced by GC No. 28
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1981
Document
Article 2: Implementation at the national level - replaced by GC No. 31
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1981
Document
Reporting guidelines - superseded by CCPR/C/66/GUI, 1999
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1981
Document
Article 4: Derogations
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1981
Document
Reporting Obligation - replaced by GC No. 30
- Body
- Human Rights Committee
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1981
Document
Reporting by States parties (article 7 of the Convention)
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1977
Document
Reporting by States parties (article 1 of the Convention)
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1973
Document
States parties’ obligations
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1972
Document
Reporting by States parties
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1972
Document
States parties’ obligations (article. 4 of the Convention)
- Body
- Committee on the Elimination of Racial Discrimination
- Legal status
- Non-negotiated soft law
- Document type
- General Comment / Recommendation
- Year
- 1972
Document
Implementation of article 14 by States parties 2012, para. 25
- Paragraph text
- Securing the victim's right to redress requires that a State party's competent authorities promptly, effectively and impartially investigate and examine the case of any individual who alleges that she or he has been subjected to torture or ill-treatment. Such an investigation should include as a standard measure an independent physical and psychological forensic examination as provided for in the Istanbul Protocol. Undue delays in initiating or concluding legal investigations into complaints of torture or ill-treatment compromise victims' rights under article 14 to obtain redress, including fair and adequate compensation and the means for as full rehabilitation as possible.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Implementation of article 14 by States parties 2012, para. 26
- Paragraph text
- Notwithstanding the evidentiary benefits to victims afforded by a criminal investigation, a civil proceeding and the victim's claim for reparation should not be dependent on the conclusion of a criminal proceeding. The Committee considers that compensation should not be unduly delayed until criminal liability has been established. Civil liability should be available independently of criminal proceedings and the necessary legislation and institutions for such purpose should be in place. If criminal proceedings are required by domestic legislation to take place before civil compensation can be sought, then the absence of or undue delay in those criminal proceedings constitutes a failure on the part of the State party to fulfil its obligations under the Convention. Disciplinary action alone shall not be regarded as an effective remedy within the meaning of article 14.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Implementation of article 14 by States parties 2012, para. 42
- Paragraph text
- Similarly, granting immunity, in violation of international law, to any State or its agents or to non-State actors for torture or ill-treatment, is in direct conflict with the obligation of providing redress to victims. When impunity is allowed by law or exists de facto, it bars victims from seeking full redress as it allows the violators to go unpunished and denies victims full assurance of their rights under article 14. The Committee affirms that under no circumstances may arguments of national security be used to deny redress for victims.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Implementation of article 14 by States parties 2012, para. 45
- Paragraph text
- States parties shall establish a system to oversee, monitor, evaluate, and report on their provision of redress measures and necessary rehabilitation services to victims of torture or ill-treatment. Accordingly, States parties should include in their reports to the Committee data disaggregated by age, gender, nationality, and other key factors regarding redress measures afforded to victims of torture or ill-treatment, in order to meet their obligation as recalled in general comment No. 2 to provide continual evaluation of their efforts to provide redress to victims.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Implementation of article 14 by States parties 2012, para. 30
- Paragraph text
- Judicial remedies must always be available to victims, irrespective of what other remedies may be available, and should enable victim participation. States parties should provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary resources to bring complaints and to make claims for redress. States parties shall also make readily available to the victims all evidence concerning acts of torture or ill-treatment upon the request of victims, their legal counsel, or a judge. A State party's failure to provide evidence and information, such as records of medical evaluations or treatment, can unduly impair victims' ability to lodge complaints and to seek redress, compensation and rehabilitation.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Article 3: Equal right of men and women to the enjoyment of all civil and political rights - replaced by GC No. 28 1981, para. 2
- Paragraph text
- Firstly, article 3, as articles 2 (1) and 26 insofar as those articles primarily deal with the prevention of discrimination on a number of grounds, among which sex is one, requires not only measures of protection but also affirmative action designed to ensure the positive enjoyment of rights. This cannot be done simply by enacting laws. Hence, more information has generally been required regarding the role of women in practice with a view to ascertaining what measures, in addition to purely legislative measures of protection, have been or are being taken to give effect to the precise and positive obligations under article 3 and to ascertain what progress is being made or what factors or difficulties are being met in this regard.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- Men
- Women
- Year
- 1981
- Year
- Item does not have this property
Paragraph
Article 9: Right to liberty and security of persons 1982, para. 1
- Paragraph text
- Article 9 which deals with the right to liberty and security of persons has often been somewhat narrowly understood in reports by States parties, and they have therefore given incomplete information. The Committee points out that paragraph 1 is applicable to all deprivations of liberty, whether in criminal cases or in other cases such as, for example, mental illness, vagrancy, drug addiction, educational purposes, immigration control, etc. It is true that some of the provisions of article 9 (part of paragraph 2 and the whole of paragraph 3) are only applicable to persons against whom criminal charges are brought. But the rest, and in particular the important guarantee laid down in paragraph 4, i.e. the right to control by a court of the legality of the detention, applies to all persons deprived of their liberty by arrest or detention. Furthermore, States parties have in accordance with article 2 (3) also to ensure that an effective remedy is provided in other cases in which an individual claims to be deprived of his liberty in violation of the Covenant.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 1982
- Year
- Item does not have this property
Paragraph
Implementation of article 14 by States parties 2012, para. 46c
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The rehabilitation facilities available to victims of torture or ill-treatment and the accessibility thereof, as well as the budget allocation for rehabilitation programmes and the number of victims who have received rehabilitative services appropriate to their needs;
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- N.A.
- Year
- 2012
- Year
- Item does not have this property
Paragraph
Discrimination against Roma 2000, para. 34
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To initiate and implement programmes and projects in the field of health for Roma, mainly women and children, having in mind their disadvantaged situation due to extreme poverty and low level of education, as well as to cultural differences; to involve Roma associations and communities and their representatives, mainly women, in designing and implementing health programmes and projects concerning Roma groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Discrimination against Roma 2000, para. 35
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To prevent, eliminate and adequately punish any discriminatory practices concerning the access of members of the Roma communities to all places and services intended for the use of the general public, including restaurants, hotels, theatres and music halls, discotheques and others.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Follow-up to the Durban Review Conference 2009, para. 1f
- Paragraph text
- [Recommends that the States parties to the International Convention on the Elimination of Racial Discrimination:] Be mindful that their response to the current financial and economic crisis should not lead to a situation which would increase poverty and underdevelopment and, potentially, a rise in racism, racial discrimination, xenophobia and related intolerance against foreigners, immigrants, indigenous peoples, persons belonging to minorities and other particularly vulnerable groups all over the world;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2009
- Year
- Item does not have this property
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 2
- Paragraph text
- The general recommendation is based on the Committee's extensive repertoire of practice referring to special measures under the Convention. Committee practice includes the concluding observations on the reports of States parties to the Convention, communications under article 14, and earlier general recommendations, in particular general recommendation No. 8 (1990) on article 1, paragraphs 1 and 4, of the Convention, as well as general recommendation No. 27 (2000) on Discrimination against Roma and general recommendation No. 29 (2002) on article 1, paragraph 1, of the Convention (Descent), both of which make specific reference to special measures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
- Year
- Item does not have this property
Paragraph
Implementation of article 14 by States parties 2012, para. 46l
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party's evaluation of the effectiveness of such protection.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
- Year
- Item does not have this property
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 20
- Paragraph text
- By employing the phrase "shall not be deemed racial discrimination", article 1, paragraph 4, of the Convention makes it clear that special measures taken by States parties under the terms of the Convention do not constitute discrimination, a clarification reinforced by the travaux préparatoires of the Convention which record the drafting change from "should not be deemed racial discrimination" to "shall not be deemed racial discrimination". Accordingly, special measures are not an exception to the principle of non-discrimination but are integral to its meaning and essential to the Convention project of eliminating racial discrimination and advancing human dignity and effective equality.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2009
- Year
- Item does not have this property
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 21
- Paragraph text
- In order to conform to the Convention, special measures do not amount to discrimination when taken for the "sole purpose" of ensuring equal enjoyment of human rights and fundamental freedoms. Such a motivation should be made apparent from the nature of the measures themselves, the arguments used by the authorities to justify the measures and the instruments designed to put the measures into effect. The reference to "sole purpose" limits the scope of acceptable motivations for special measures within the terms of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
- Year
- Item does not have this property
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 22
- Paragraph text
