نصائح البحث
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Vision for the mandate 2016, para. 17
- Paragraph text
- Attacks against persons with albinism and corollary issues of displacement and trafficking in body parts violate the right to life, the right to security of person and the prohibition of torture and ill-treatment, as enshrined in various international human rights treaties. As reported by OHCHR, whether any particular ritual killing or attack against persons with albinism is attributable to a State agent needs to be determined on a case-by-case basis. Nevertheless, the State violates its obligation to ensure the right to life and the prohibition of torture and ill-treatment by failing to take appropriate measures to prevent, investigate, prosecute, punish or redress.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Vision for the mandate 2016, para. 46
- Paragraph text
- The Independent Expert is of the view that specific measures to end attacks against persons with albinism should include immediate investigation of allegations and prosecution of alleged perpetrators, legal representation and adequate protection for victims and witnesses and sensitization of the judiciary and law enforcement officers on the issue. Furthermore, protection measures for persons with albinism should be adopted and implemented in their communities. Victims of attacks should be provided with the appropriate remedy and redress, not only legal, but also social, psychological and medical. The Independent Expert will also seek the adoption of measures to prevent the trafficking in body parts, as well as specific measures for improving conditions at temporary shelters for displaced persons with albinism and the execution of safe strategies for reintegrating them into their homes and communities. In that regard, she encourages international and regional cooperation.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Mandate, working methods, work plan for the mandate 2015, para. 26
- Paragraph text
- The Special Rapporteur looks forward to working closely together with other special procedures mandate holders and aims, as an initial step, to contact all mandate holders with a call to harmonize efforts and build upon each other's work. Attention will be paid to the mandate's call to address multiple and aggravated forms of discrimination by working in close collaboration with other mandates focusing on groups, such as the mandate holders on the rights of indigenous peoples, violence against women, the sale of children, the human rights of migrants, minority issues and internally displaced persons, older persons and discrimination against women in law and in pPractice. She also sees important connections between her mandate and those focusing on specific economic and social rights, such as the special procedures on the rights to health, education, extreme poverty, adequate housing, water and sanitation, and to food, as well as those focusing on civil and political rights, such as the Special Rapporteur on torture, extrajudicial, summary or arbitrary executions and the Working Group on Arbitrary Detention.
- Body
- Special Rapporteur on the rights of persons with disabilities
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Ethnic minorities
- Persons on the move
- Women
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 15
- Paragraph text
- Since the introduction of the Convention, the world's political landscape has gone through substantial changes. These have been marked, variously in different regions and States, by the dismantling of long-standing totalitarian regimes, democratization and the emergence of new forms of authoritarianism. This period has also witnessed armed conflicts both between and within States, the creation of refugee populations and international involvement in conflict resolution and peacebuilding. Technological leaps in the field of information and communications, particularly the Internet, have created a new public and political space, with revolutionary impact on the development and the exercise of human rights, allowing new forms of political expression and mobilization, and facilitating political communication and organization for men and women globally.