- The notion of "adequate advancement" in article 1, paragraph 4, implies goal-directed programmes which have the objective of alleviating and remedying disparities in the enjoyment of human rights and fundamental freedoms affecting particular groups and individuals, protecting them from discrimination. Such disparities include but are not confined to persistent or structural disparities and de facto inequalities resulting from the circumstances of history that continue to deny to vulnerable groups and individuals the advantages essential for the full development of the human personality. It is not necessary to prove "historic" discrimination in order to validate a programme of special measures; the emphasis should be placed on correcting present disparities and on preventing further imbalances from arising.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
- Year
- Item does not have this property
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 24
- Paragraph text
- Although the Convention designates "racial or ethnic groups or individuals requiring … protection" (article 1, paragraph 4), and "racial groups or individuals belonging to them" (article 2, paragraph 2), as the beneficiaries of special measures, the measures shall in principle be available to any group or person covered by article 1 of the Convention, as clearly indicated by the travaux préparatoires of the Convention, as well as by the practice of States parties and the relevant concluding observations of the Committee.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2009
- Year
- Item does not have this property
Paragraph
Discrimination against Roma 2000, para. 31
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To act firmly against any discriminatory practices affecting Roma, mainly by local authorities and private owners, with regard to taking up residence and access to housing; to act firmly against local measures denying residence to and unlawful expulsion of Roma, and to refrain from placing Roma in camps outside populated areas that are isolated and without access to health care and other facilities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2000
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 14
- Paragraph text
- By the end of its thirteenth session, the Committee and its predecessor, the Sessional Working Group of Governmental Experts, had examined 153 initial reports, 71 second periodic reports and 25 global reports on articles 1 to 15 of the Covenant. This work made it possible to identify many of the problems that may be encountered in implementing the Covenant in a considerable number of States parties representing all the regions of the world and having different political, socio-economic and cultural systems. The reports examined to date have not provided any information in a systematic way on the situation of older persons as regards compliance with the Covenant, apart from information, of varying completeness, on the implementation of article 9 relating to the right to social security.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 33
- Paragraph text
- Recommendations 19 to 24 of the International Plan of Action on Ageing emphasize that housing for the elderly must be viewed as more than mere shelter and that, in addition to the physical, it has psychological and social significance which should be taken into account. Accordingly, national policies should help elderly persons to continue to live in their own homes as long as possible, through the restoration, development and improvement of homes and their adaptation to the ability of those persons to gain access to and use them (recommendation 19). Recommendation 20 stresses the need for urban rebuilding and development planning and law to pay special attention to the problems of the ageing, assisting in securing their social integration. Recommendation 22 draws attention to the need to take account of the functional capacity of the elderly in order to provide them with a better living environment and facilitate mobility and communication through the provision of adequate means of transport.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Year
- Item does not have this property
Paragraph
Persons with Disabilities 1994, para. 31
- Paragraph text
- Women with disabilities also have the right to protection and support in relation to motherhood and pregnancy. As the Standard Rules state, "persons with disabilities must not be denied the opportunity to experience their sexuality, have sexual relationships and experience parenthood". The needs and desires in question should be recognized and addressed in both the recreational and the procreational contexts. These rights are commonly denied to both men and women with disabilities worldwide. Both the sterilization of, and the performance of an abortion on, a woman with disabilities without her prior informed consent are serious violations of article 10 (2).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons with disabilities
- Women
- Year
- 1994
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 9
- Paragraph text
- The terminology used to describe older persons varies considerably, even in international documents. It includes: "older persons", "the aged", "the elderly", "the third age", "the ageing" and, to denote persons more than 80 years of age, "the fourth age". The Committee has opted for "older persons" (in French, personnes âgées; in Spanish, personas mayores), the term employed in General Assembly resolutions 47/5 and 48/98. According to the practice in the United Nations statistical services, these terms cover persons aged 60 and above. (The statistical service of the European Union, Eurostat, considers "older persons" to mean persons aged 65 or above, since 65 is the most common age of retirement and the trend is towards later retirement still.)
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 10
- Paragraph text
- The International Covenant on Economic, Social and Cultural Rights does not contain any explicit reference to the rights of older persons, although article 9, dealing with "the right of everyone to social security, including social insurance", implicitly recognizes the right to old-age benefits. Nevertheless, in view of the fact that the Covenant's provisions apply fully to all members of society, it is clear that older persons are entitled to enjoy the full range of rights recognized in the Covenant. This approach is also fully reflected in the International Plan of Action on Ageing. Moreover, in so far as respect for the rights of older persons requires special measures to be taken, States parties are required by the Covenant to do so to the maximum of their available resources.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Year
- 1995
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 12
- Paragraph text
- This is not determinative of the matter, however, since the prohibition of discrimination on the grounds of "other status" could be interpreted as applying to age. The Committee notes that, while it may not yet be possible to conclude that discrimination on the grounds of age is comprehensively prohibited by the Covenant, the range of matters in relation to which such discrimination can be accepted is very limited. Moreover, it must be emphasized that the unacceptableness of discrimination against older persons is underlined in many international policy documents and is confirmed in the legislation of the vast majority of States. In the few areas in which discrimination continues to be tolerated, such as in relation to mandatory retirement ages or access to tertiary education, there is a clear trend towards the elimination of such barriers. The Committee is of the view that States parties should seek to expedite this trend to the greatest extent possible.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Older persons
- Year
- 1995
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 13
- Paragraph text
- Accordingly, the Committee on Economic, Social and Cultural Rights is of the view that States parties to the Covenant are obligated to pay particular attention to promoting and protecting the economic, social and cultural rights of older persons. The Committee's own role in this regard is rendered all the more important by the fact that, unlike the case of other population groups such as women and children, no comprehensive international convention yet exists in relation to the rights of older persons and no binding supervisory arrangements attach to the various sets of United Nations principles in this area.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 1995
- Year
- Item does not have this property
Paragraph
Persons with Disabilities 1994, para. 35
- Paragraph text
- School programmes in many countries today recognize that persons with disabilities can best be educated within the general education system. Thus the Standard Rules provide that "States should recognize the principle of equal primary, secondary and tertiary educational opportunities for children, youth and adults with disabilities, in integrated settings". In order to implement such an approach, States should ensure that teachers are trained to educate children with disabilities within regular schools and that the necessary equipment and support are available to bring persons with disabilities up to the same level of education as their non disabled peers. In the case of deaf children, for example, sign language should be recognized as a separate language to which the children should have access and whose importance should be acknowledged in their overall social environment.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Youth
- Year
- 1994
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 19
- Paragraph text
- In this context, attention may be drawn to Global target No. 1, adopted by the General Assembly in 1992, which calls for the establishment of national support infrastructures to promote policies and programmes on ageing in national and international development plans and programmes. In this regard, the Committee notes that one of the United Nations Principles for Older Persons which Governments were encouraged to incorporate into their national programmes is that older persons should be able to form movements or associations of older persons.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Health
- Person(s) affected
- Older persons
- Year
- 1995
- Year
- Item does not have this property
Paragraph
The economic, social and cultural rights of older persons 1995, para. 20
- Paragraph text
- In accordance with article 3 of the Covenant, by which States parties undertake "to ensure the equal right of men and women to the enjoyment of all economic, social and cultural rights", the Committee considers that States parties should pay particular attention to older women who, because they have spent all or part of their lives caring for their families without engaging in a remunerated activity entitling them to an old-age pension, and who are also not entitled to a widow's pension, are often in critical situations.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Older persons
- Women
- Year
- 1995
- Year
- Item does not have this property
Paragraph
Migrant domestic workers 2011, para. 62d (i)
- Paragraph text
- [While the States of employment have the primary responsibility to protect the rights of migrant domestic workers, embassies and consulates of States of origin should play an active role in protecting the rights of their nationals employed as migrant domestic workers. In particular, embassies and consulates of countries of origin that are present in countries where migrant domestic workers are employed are encouraged, in coordination with the authorities in the countries of employment, to:] [Receive, record and report information that can be useful to migrant domestic workers in the country of employment as well as to prospective migrant workers back home regarding:] Actual country and employment conditions;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Year
- Item does not have this property
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 29
- Paragraph text
- Article 1, paragraph 4, of the Convention is essentially a clarification of the meaning of discrimination when applied to special measures. Article 2, paragraph 2, carries forward the special measures concept into the realm of obligations of States parties, along with the text of article 2 as a whole. Nuances of difference in the use of terms in the two paragraphs do not disturb their essential unity of concept and purpose.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
- Year
- Item does not have this property
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 2
- Paragraph text
- As a deterrent for migrant workers and members of their families in an irregular situation to enter or stay on their territory, States increasingly resort to repressive measures, such as criminalization of irregular migration, administrative detention and expulsion. Criminalization of irregular migration fosters and promotes public perceptions that migrant workers and members of their families in an irregular situation are "illegal", second-class individuals, or unfair competitors for jobs and social benefits, thereby fuelling anti-immigration public discourses, discrimination and xenophobia. Moreover, migrant workers and members of their families in an irregular situation generally live in fear of being reported to the immigration authorities by public service providers or other officials, or by private individuals, which limits their access to fundamental human rights, as well as their access to justice, and makes them more vulnerable to labour and other types of exploitation and abuse.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 3
- Paragraph text
- The term "migrant workers in an irregular situation" is defined in article 5 of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (the Convention), which specifies that migrant workers or members of their families are considered as non-documented or in an irregular situation if they are not authorized to enter, to stay or to engage in a remunerated activity in the State of employment pursuant to the law of that State and to international agreements to which it is a party.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 5
- Paragraph text
- The situation of migrant workers may be irregular either because they have entered the State of employment in an unauthorized way and are thus not authorized to stay, reside or work in that State, or because they overstay the period or otherwise violate the conditions of their authorized stay. Regular migrants may also lose their status through no fault of their own due to illness or other unforeseen circumstances affecting them or family members. The Committee emphasizes that whatever the modalities of their stay, migrant workers can never be deprived of their fundamental rights, as protected under Part III of the Convention, by virtue of their irregular situation.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 6
- Paragraph text
- Part III of the Convention protects the rights of all migrant workers and members of their families, including those in an irregular situation. Most of the rights protected in Part III are common to a host of international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. Among the civil and political rights protected in Part III, the right of migrant workers to liberty and security of person (art. 16) and the right of migrant workers deprived of their liberty to be treated with humanity (art. 17) have been contextualized, taking into account the situation of this group of rights-holders. Specific rights of migrant workers that are either not explicitly protected in other human rights treaties include their protection against unauthorized confiscation or destruction of personal documents (art. 21), procedural safeguards in individual expulsion proceedings (art. 22) and the right to have recourse to consular or diplomatic protection and assistance (art. 23). Among the economic, social and cultural rights of all migrant workers, the right to respect for their cultural identity (art. 31) and the right to transfer their earnings and savings upon termination of their stay in the State of employment (art. 32) are Convention-specific. In addition, Part III provides for information rights (art. 33) and affirms the obligation of all migrant workers and members of their families to comply with the laws of the State of employment or transit (art. 34).
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 7
- Paragraph text
- The Committee notes that the Convention provides only for a minimum standard of protection. Article 81, paragraph 1, states that nothing shall prevent States parties from granting more favourable rights or freedoms than those set out in the Convention to migrant workers and members of their families, including those in an irregular situation, by virtue of the law and practice of, or any bilateral or multilateral treaty in force for, the State party concerned. The Committee is of the view that a State's obligation under the Convention must be read with respect to the core human rights treaties and other relevant international instruments to which it is a party. Although separate and freestanding, these treaties are complementary and mutually reinforcing.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Rights of migrant workers in an irregular situation and members of their families 2013, para. 8
- Paragraph text
- The rights guaranteed to migrants in an irregular situation in other international human rights treaties often have a wider scope than their counterparts in Part III of the Convention. These treaties also contain additional rights. The rights guaranteed in those treaties generally apply to everyone, including migrants and other non-nationals, without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, including immigration status.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Implementing child rights in early childhood 2006, para. 36c
- Paragraph text
- Refugees (art. 22). Young children who are refugees are most likely to be disoriented, having lost much that is familiar in their everyday surroundings and relationships. They and their parents are entitled to equal access to health care, education and other services. Children who are unaccompanied or separated from their families are especially at risk. The Committee offers detailed guidance on the care and protection of these children in general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2006
- Year
- Item does not have this property
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 2
- Paragraph text
- The Convention on the Rights of the Child and other international human rights instruments recognize the right of the child to respect for the child's human dignity and physical integrity and equal protection under the law. The Committee is issuing this general comment to highlight the obligation of all States parties to move quickly to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment of children and to outline the legislative and other awareness-raising and educational measures that States must take.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2006
- Year
- Item does not have this property
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 4
- Paragraph text
- The Committee has, from its earliest sessions, paid special attention to asserting children's right to protection from all forms of violence. In its examination of States parties' reports, and most recently in the context of the United Nations Secretary-General's study on violence against children, it has noted with great concern the widespread legality and persisting social approval of corporal punishment and other cruel or degrading punishment of children. Already in 1993, the Committee noted in the report of its fourth session that it "recognized the importance of the question of corporal punishment in improving the system of promotion and protection of the rights of the child and decided to continue to devote attention to it in the process of examining States parties' reports".
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2006
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 46
- Paragraph text
- [However, the Committee is concerned at the growing body of evidence indicating the extent to which these environments, as well as the amounts of time children spend interacting with them, can also contribute to significant potential risk and harm to children. For example:] Much of the media, particularly mainstream television, fail to reflect the language, cultural values and creativity of the diversity of cultures that exist across society. Not only does such monocultural viewing limit opportunities for all children to benefit from the potential breadth of cultural activity available, but it can also serve to affirm a lower value on non-mainstream cultures. Television is also contributing to the loss of many childhood games, songs, rhymes traditionally transmitted from generation to generation on the street and in the playground;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 46
- Paragraph text
- [However, the Committee is concerned at the growing body of evidence indicating the extent to which these environments, as well as the amounts of time children spend interacting with them, can also contribute to significant potential risk and harm to children. For example:] Growing dependence on screen-related activities is thought to be associated with reduced levels of physical activity among children, poor sleep patterns, growing levels of obesity and other related illnesses.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 36
- Paragraph text
- The Committee is also concerned at reports that corporal punishment and other cruel or degrading punishments are used in situations of child labour, including in the domestic context. The Committee reiterates that the Convention and other applicable human rights instruments protect the child from economic exploitation and from any work that is likely to be hazardous, interferes with the child's education, or is harmful to the child's development, and that they require certain safeguards to ensure the effective enforcement of this protection. The Committee emphasizes that it is essential that the prohibition of corporal punishment and other cruel or degrading forms of punishment must be enforced in any situations in which children are working.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Year
- 2006
- Year
- Item does not have this property
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 37
- Paragraph text
- Article 39 of the Convention requires States to take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of "any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment". Corporal punishment and other degrading forms of punishment may inflict serious damage to the physical, psychological and social development of children, requiring appropriate health and other care and treatment. This must take place in an environment that fosters the integral health, self-respect and dignity of the child, and be extended as appropriate to the child's family group. There should be an interdisciplinary approach to planning and providing care and treatment, with specialized training of the professionals involved. The child's views should be given due weight concerning all aspects of their treatment and in reviewing it.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Violence
- Person(s) affected
- Children
- Year
- 2006
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 48
- Paragraph text
- Girls: A combination of significant burdens of domestic responsibilities and sibling and family care, protective concerns on the part of parents, lack of appropriate facilities and cultural assumptions imposing limitations on the expectations and behaviour of girls can serve to diminish their opportunities to enjoy the rights provided for in article 31, particularly in the adolescent years. In addition, gender differentiation in what is considered girls' and boys' play and which is widely reinforced by parents, caregivers, the media and producers/manufacturers of games and toys serve to maintain traditional gender-role divisions in society. Evidence indicates that whereas boys' games prepare them for successful performance in a wide range of professional and other settings in modern society, girls' games, in contrast, tend to direct them towards the private sphere of the home and future roles as wives and mothers. Adolescent boys and girls are often discouraged from engaging in joint recreational activities. Furthermore, girls generally have lower participation rates in physical activities and organized games as a consequence of either external cultural or self-imposed exclusion or lack of appropriate provision. This pattern is of concern in the light of the proven physical, psychological, social and intellectual benefits associated with participation in sports activities. Given these widespread and pervasive barriers impeding girls' realization of their rights under article 31, the Committee urges States parties to take action to challenge gender stereotypes which serve to compound and reinforce patterns of discrimination and inequality of opportunity.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- Adolescents
- Boys
- Families
- Girls
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 40
- Paragraph text