- Body
- Working Group on the issue of discrimination against women in law and practice
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 21
- Paragraph text
- The right to education has subsequently been enshrined in a range of international conventions, including the International Covenant on Economic, Social and Cultural Rights (1966), the Convention on the Rights of the Child (1989) and, more recently, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990). Specific to refugee concerns are the Convention relating to the Status of Refugees (Refugee Convention, 1951) and its 1967 Protocol (arts. 4 and 22), and the Convention against Discrimination in Education (1960, art. 4).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 26
- Paragraph text
- The Special Rapporteur also notes that the international norms and instruments listed earlier pay little attention to the particular situation of the educational rights of migrants, refugees and asylum-seekers. The same is the case with many other instruments, such as the Convention concerning Migration for Employment (Revised 1949), the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992), and the European Charter for Regional or Minority Languages (1992).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 29
- Paragraph text
- The Special Rapporteur is also concerned by the incomplete realization of the right to education of migrants, refugees and asylum-seekers (or children thereof) of irregular status. The Special Rapporteur thus welcomes the increasing recognition of equality of treatment irrespective of legal status, as expressed in the International Labour Organization (ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the United Nations Migrant Workers Convention, the final report of the 1994 International Conference on Population and Development (principle 12) and the 2000 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however, views the lack of ratification of, in particular, the United Nations Migrant Workers Convention (which by February 2010 had been signed by only 31 of the 192 United Nations Members, of which virtually all are countries of emigration) as indicative of State apathy in this area.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 63
- Paragraph text
- The Special Rapporteur consequently prompts States that have not included the unconditional right to education in their Constitution to take steps to do so. Two examples are indicative of best practice in this regard. The Bolivarian Republic of Venezuela, defined by its Government as traditionally a migrant-receiving country, guarantees the unrestricted right to education at all levels through its Constitution and migrants are entitled to free education from early childhood care to higher education. Furthermore, its schools are explicitly obliged to permit the registration of undocumented children. The Government of Portugal emphasizes that national legislation also explicitly includes irregular and undocumented migrant and refugee children in the right to education with the concomitant creation of a special registry for irregular minors.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 72
- Paragraph text
- The Special Rapporteur reminds States that their education systems should conform to the obligations set forth in the International Covenant on Economic, Social and Cultural Rights, the Convention on the Rights of the Child and the objectives of the Education for All programme. Critically, these systems must also be able to respect and promote diversity on the basis of a global understanding of human needs. Similarly, the Special Rapporteur acknowledges that human rights law “does not sufficiently address the question of binding obligations of States to take positive measures” and “it is largely unclear which distinctions between migrants and the citizens are admissible and which are not”.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 73
- Paragraph text
- However, the Special Rapporteur is convinced that the human right to education for migrants, refugees and asylum-seekers should not be contentious. Nevertheless, this right is sometimes disputed. The dispute centres upon the nature of the right itself. Despite being an “enabling right”, the right to education has become a de facto derivative right; just as, for instance, the right to development, economic security and the right to life per se are subordinated to the primary rights of private property and the profit rate. This situation highlights the two conflicting (and irreconcilable) legal regimes for education: on the one hand, international human rights law defines education as a human right, while on the other hand, international trade law views education as a service, i.e. a commodity. The latter regime offers little scope for advancing mechanisms for realizing the objectives of a human rights responsive education system.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Equality of opportunity in education 2011, para. 70
- Paragraph text
- Administrative tribunals and national human rights institutions also reinforce judicial and quasi-judicial mechanisms to safeguard the equality of opportunities in education and right to education. In another case relating to schools dedicated to Roma children, the Equal Treatment Authority of Hungary concluded that not only were authorities responsible for the local system that segregated students, in violation of the principle of equal treatment, but those who tolerated or assisted the maintenance of existing segregation schemes also violated the law. National human rights institutions also have an important role to play. In Mauritius, for example, the ombudsperson has the authority to investigate any type of educational discrimination. The Equality and Anti-Discrimination Ombudsman, in Norway, and the Equal Opportunities Ombudsman, in Sweden, also have such competence.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Justiciability of the right to education 2013, para. 15
- Paragraph text