- The principle of equal protection of children and adults from assault, including within the family, does not mean that all cases of corporal punishment of children by their parents that come to light should lead to prosecution of parents. The de minimis principle - that the law does not concern itself with trivial matters - ensures that minor assaults between adults only come to court in very exceptional circumstances; the same will be true of minor assaults on children. States need to develop effective reporting and referral mechanisms. While all reports of violence against children should be appropriately investigated and their protection from significant harm assured, the aim should be to stop parents from using violent or other cruel or degrading punishments through supportive and educational, not punitive, interventions.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2006
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 57c
- Paragraph text
- [The obligation to protect requires that States parties take action to prevent third parties from interfering in or restricting the rights provided for in article 31. Accordingly, States are obliged to ensure:] Protection of children from harm: Child protection policies, procedures, professional ethics, codes and standards for all professionals working with children in the field of play, recreation, sports, culture and the arts must be introduced and enforced. Recognition must also be given to the need to protect children from potential harm that may be imposed by other children in the exercise of their rights under article 31;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 45
- Paragraph text
- Growing role of electronic media: Children in all regions of the world are spending increasing periods of time engaged in play, recreational, cultural and artistic activities, both as consumers and creators, via various digital platforms and media, including watching television, messaging, social networking, gaming, texting, listening to and creating music, watching and making videos and films, creating new art forms, posting images. Information and communication technologies are emerging as a central dimension of children's daily reality. Today, children move seamlessly between offline and online environments. These platforms offer huge benefits - educationally, socially and culturally - and States are encouraged to take all necessary measures to ensure equality of opportunity for all children to experience those benefits. Access to the Internet and social media is central to the realization of article 31 rights in the globalized environment.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58f
- Paragraph text
- [Municipal planning: Local municipalities should assess provision of play and recreation facilities to guarantee equality of access by all groups of children, including through child-impact assessments. Consistent with the obligations under article 31, public planning must place a priority on the creation of environments which promote the well-being of the child. In order to achieve the necessary child-friendly urban and rural environments, consideration should be given to, inter alia:] Creation of a safe living environment for free play, including design of zones in which players, pedestrians and bikers have priority;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58f
- Paragraph text
- [Municipal planning: Local municipalities should assess provision of play and recreation facilities to guarantee equality of access by all groups of children, including through child-impact assessments. Consistent with the obligations under article 31, public planning must place a priority on the creation of environments which promote the well-being of the child. In order to achieve the necessary child-friendly urban and rural environments, consideration should be given to, inter alia:] Public safety measures to protect areas for play and recreation from individuals or groups who threaten children's safety;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58f
- Paragraph text
- [Municipal planning: Local municipalities should assess provision of play and recreation facilities to guarantee equality of access by all groups of children, including through child-impact assessments. Consistent with the obligations under article 31, public planning must place a priority on the creation of environments which promote the well-being of the child. In order to achieve the necessary child-friendly urban and rural environments, consideration should be given to, inter alia:] Provision of access to landscaped green areas, large open spaces and nature for play and recreation, with safe, affordable and accessible transport;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58f
- Paragraph text
- [Municipal planning: Local municipalities should assess provision of play and recreation facilities to guarantee equality of access by all groups of children, including through child-impact assessments. Consistent with the obligations under article 31, public planning must place a priority on the creation of environments which promote the well-being of the child. In order to achieve the necessary child-friendly urban and rural environments, consideration should be given to, inter alia:] Road traffic measures, including speed limits, levels of pollution, school crossings, traffic lights, and calming measures to ensure the rights of children to play safely within their local communities;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58f
- Paragraph text
- [Municipal planning: Local municipalities should assess provision of play and recreation facilities to guarantee equality of access by all groups of children, including through child-impact assessments. Consistent with the obligations under article 31, public planning must place a priority on the creation of environments which promote the well-being of the child. In order to achieve the necessary child-friendly urban and rural environments, consideration should be given to, inter alia:] Provision of clubs, sports facilities, organized games and activities for both girls and boys of all ages and from all communities;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 8
- Paragraph text
- In order to fully realize the right to health for all children, States parties have an obligation to ensure that children's health is not undermined as a result of discrimination, which is a significant factor contributing to vulnerability. A number of grounds on which discrimination is proscribed are outlined in article 2 of the Convention, including the child's, parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. These also include sexual orientation, gender identity and health status, for example HIV status and mental health. Attention should also be given to any other forms of discrimination that might undermine children's health, and the implications of multiple forms of discrimination should also be addressed.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Families
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 9
- Paragraph text
- Gender-based discrimination is particularly pervasive, affecting a wide range of outcomes, from female infanticide/foeticide to discriminatory infant and young child feeding practices, gender stereotyping and access to services. Attention should be given to the differing needs of girls and boys, and the impact of gender-related social norms and values on the health and development of boys and girls. Attention also needs to be given to harmful gender-based practices and norms of behaviour that are ingrained in traditions and customs and undermine the right to health of girls and boys.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Boys
- Children
- Girls
- Youth
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58g
- Paragraph text
- [Schools: Educational environments should play a major role in fulfilling the obligations under article 31, including:] Physical environment of settings: States parties should aim to ensure the provision of adequate indoor and outdoor space to facilitate play, sports, games and drama, during and around school hours; active promotion of equal opportunities for both girls and boys to play; adequate sanitation facilities for boys and girls; playgrounds, play landscapes and equipment that are safe and properly and regularly inspected; playgrounds with appropriate boundaries; equipment and spaces designed to enable all children, including children with disabilities, to participate equally; play areas which afford opportunities for all forms of play; location and design of play areas with adequate protection and with the involvement of children in the design and development;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Boys
- Children
- Girls
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58c
- Paragraph text
- Cross departmental collaboration in national and municipal government: Planning for play, recreation and cultural and artistic activities requires a broad and comprehensive approach involving cross-departmental collaboration and accountability between national, regional and municipal authorities. Relevant departments include not only those dealing directly with children, such as health, education, social services, child protection, culture, recreation and sports, but also those concerned with water and sanitation, housing, parks, transport, environment and city planning, all of which impact significantly on the creation of environments in which children can realize their rights under article 31;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- Children
- Year
- 2013
- Year
- Item does not have this property
Paragraph
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 58d
- Paragraph text
- Budgets: Budgets should be reviewed to ensure that the allocation for children, in respect of cultural, artistic, sports, recreational and play activities, is inclusive and consistent with their representation as a proportion of the population as a whole, and distributed across the provision for children of all ages, for example: budgetary support for the production and dissemination of children's books, magazines and papers; various formal and non-formal artistic expressions for children; accessible equipment and buildings and public spaces; resources for facilities such as sports clubs or youth centres. Consideration should be given to the cost of measures required to ensure access for the most marginalized children, including the obligation to provide reasonable accommodation to ensure equality of access for children with disabilities;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2013
- Year
- Item does not have this property
Paragraph
Implementation of article 2 by States parties 2008, para. 7
- Paragraph text
- The Committee also understands that the concept of "any territory under its jurisdiction," linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State's obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2008
- Year
- Item does not have this property
Paragraph
Implementation of article 2 by States parties 2008, para. 18
- Paragraph text
- The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- All
- Year
- 2008
- Year
- Item does not have this property
Paragraph
Article 14: Administration of justice 1984, para. 6
- Paragraph text
- The publicity of hearings is an important safeguard in the interest of the individual and of society at large. At the same time article 14, paragraph 1, acknowledges that courts have the power to exclude all or part of the public for reasons spelt out in that paragraph. It should be noted that, apart from such exceptional circumstances, the Committee considers that a hearing must be open to the public in general, including members of the press, and must not, for instance, be limited only to a particular category of persons. It should be noted that, even in cases in which the public is excluded from the trial, the judgement must, with certain strictly defined exceptions, be made public.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1984
- Year
- Item does not have this property
Paragraph
Article 14: Administration of justice 1984, para. 7
- Paragraph text
- The Committee has noted a lack of information regarding article 14, paragraph 2 and, in some cases, has even observed that the presumption of innocence, which is fundamental to the protection of human rights, is expressed in very ambiguous terms or entails conditions which render it ineffective. By reason of the presumption of innocence, the burden of proof of the charge is on the prosecution and the accused has the benefit of doubt. No guilt can be presumed until the charge has been proved beyond reasonable doubt. Further, the presumption of innocence implies a right to be treated in accordance with this principle. It is, therefore, a duty for all public authorities to refrain from prejudging the outcome of a trial.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1984