- A number of international human rights conventions establish the right to education. This right is covered comprehensively in UNESCO’s Convention against Discrimination in Education (1960) and in articles 13 and 14 of the International Covenant on Economic, Social and Cultural Rights (1966). Several other human rights conventions recognize the right to education for specific groups of individuals. These include (a) the Convention on the Rights of the Child, articles 28–30; (b) the Convention on the Elimination of All Forms of Discrimination against Women, article 10; (c) the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, articles 12 and 30; (d) the Convention on the Elimination of Racial Discrimination, article 5(e); and (e) the Convention on the Rights of Persons with Disabilities, article 24.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Access to land and the right to food 2010, para. 14
- Paragraph text
- Access to land and security of tenure are also essential for the ability of smallholders to achieve a decent standard of living. As noted above, the right to food imposes on States an obligation not to deprive individuals of access to the productive resources on which they depend. Where a community has settled on a piece of land and depends on that land for its livelihood, the obligation to respect the right to food thus requires that eviction of the community from that land be prohibited unless certain conditions are fulfilled. No eviction should take place that does not meet the criteria set out by the Committee on Economic, Social and Cultural Rights in its general comment No. 7, on the right to adequate housing: forced evictions, and in the Basic Principles and Guidelines on Development-Based Evictions and Displacement. Those guidelines provide a practical tool to assist States and agencies in developing policies, legislation, procedures and preventive measures to ensure that forced evictions do not take place or, should prevention fail, to provide effective remedies to those whose human rights have been violated.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to an adequate diet: the agriculture-food-health nexus 2012, para. 15
- Paragraph text
- Assessments of these various nutrition promotion initiatives and the projects under the umbrella of the SUN initiative fall outside the scope of the present report. The increasing international profile of nutrition should be welcomed. It is positive too that SUN acknowledges the need for efforts to scale up nutrition to be driven by national authorities with a cross-sectoral approach, and that it brings together commitment and support from developing country Governments, donors, civil society, development agencies and the private sector. In providing assistance however, these actors must not overlook the entitlements that have been established under international law for women, children, minorities, refugees and internally displaced persons, and other groups that may be subjected to marginalization and discrimination. The Special Rapporteur, while welcoming the progress made through SUN, calls for an explicit alignment of its initiatives with human rights, including the right to food. A number of observations should be made in this regard.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Impact of climate change on the right to food 2015, para. 66
- Paragraph text
- Climate change mitigation strategies that aim to reduce emissions from land use may also have a negative impact on food production methods. The clean development mechanism was established to encourage industrialized States to fund carbon reduction projects in developing countries. It has generated many projects and in 2012 it was estimated to have generated approximately $215 billion for developing countries. Yet the mechanism has been criticized for failing to ensure human rights protections and to prevent the approval of projects that have negative human rights impacts, including on food security, owing to a lack of a rigorous impact assessment procedure for prospective projects. Activities have been proposed that would change land use patterns to reduce carbon emissions or promote carbon capture and storage; it is claimed that such projects have led to the displacement of small-scale farmers and indigenous peoples and that farmers may not be directly compensated for the carbon credits derived from their activities.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 41
- Paragraph text
- Development-induced displacement is an increasingly widespread phenomenon with devastating impact. An estimated 15 million people each year are forced to relocate and resettle as a result of such interventions. Despite some of the more recent efforts to highlight land dispossession, as yet global institutions have been unable to discourage the practices and processes that undermine land rights, prevent equitable access and establish the context for large and small-scale displacements. The expanding mining sector has contributed to strong economic growth in some countries, with mining and oil concessions dramatically increasing in countries. The industry has however also generated social conflict in many States, particularly in rural areas, with mining activities coming into direct competition with small-scale agriculture. Indigenous peoples are particularly vulnerable as they are often forced to leave their land and sources of livelihood. A lack of engagement and opportunities for participation in decisions that affect their lives has left many communities in situations of dire poverty and without access to adequate food and nutrition.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Poverty
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Access to justice and the right to food: the way forward 2015, para. 54
- Paragraph text