- Year
- Item does not have this property
Paragraph
Article 14: Administration of justice 1984, para. 8
- Paragraph text
- Among the minimum guarantees in criminal proceedings prescribed by paragraph 3, the first concerns the right of everyone to be informed in a language which he understands of the charge against him (subpara. (a)). The Committee notes that State reports often do not explain how this right is respected and ensured. Article 14 (3) (a) applies to all cases of criminal charges, including those of persons not in detention. The Committee notes further that the right to be informed of the charge "promptly" requires that information is given in the manner described as soon as the charge is first made by a competent authority. In the opinion of the Committee this right must arise when in the course of an investigation a court or an authority of the prosecution decides to take procedural steps against a person suspected of a crime or publicly names him as such. The specific requirements of subparagraph 3 (a) may be met by stating the charge either orally or in writing, provided that the information indicates both the law and the alleged facts on which it is based.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1984
- Year
- Item does not have this property
Paragraph
Article 14: Administration of justice 1984, para. 11
- Paragraph text
- Not all reports have dealt with all aspects of the right of defence as defined in subparagraph 3 (d). The Committee has not always received sufficient information concerning the protection of the right of the accused to be present during the determination of any charge against him nor how the legal system assures his right either to defend himself in person or to be assisted by counsel of his own choosing, or what arrangements are made if a person does not have sufficient means to pay for legal assistance. The accused or his lawyer must have the right to act diligently and fearlessly in pursuing all available defences and the right to challenge the conduct of the case if they believe it to be unfair. When exceptionally for justified reasons trials in absentia are held, strict observance of the rights of the defence is all the more necessary.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1984
- Year
- Item does not have this property
Paragraph
Article 14: Administration of justice 1984, para. 16
- Paragraph text
- Article 14, paragraph 4, provides that in the case of juvenile persons, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. Not many reports have furnished sufficient information concerning such relevant matters as the minimum age at which a juvenile may be charged with a criminal offence, the maximum age at which a person is still considered to be a juvenile, the existence of special courts and procedures, the laws governing procedures against juveniles and how all these special arrangements for juveniles take account of "the desirability of promoting their rehabilitation". Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 1984
- Year
- Item does not have this property
Paragraph
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 2
- Paragraph text
- In this connection, the Committee wishes to point out that in the reports of States parties to the Covenant the necessary attention is not being given to information concerning the manner in which respect for this right is guaranteed by legislative, administrative or judicial authorities, and in general by the competent organs established in the State. In particular, insufficient attention is paid to the fact that article 17 of the Covenant deals with protection against both unlawful and arbitrary interference. That means that it is precisely in State legislation above all that provision must be made for the protection of the right set forth in that article. At present the reports either say nothing about such legislation or provide insufficient information on the subject.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 4
- Paragraph text
- The expression "arbitrary interference" is also relevant to the protection of the right provided for in article 17. In the Committee's view the expression "arbitrary interference" can also extend to interference provided for under the law. The introduction of the concept of arbitrariness is intended to guarantee that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 5
- Paragraph text
- Regarding the term "family", the objectives of the Covenant require that for purposes of article 17 this term be given a broad interpretation to include all those comprising the family as understood in the society of the State party concerned. The term "home" in English, "manzel" in Arabic, "zhùzhái" in Chinese, "domicile" in French, "zhilische" in Russian and "domicilio" in Spanish, as used in article 17 of the Covenant, is to be understood to indicate the place where a person resides or carries out his usual occupation. In this connection, the Committee invites States to indicate in their reports the meaning given in their society to the terms "family" and "home".
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 6
- Paragraph text
- The Committee considers that the reports should include information on the authorities and organs set up within the legal system of the State which are competent to authorize interference allowed by the law. It is also indispensable to have information on the authorities which are entitled to exercise control over such interference with strict regard for the law, and to know in what manner and through which organs persons concerned may complain of a violation of the right provided for in article 17 of the Covenant. States should in their reports make clear the extent to which actual practice conforms to the law. State party reports should also contain information on complaints lodged in respect of arbitrary or unlawful interference, and the number of any findings in that regard, as well as the remedies provided in such cases.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Families
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 7
- Paragraph text
- As all persons live in society, the protection of privacy is necessarily relative. However, the competent public authorities should only be able to call for such information relating to an individual's private life the knowledge of which is essential in the interests of society as understood under the Covenant. Accordingly, the Committee recommends that States should indicate in their reports the laws and regulations that govern authorized interferences with private life.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 11
- Paragraph text
- Article 17 affords protection to personal honour and reputation and States are under an obligation to provide adequate legislation to that end. Provision must also be made for everyone effectively to be able to protect himself against any unlawful attacks that do occur and to have an effective remedy against those responsible. States parties should indicate in their reports to what extent the honour or reputation of individuals is protected by law and how this protection is achieved according to their legal system.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Article 24: Rights of the child 1989, para. 1
- Paragraph text
- Article 24 of the International Covenant on Civil and Political Rights recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor. Consequently, the implementation of this provision entails the adoption of special measures to protect children, in addition to the measures that States are required to take under article 2 to ensure that everyone enjoys the rights provided for in the Covenant. The reports submitted by States parties often seem to underestimate this obligation and supply inadequate information on the way in which children are afforded enjoyment of their right to a special protection.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 1989
- Year
- Item does not have this property
Paragraph
Article 18: The right to freedom of thought, conscience and religion 1993, para. 5
- Paragraph text
- The Committee observes that the freedom to "have or to adopt" a religion or belief necessarily entails the freedom to choose a religion or belief, including, inter alia, the right to replace one's current religion or belief with another or to adopt atheistic views, as well as the right to retain one's religion or belief. Article 18 (2) bars coercions that would impair the right to have or adopt a religion or belief, including the use of threat of physical force or penal sanctions to compel believers or non-believers to adhere to their religious beliefs and congregations, to recant their religion or belief or to convert. Policies or practices having the same intention or effect, such as for example those restricting access to education, medical care, employment or the rights guaranteed by article 25 and other provisions of the Covenant are similarly inconsistent with article 18 (2). The same protection is enjoyed by holders of all beliefs of a non-religious nature.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1993
- Year
- Item does not have this property
Paragraph
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 6
- Paragraph text
- The Committee notes that prolonged solitary confinement of the detained or imprisoned person may amount to acts prohibited by article 7. As the Committee has stated in its general comment No. 6 (16), article 6 of the Covenant refers generally to abolition of the death penalty in terms that strongly suggest that abolition is desirable. Moreover, when the death penalty is applied by a State party for the most serious crimes, it must not only be strictly limited in accordance with article 6 but it must be carried out in such a way as to cause the least possible physical and mental suffering.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 1992
- Year
- Item does not have this property
Paragraph
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 7
- Paragraph text
- Article 7 expressly prohibits medical or scientific experimentation without the free consent of the person concerned. The Committee notes that the reports of States parties generally contain little information on this point. More attention should be given to the need and means to ensure observance of this provision. The Committee also observes that special protection in regard to such experiments is necessary in the case of persons not capable of giving valid consent, and in particular those under any form of detention or imprisonment. Such persons should not be subjected to any medical or scientific experimentation that may be detrimental to their health.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 1992
- Year
- Item does not have this property
Paragraph
Article 10: Humane treatment of persons deprived of their liberty - replaces general comment 9 (Annex VI, B) 1993, para. 13
- Paragraph text
- Moreover, the Committee notes that in the reports of some States parties no information has been provided concerning the treatment accorded to accused juvenile persons and juvenile offenders. Article 10, paragraph 2 (b), provides that accused juvenile persons shall be separated from adults. The information given in reports shows that some States parties are not paying the necessary attention to the fact that this is a mandatory provision of the Covenant. The text also provides that cases involving juveniles must be considered as speedily as possible. Reports should specify the measures taken by States parties to give effect to that provision. Lastly, under article 10, paragraph 3, juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status insofar as conditions of detention are concerned, such as shorter working hours and contact with relatives, with the aim of furthering their reformation and rehabilitation. Article 10 does not indicate any limits of juvenile age. While this is to be determined by each State party in the light of relevant social, cultural and other conditions, the Committee is of the opinion that article 6, paragraph 5, suggests that all persons under the age of 18 should be treated as juveniles, at least in matters relating to criminal justice. States should give relevant information about the age groups of persons treated as juveniles. In that regard, States parties are invited to indicate whether they are applying the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, known as the Beijing Rules (1987).