- If TNC activities are criminally justiciable and reasonable compensation is enforceable, the issue of extraterritoriality may not arise. However, in cases of indirect violations of the right to food, for instance by way of voluntary displacement or not being able to farm because of a lack of access to necessary resources such as water because of privatization, or seeds because of a monopoly by TNCs, human rights adjudication becomes vital. Consequently, such remedies should provide enforceable compensation and restitution. The remedies currently available for individuals whose economic, social and cultural rights are violated are somewhat limited. Considerable improvements in this regard are essential for cases involving violations of the right to food to be protected from violations committed by foreign and national actors.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Eradicating contemporary forms of slavery from supply chains 2015, para. 16
- Paragraph text
- While in the Slavery Convention reference is made to forced labour and States are called on to take all necessary measures to prevent compulsory or forced labour from developing into conditions analogous to slavery (art. 5), forced labour was not defined until the ILO Forced Labour Convention, 1930 (No. 29). The right not to be subjected to forced labour is now enshrined in a number of other international instruments, including in the ILO Abolition of Forced Labour Convention, 1957 (No. 105), the International Covenant on Civil and Political Rights (art. 8 (3)) and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (art. 11 (1)). In the ILO Declaration on Fundamental Principles and Rights at Work (1998), the elimination of all forms of forced or compulsory labour and the effective abolition of child labour is required.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 63
- Paragraph text
- The practice of detaining persons incommunicado and questioning them in unofficial or secret facilities is of grave concern because it exposes individuals to heightened risks of torture. Secret detention amounts to torture or ill-treatment in itself and should be abolished and criminalized under national law. States must ensure that questioning is conducted only at official and accessible facilities, regardless of the form of detention. In the criminal justice system, any evidence obtained from detainees in unofficial places of detention and not confirmed by them during subsequent interviews at official locations ought to be inadmissible in court (see A/56/156).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 30
- Paragraph text
- Journalists, confronted with attacks, threats and possible imprisonment, are often forced to flee their home countries to avoid risking their lives. Since 2001, more than 500 journalists have reportedly fled their countries of origin, and 454 remained in exile as at June 2010. At least 85 journalists fled their home countries between 1 June 2009 and 31 May 2010, double the number recorded in the previous year. In addition, at least 29 editors, reporters and photographers have fled the Islamic Republic of Iran since June 2009, the highest annual tally from a single country in a decade. Moreover, the exile rate of journalists fleeing Africa has allegedly tripled over the past year, with at least 42 journalists, most of them from Ethiopia and Somalia, fleeing their homes.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Activists
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Protection of journalists and press freedom 2010, para. 31
- Paragraph text
- The Special Rapporteur would like to draw attention to the difficulties faced by journalists who are forced to leave their countries of origin, as less than a third of exiled journalists are able to continue to work in their profession. They also encounter challenges as they attempt to establish a new legal status and adjust to different languages and cultures. The recipient States have an obligation to grant refugee status to journalists who meet the criteria stipulated in article 1A of the 1951 Convention relating to the Status of Refugees, not to expel or return them to the frontiers of territories where their life or freedom would be threatened, and to ensure that journalists in exile enjoy their rights. However, the Special Rapporteur would like to stress the obligation of all States to guarantee the protection of journalists in their own countries in the first place.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 63
- Paragraph text
- In accordance with general comment No. 23 of the Human Rights Committee on the rights of minorities (article 27 of the Covenant), the Special Rapporteur recalls that even when individuals are not citizens of the State where they live or happen to be, "a State party is required […] to ensure that the rights protected under the Covenant are available to all individuals within its territory and subject to its jurisdiction" (para. 5.1). The Special Rapporteur also reiterates that migrants and migrant communities, regardless of their legal migratory status, are fully entitled to exercise freedom of expression.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 25
- Paragraph text
- The gravity and the scale of the practice of disappearances by the regimes that were in power in Latin America from the 1960s, and the subsequent struggle of family members and society in general to establish the fate of the victims and to ensure investigation into the facts and punishment of the perpetrators, was initially at the centre of the development of the right to truth. During those regimes, the justice systems of the countries in which such acts occurred were completely ineffective in carrying out investigations into the facts. Moreover, many of the countries concerned adopted amnesty laws that not only ensured impunity for the perpetrators but, in effect, also impeded investigations by the justice systems.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The right to access information 2013, para. 40
- Paragraph text
- In the context of human rights violations, and especially in cases of serious violations, the rights of victims and their families to access information can have several aspects. First, gaining access to information regarding the circumstances surrounding a human rights violation is usually essential in order to give effect to other rights, such as due process, guarantees to a fair trial and the right to a remedy. Moreover, clarifying what occurred is in itself one of the elements of reparations for victims and family members. Lastly, in cases of violations such as disappearances, the violation is continuing and ceases only once family members are able to ascertain the facts and determine the fate of the disappeared person. The refusal of the State to provide information, or the provision by it of false information, constitutes an additional violation because it prolongs and deepens the anguish, in addition to the moral and emotional pain.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 20