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 1993
- Year
- Item does not have this property
Paragraph
Article 18: The right to freedom of thought, conscience and religion 1993, para. 1
- Paragraph text
- The right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) in article 18 (1) is far-reaching and profound; it encompasses freedom of thoughts on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. The Committee draws the attention of States parties to the fact that the freedom of thought and the freedom of conscience are protected equally with the freedom of religion and belief. The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4 (2) of the Covenant.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1993
- Year
- Item does not have this property
Paragraph
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 11
- Paragraph text
- In addition to describing steps to provide the general protection against acts prohibited under article 7 to which anyone is entitled, the State party should provide detailed information on safeguards for the special protection of particularly vulnerable persons. It should be noted that keeping under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment is an effective means of preventing cases of torture and ill treatment. To guarantee the effective protection of detained persons, provisions should be made for detainees to be held in places officially recognized as places of detention and for their names and places of detention, as well as for the names of persons responsible for their detention, to be kept in registers readily available and accessible to those concerned, including relatives and friends. To the same effect, the time and place of all interrogations should be recorded, together with the names of all those present and this information should also be available for purposes of judicial or administrative proceedings. Provisions should also be made against incommunicado detention. In that connection, States parties should ensure that any places of detention be free from any equipment liable to be used for inflicting torture or ill treatment. The protection of the detainee also requires that prompt and regular access be given to doctors and lawyers and, under appropriate supervision when the investigation so requires, to family members.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 1992
- Year
- Item does not have this property
Paragraph
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 13
- Paragraph text
- States parties should indicate when presenting their reports the provisions of their criminal law which penalize torture and cruel, inhuman and degrading treatment or punishment, specifying the penalties applicable to such acts, whether committed by public officials or other persons acting on behalf of the State, or by private persons. Those who violate article 7, whether by encouraging, ordering, tolerating or perpetrating prohibited acts, must be held responsible. Consequently, those who have refused to obey orders must not be punished or subjected to any adverse treatment.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1992
- Year
- Item does not have this property
Paragraph
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 14
- Paragraph text
- Article 7 should be read in conjunction with article 2, paragraph 3, of the Covenant. In their reports, States parties should indicate how their legal system effectively guarantees the immediate termination of all the acts prohibited by article 7 as well as appropriate redress. The right to lodge complaints against maltreatment prohibited by article 7 must be recognized in the domestic law. Complaints must be investigated promptly and impartially by competent authorities so as to make the remedy effective. The reports of States parties should provide specific information on the remedies available to victims of maltreatment and the procedure that complainants must follow, and statistics on the number of complaints and how they have been dealt with.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1992
- Year
- Item does not have this property
Paragraph
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 15
- Paragraph text
- The Committee has noted that some States have granted amnesty in respect of acts of torture. Amnesties are generally incompatible with the duty of States to investigate such acts; to guarantee freedom from such acts within their jurisdiction; and to ensure that they do not occur in the future. States may not deprive individuals of the right to an effective remedy, including compensation and such full rehabilitation as may be possible.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1992
- Year
- Item does not have this property
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 15
- Paragraph text
- As regards articles 7 and 10, States parties must provide all information relevant to ensuring that the rights of persons deprived of their liberty are protected on equal terms for men and women. In particular, States parties should report on whether men and women are separated in prisons and whether women are guarded only by female guards. States parties should also report about compliance with the rule that accused juvenile females shall be separated from adults and on any difference in treatment between male and female persons deprived of liberty, such as access to rehabilitation and education programmes and to conjugal and family visits.Pregnant women who are deprived of their liberty should receive humane treatment and respect for their inherent dignity at all times, and in particular during the birth and while caring for their newborn children; States parties should report on facilities to ensure this and on medical and health care for such mothers and their babies.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Men
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 16
- Paragraph text
- As regards article 12, States parties should provide information on any legal provision or any practice which restricts women's right to freedom of movement, for example the exercise of marital powers over the wife or of parental powers over adult daughters; legal or de facto requirements which prevent women from travelling, such as the requirement of consent of a third party to the issuance of a passport or other type of travel documents to an adult woman. States parties should also report on measures taken to eliminate such laws and practices and to protect women against them, including reference to available domestic remedies (see general comment No. 27, paragraphs 6 and 18).
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Men
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 18
- Paragraph text
- States parties should provide information to enable the Committee to ascertain whether access to justice and the right to a fair trial, provided for in article 14, are enjoyed by women on equal terms with men. In particular, States parties should inform the Committee whether there are legal provisions preventing women from direct and autonomous access to the courts (see communication No. 202/1986, Ato del Avellanal v. Peru, Views of 28 October 1988); whether women may give evidence as witnesses on the same terms as men; and whether measures are taken to ensure women equal access to legal aid, in particular in family matters. States parties should report on whether certain categories of women are denied the enjoyment of the presumption of innocence under article 14, paragraph 2, and on the measures which have been taken to put an end to this situation.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Families
- Men
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 19
- Paragraph text
- The right of everyone under article 16 to be recognized everywhere as a person before the law is particularly pertinent for women, who often see it curtailed by reason of sex or marital status. This right implies that the capacity of women to own property, to enter into a contract or to exercise other civil rights may not be restricted on the basis of marital status or any other discriminatory ground. It also implies that women may not be treated as objects to be given, together with the property of the deceased husband, to his family. States must provide information on laws or practices that prevent women from being treated or from functioning as full legal persons and the measures taken to eradicate laws or practices that allow such treatment.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Men
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 22
- Paragraph text
- In relation to article 19, States parties should inform the Committee of any laws or other factors which may impede women from exercising the rights protected under this provision on an equal basis. As the publication and dissemination of obscene and pornographic material which portrays women and girls as objects of violence or degrading or inhuman treatment is likely to promote these kinds of treatment of women and girls, States parties should provide information about legal measures to restrict the publication or dissemination of such material.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Person(s) affected
- Girls
- Men
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 23
- Paragraph text
- States are required to treat men and women equally in regard to marriage in accordance with article 23, which has been elaborated further by general comment No. 19 (1990). Men and women have the right to enter into marriage only with their free and full consent, and States have an obligation to protect the enjoyment of this right on an equal basis. Many factors may prevent women from being able to make the decision to marry freely. One factor relates to the minimum age for marriage. That age should be set by the State on the basis of equal criteria for men and women. These criteria should ensure women's capacity to make an informed and uncoerced decision. A second factor in some States may be that either by statutory or customary law a guardian, who is generally male, consents to the marriage instead of the woman herself, thereby preventing women from exercising a free choice.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Person(s) affected
- Men
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 26
- Paragraph text
- States parties must also ensure equality in regard to the dissolution of marriage, which excludes the possibility of repudiation. The grounds for divorce and annulment should be the same for men and women, as well as decisions with regard to property distribution, alimony and the custody of children. Determination of the need to maintain contact between children and the non-custodial parent should be based on equal considerations. Women should also have equal inheritance rights to those of men when the dissolution of marriage is caused by the death of one of the spouses.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Children
- Men
- Women
- Year
- 2000
- Year
- Item does not have this property
Paragraph
Article 4: States of Emergency 2001, para. 17
- Paragraph text
- In paragraph 3 of article 4, States parties, when they resort to their power of derogation under article 4, commit themselves to a regime of international notification. A State party availing itself of the right of derogation must immediately inform the other States parties, through the United Nations Secretary General, of the provisions it has derogated from and of the reasons for such measures. Such notification is essential not only for the discharge of the Committee's functions, in particular in assessing whether the measures taken by the State party were strictly required by the exigencies of the situation, but also to permit other States parties to monitor compliance with the provisions of the Covenant. In view of the summary character of many of the notifications received in the past, the Committee emphasizes that the notification by States parties should include full information about the measures taken and a clear explanation of the reasons for them, with full documentation attached regarding their law. Additional notifications are required if the State party subsequently takes further measures under article 4, for instance by extending the duration of a state of emergency. The requirement of immediate notification applies equally in relation to the termination of derogation. These obligations have not always been respected: States parties have failed to notify other States parties, through the Secretary-General, of a proclamation of a state of emergency and of the resulting measures of derogation from one or more provisions of the Covenant, and States parties have sometimes neglected to submit a notification of territorial or other changes in the exercise of their emergency powers. Sometimes, the existence of a state of emergency and the question of whether a State party has derogated from provisions of the Covenant have come to the attention of the Committee only incidentally, in the course of the consideration of a State party's report. The Committee emphasizes the obligation of immediate international notification whenever a State party takes measures derogating from its obligations under the Covenant. The duty of the Committee to monitor the law and practice of a State party for compliance with article 4 does not depend on whether that State party has submitted a notification.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2001
- Year
- Item does not have this property
Paragraph
Article 4: States of Emergency 2001, para. 13d
- Paragraph text
- [In those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee's opinion cannot be made subject to lawful derogation under article 4. Some illustrative examples are presented below.] As confirmed by the Rome Statute of the International Criminal Court, deportation or forcible transfer of population without grounds permitted under international law, in the form of forced displacement by expulsion or other coercive means from the area in which the persons concerned are lawfully present, constitutes a crime against humanity. The legitimate right to derogate from article 12 of the Covenant during a state of emergency can never be accepted as justifying such measures.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 2001
- Year
- Item does not have this property
Paragraph
Article 40: Reporting Obligations of States parties 2002, para. 4b
- Paragraph text
- [To remedy such situations, the Committee has adopted new rules:] When the State party has not presented a report, the Committee may, at its discretion, notify the State party of the date on which the Committee proposes to examine the measures taken by the State party to implement the rights guaranteed under the Covenant: (i) If the State party is represented by a delegation, the Committee will, in presence of the delegation, proceed with the examination on the date assigned; (ii) If the State party is not represented, the Committee may, at its discretion, either decide to proceed to consider the measures taken by the State party to implement the guarantees of the Covenant at the initial date or notify a new date to the State party. For the purposes of the application of these procedures, the Committee shall hold its meetings in public session if a delegation is present, and in private if a delegation is not present, and shall follow the modalities set forth in the reporting guidelines and in the rules of procedure of the Committee.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2002
- Year
- Item does not have this property
Paragraph
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 2
- Paragraph text
- While article 2 is couched in terms of the obligations of State Parties towards individuals as the right-holders under the Covenant, every State Party has a legal interest in the performance by every other State Party of its obligations. This follows from the fact that the 'rules concerning the basic rights of the human person' are erga omnes obligations and that, as indicated in the fourth preambular paragraph of the Covenant, there is a United Nations Charter obligation to promote universal respect for, and observance of, human rights and fundamental freedoms. Furthermore, the contractual dimension of the treaty involves any State Party to a treaty being obligated to every other State Party to comply with its undertakings under the treaty. In this connection, the Committee reminds States Parties of the desirability of making the declaration contemplated in article 41. It further reminds those States Parties already having made the declaration of the potential value of availing themselves of the procedure under that article. However, the mere fact that a formal interstate mechanism for complaints to the Human Rights Committee exists in respect of States Parties that have made the declaration under article 41 does not mean that this procedure is the only method by which States Parties can assert their interest in the performance of other States Parties. On the contrary, the article 41 procedure should be seen as supplementary to, not diminishing of, States Parties' interest in each others' discharge of their obligations. Accordingly, the Committee commends to States Parties the view that violations of Covenant rights by any State Party deserve their attention. To draw attention to possible breaches of Covenant obligations by other States Parties and to call on them to comply with their Covenant obligations should, far from being regarded as an unfriendly act, be considered as a reflection of legitimate community interest.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
- Year
- Item does not have this property
Paragraph
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 3
- Paragraph text
- Article 2 defines the scope of the legal obligations undertaken by States Parties to the Covenant. A general obligation is imposed on States Parties to respect the Covenant rights and to ensure them to all individuals in their territory and subject to their jurisdiction (see paragraph 10 below). Pursuant to the principle articulated in article 26 of the Vienna Convention on the Law of Treaties, States Parties are required to give effect to the obligations under the Covenant in good faith.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
- Year
- Item does not have this property
Paragraph
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 4
- Paragraph text
- The obligations of the Covenant in general and article 2 in particular are binding on every State Party as a whole. All branches of government (executive, legislative and judicial), and other public or governmental authorities, at whatever level - national, regional or local - are in a position to engage the responsibility of the State Party. The executive branch that usually represents the State Party internationally, including before the Committee, may not point to the fact that an action incompatible with the provisions of the Covenant was carried out by another branch of government as a means of seeking to relieve the State Party from responsibility for the action and consequent incompatibility. This understanding flows directly from the principle contained in article 27 of the Vienna Convention on the Law of Treaties, according to which a State Party 'may not invoke the provisions of its internal law as justification for its failure to perform a treaty'. Although article 2, paragraph 2, allows States Parties to give effect to Covenant rights in accordance with domestic constitutional processes, the same principle operates so as to prevent States parties from invoking provisions of the constitutional law or other aspects of domestic law to justify a failure to perform or give effect to obligations under the treaty. In this respect, the Committee reminds States Parties with a federal structure of the terms of article 50, according to which the Covenant's provisions 'shall extend to all parts of federal states without any limitations or exceptions'.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2004
- Year
- Item does not have this property
Paragraph
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 5
- Paragraph text
- 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.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2004
- Year
- Item does not have this property
Paragraph
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 6
- Paragraph text