- Paragraph text
- At both the international and regional levels, privacy is also unequivocally recognized as a fundamental human right. The right to privacy is enshrined by the Universal Declaration of Human Rights (art. 12), the International Covenant on Civil and Political Rights (ICCPR, art. 17), the Convention on the Rights of the Child (art. 16), and the International Convention on the Protection of All Migrant Workers and Members of Their Families (art. 14). At the regional level, the right to privacy is protected by the European Convention on Human Rights (art. 8) and the American Convention on Human Rights (art. 11).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The protection of sources and whistle-blowers 2015, para. 59
- Paragraph text
- Basic protections are critical to an effective right to freedom of expression, accountability and democratic governance. Individual cases of disproportionate treatment and retaliation against sources and whistle-blowers have been in the public eye over recent years, relating to intelligence agencies, asylum programmes, public health, environmental protection, corruption in the business and financial sectors, international organizations and many other domains. The Special Rapporteur has avoided mentioning specific cases in the present report. Moving forward, the principles identified in the present report will be applied in communications with Governments and international organizations on specific cases. The Special Rapporteur looks forward to a dialogue with Governments to help to improve their legal frameworks and establish effective protection of sources and whistle-blowers.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 25
- Paragraph text
- In the case of non-citizens and migrants, the Special Rapporteur notes that international law does allow for some citizenship-related limitations on certain political rights, such as voting rights and the ability to hold political office. It is however precisely for that reason that States should ensure that migrants are not stripped of other fundamental rights, particularly assembly rights. An individual's lack of citizenship or legal status does not mean that she or he should have no voice whatsoever in the political, economic or social affairs of her or his country of residence. In a sense, groups that are disenfranchised from mainstream political activities, such as voting and holding office, have an even greater need for alternative means to participate in the public sphere. Peaceful assemblies are an important tool for allowing the voices of otherwise excluded groups to be heard.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 38
- Paragraph text
- The Special Rapporteur also notes with concern that citizenship laws are, by their nature, frequently politicized and often drafted by dominant groups and thus provide an inherently problematic basis for denying the assembly rights of non-dominant groups. One of the more disturbing cases that the Special Rapporteur has examined is the situation of some 700,000 members of the Rohingya minority in Myanmar. The origins of the Rohingya people are controversial; some historians claim that the group dates back centuries, while others claim that the group largely comprises descendants of migrants who arrived during the British colonial period. Yet under Myanmar law, Rohingya are considered "non-nationals" and do not have citizenship rights. By extension, they have no right to peaceful public assembly under domestic law.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Challenges faced by groups most at risk when exercising or seeking to exercise the rights to freedom of peaceful assembly and/or of association 2014, para. 48
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- Legislation that explicitly excludes individuals or groups from forming associations on the basis of prohibited grounds constitutes a violation of the rights of those groups. For example, migrant workers are explicitly prohibited from forming trade unions in Singapore, and they are not allowed to join or form unions in the Plurinational State of Bolivia (CMW/C/BOL/CO/2, para. 34). In some instances non-nationals are allowed to join existing trade unions or labour associations but are not allowed to hold office in those associations, as in Singapore. However, the restriction on forming their own associations deprives migrants of autonomy and vehicles through which to advocate or promote issues of concern that may differ from those of nationals.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date added
- Aug 19, 2019
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The rights to freedom of peaceful assembly and of association in the context of natural resource exploitation projects 2015, para. 52
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- The Special Rapporteur notes that requirements to obtain prior authorization before gatherings related to the exploitation of natural resources - such as information sessions, consultations, public hearings and the like - not only infringe on the right to freedom of peaceful assembly, they also impede the right of affected communities to access information and participate in decision-making. In Uganda, non-governmental organizations working on oil issues are reportedly required by authorities to seek permission, in particular from the Ministry of Energy and Mineral Development before they can meet with grassroots communities, although the authorities have made efforts to remedy this situation.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Persons on the move
- Year
- 2015
- Date added
- Aug 19, 2019
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