- 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.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2004
- Year
- Item does not have this property
Paragraph
Article 4: States of Emergency 2001, para. 2
- Paragraph text
- Measures derogating from the provisions of the Covenant must be of an exceptional and temporary nature. Before a State moves to invoke article 4, two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation, and the State party must have officially proclaimed a state of emergency. The latter requirement is essential for the maintenance of the principles of legality and rule of law at times when they are most needed. When proclaiming a state of emergency with consequences that could entail derogation from any provision of the Covenant, States must act within their constitutional and other provisions of law that govern such proclamation and the exercise of emergency powers; it is the task of the Committee to monitor the laws in question with respect to whether they enable and secure compliance with article 4. In order that the Committee can perform its task, States parties to the Covenant should include in their reports submitted under article 40 sufficient and precise information about their law and practice in the field of emergency powers.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2001
- Year
- Item does not have this property
Paragraph
Article 25: The right to participate in public affairs, voting rights and the right of equal access to public service 1996, para. 25
- Paragraph text
- In order to ensure the full enjoyment of rights protected by article 25, the free communication of information and ideas about public and political issues between citizens, candidates and elected representatives is essential. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. It requires the full enjoyment and respect for the rights guaranteed in articles 19, 21 and 22 of the Covenant, including freedom to engage in political activity individually or through political parties and other organizations, freedom to debate public affairs, to hold peaceful demonstrations and meetings, to criticize and oppose, to publish political material, to campaign for election and to advertise political ideas.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 1996
- Year
- Item does not have this property
Paragraph
Article 25: The right to participate in public affairs, voting rights and the right of equal access to public service 1996, para. 26
- Paragraph text
- The right to freedom of association, including the right to form and join organizations and associations concerned with political and public affairs, is an essential adjunct to the rights protected by article 25. Political parties and membership in parties play a significant role in the conduct of public affairs and the election process. States should ensure that, in their internal management, political parties respect the applicable provisions of article 25 in order to enable citizens to exercise their rights thereunder.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1996
- Year
- Item does not have this property
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 34
- Paragraph text
- Restrictions must not be overbroad. The Committee observed in general comment No. 27 that "restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve their protective function; they must be proportionate to the interest to be protected…The principle of proportionality has to be respected not only in the law that frames the restrictions but also by the administrative and judicial authorities in applying the law". The principle of proportionality must also take account of the form of expression at issue as well as the means of its dissemination. For instance, the value placed by the Covenant upon uninhibited expression is particularly high in the circumstances of public debate in a democratic society concerning figures in the public and political domain.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2011
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 8
- Paragraph text
- When private individuals or entities are empowered or authorized by a State party to exercise powers of arrest or detention, the State party remains responsible for adherence and ensuring adherence to article 9. It must rigorously limit those powers and must provide strict and effective control to ensure that those powers are not misused, and do not lead to arbitrary or unlawful arrest or detention. It must also provide effective remedies for victims if arbitrary or unlawful arrest or detention does occur.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 16
- Paragraph text
- The Committee decided, in 1997, under its rules of procedure, to appoint a member of the Committee as Special Rapporteur for the follow-up of Views. That member, through written representations, and frequently also through personal meetings with diplomatic representatives of the State party concerned, urges compliance with the Committee's Views and discusses factors that may be impeding their implementation. In a number of cases, this procedure has led to acceptance and implementation of the Committee's Views where previously the transmission of those Views had met with no response.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2009
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 26
- Paragraph text
- Oral notification of reasons for arrest satisfies the requirement. The reasons must be given in a language that the arrested person understands.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 28
- Paragraph text
- For some categories of vulnerable persons, directly informing the person arrested is required but not sufficient. When children are arrested, notice of the arrest and the reasons for it should also be provided directly to their parents, guardians, or legal representatives. For certain persons with mental disabilities, notice of the arrest and the reasons should also be provided directly to persons they have designated or appropriate family members. Additional time may be required to identify and contact the relevant third persons, but notice should be given as soon as possible.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Person(s) affected
- Children
- Persons with disabilities
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 30
- Paragraph text
- Paragraph 2 requires that the arrested person be informed "promptly" of any charges, not necessarily "at the time of arrest". If particular charges are already contemplated, the arresting officer may inform the person of both the reasons for the arrest and the charges, or the authorities may explain the legal basis of the detention some hours later. The reasons must be given in a language that the arrested person understands. The requirement to give notice of charges under paragraph 2 serves to facilitate the determination of whether the provisional detention is appropriate or not, and therefore paragraph 2 does not require that the arrested person is given as much detail regarding the charges as would be needed later to prepare for trial. If the authorities have already informed an individual of the charges being investigated prior to making the arrest, then paragraph 2 does not require prompt repetition of the formal charges so long as they communicate the reasons for the arrest. The same considerations as mentioned in paragraph 28 above apply to prompt information concerning any criminal charges when minors or other vulnerable persons are arrested.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 32
- Paragraph text
- Paragraph 3 requires, firstly, that any person arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power. That requirement applies in all cases without exception and does not depend on the choice or ability of the detainee to assert it. The requirement applies even before formal charges have been asserted, so long as the person is arrested or detained on suspicion of criminal activity. The right is intended to bring the detention of a person in a criminal investigation or prosecution under judicial control. If a person already detained on one criminal charge is also ordered to be detained to face an unrelated criminal charge, the person must be promptly brought before a judge for control of the second detention. It is inherent to the proper exercise of judicial power that it be exercised by an authority which is independent, objective and impartial in relation to the issues dealt with. Accordingly, a public prosecutor cannot be considered as an officer exercising judicial power under paragraph 3.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 1
- Paragraph text
- This general comment replaces general comment No. 10 (nineteenth session).
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 21
- Paragraph text
- When a criminal sentence includes a punitive period followed by a non-punitive period intended to protect the safety of other individuals, then once the punitive term of imprisonment has been served, to avoid arbitrariness, the additional detention must be justified by compelling reasons arising from the gravity of the crimes committed and the likelihood of the detainee's committing similar crimes in the future. States should only use such detention as a last resort and regular periodic reviews by an independent body must be assured to decide whether continued detention is justified. State parties must exercise caution and provide appropriate guarantees in evaluating future dangers. The conditions in such detention must be distinct from the conditions for convicted prisoners serving a punitive sentence and must be aimed at the detainee's rehabilitation and reintegration into society. If a prisoner has fully served the sentence imposed at the time of conviction, articles 9 and 15 prohibit a retroactive increase in sentence and a State party may not circumvent that prohibition by imposing a detention that is equivalent to penal imprisonment under the label of civil detention.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 22
- Paragraph text
- The third sentence of paragraph 1 of article 9 provides that no one shall be deprived of liberty except on such grounds and in accordance with such procedure as are established by law. Any substantive grounds for arrest or detention must be prescribed by law and should be defined with sufficient precision to avoid overly broad or arbitrary interpretation or application. Deprivation of liberty without such legal authorization is unlawful. Continued detention despite an operative (exécutoire) judicial order of release or a valid amnesty is also unlawful.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 65
- Paragraph text
- Article 9 is not included in the list of non-derogable rights of article 4, paragraph 2, of the Covenant, but there are limits on States parties' power to derogate. States parties derogating from normal procedures required under article 9 in circumstances of armed conflict or other public emergency must ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation. Derogating measures must also be consistent with a State party's other obligations under international law, including provisions of international humanitarian law relating to deprivation of liberty, and non-discriminatory. The prohibitions against taking of hostages, abductions or unacknowledged detention are therefore not subject to derogation.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Article 9: Liberty and security of person 2014, para. 24
- Paragraph text
- Paragraph 2 of article 9 imposes two requirements for the benefit of persons who are deprived of liberty. First, they shall be informed, at the time of arrest, of the reasons for the arrest. Second, they shall be promptly informed of any charges against them. The first requirement applies broadly to the reasons for any deprivation of liberty. Because "arrest" means the commencement of a deprivation of liberty, that requirement applies regardless of the formality or informality with which the arrest is conducted and regardless of the legitimate or improper reason on which it is based. The second, additional requirement applies only to information regarding criminal charges. If a person already detained on one criminal charge is also ordered detained to face an unrelated criminal charge, prompt information must be provided regarding the unrelated charge.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
- Year
- Item does not have this property
Paragraph
Reservations 1987, para. 2
- Paragraph text
- Expressed concern in relation to the significant number of reservations that appeared to be incompatible with the object and purpose of the Convention,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1987
- Year
- Item does not have this property
Paragraph
Effective national machinery and publicity 1988, para. 1
- Paragraph text
- Having considered the reports of States parties to the Convention on the Elimination of All Forms of Discrimination against Women,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Temporary special measures 1988, para. 2
- Paragraph text
- Recalling article 4.1 of the Convention,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Temporary special measures 1988, para. II.
- Paragraph text
- The meaning and scope of temporary special measures in the Convention on the Elimination of All Forms of Discrimination against Women
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1988
- Year
- Item does not have this property
Paragraph
Statistical data 1989, para. 1
- Paragraph text
- Considering that statistical information is absolutely necessary in order to understand the real situation of women in each of the States parties to the Convention,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- Women
- Year
- 1989
- Year
- Item does not have this property
Paragraph