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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
- Paragraph type
- Other
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
- Paragraph type
- Other
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
- Paragraph type
- Other
Paragraph
Financing education and update on education in emergencies 2011, para. 77
- Paragraph text
- The Special Rapporteur underlines that investing in preventive efforts through education is crucial to protect schools and the communities they serve from the impact of natural disasters. Therefore, education systems must be actively engaged in the development and implementation of risk management strategies. Through their regular activities, schools must also contribute to establishing a culture of prevention and preparedness among students, staff and the communities to which they belong. Considering that the risks and needs of communities vary greatly, even within the same region, it is important to ensure that risk management strategies are prepared through meaningful participatory processes involving the communities where schools are located.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Environment
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
Paragraph
Financing education and update on education in emergencies 2011, para. 65
- Paragraph text
- The volatility of support is another cause of concern. As already indicated, the sustainability of financial support is crucial for the adequate functioning of education systems. It can only be ensured through continued financial support enabling programmes to continue their course uninterrupted. Important opportunities are missed in post-emergency situations because of the lack of sustainable support and funding in the transition from a humanitarian response to a development framework. The need for further investment in national planning and information systems in recipient countries is also underlined in those contexts.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
Paragraph
Fisheries and the right to food 2012, para. 11
- Paragraph text
- Since the 1950s, there has been tremendous growth in fishing capacity worldwide, with the number and power of fishing vessels increasing dramatically. Between 1970 and 1990, global fish harvesting capacity grew eight times faster than the rate of growth in landings. Although this trend may have slowed, technological improvements in fishing (including the use of spotter planes, sonar devices and underwater mapping technology, in addition to new fishing gears and improvements in refrigeration and navigation) mean that fishing capacity is bound to continue to grow. It has been estimated that, because of overcapacity and technology creep, the capacity of the global aggregate fishing fleet is at least double that which is needed to exploit the oceans sustainably. Fishing sector subsidies may be contributing to this problem: each year, fisheries subsidies amount to between $30 billion and $34 billion, with $20 billion used to directly support improved fishing capacity, such as fuel and boatbuilding subsidies.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
Paragraph
Vision of the mandate 2014, para. 57
- Paragraph text
- There is a danger that emergency situations resulting from vulnerable livelihood systems (with their multiple underlying causes), such as natural disasters, climate change, violent conflict, occupation and insecurity, could become long-term, chronic crises. Key characteristics of such situations, which are defined by the Committee on World Food Security as "protracted crises" include severe malnutrition, high rates of food insecurity and vulnerable livelihood systems. The Committee is in the process of drafting a framework for action for addressing food insecurity and malnutrition in protracted crises. The Special Rapporteur hopes to contribute to the articulation of the principles for action in the framework and to promote the final document in discussions around the world.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Food & Nutrition
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Other
Paragraph
The right to access information 2013, para. 66a
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] There is an overriding public interest in disclosure of information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to personal liberty and security. Such information may not be withheld on national security grounds in any circumstances;
- 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
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
The right to access information 2013, para. 26
- Paragraph text
- In an attempt to address this issue, in particular since the 1980s, numerous countries have created inquiry commissions, more commonly known as truth commissions, to, in most cases, carry out investigations, make public their findings and provide recommendations regarding reparations and reconciliation. These commissions have largely reported on both the general circumstances leading to and surrounding human rights violations and individual cases. Such commissions were first established in Latin America following the collapse of military regimes and/or the end of armed conflicts that had given rise to large-scale, serious and systematic human rights violations, such as extrajudicial executions, disappearances and even genocide.
- 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
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 28
- Paragraph text
- The Special Rapporteur believes that the exercise of fundamental freedoms should not be subject to previous authorization by the authorities (as explicitly expressed in the Spanish Constitution), but at the most to a prior notification procedure, whose rationale is to allow State authorities to facilitate the exercise of the right to freedom of peaceful assembly and to take measures to protect public safety and order and the rights and freedoms of others. Such a notification should be subject to a proportionality assessment, not unduly bureaucratic and be required a maximum of, for example, 48 hours prior to the day the assembly is planned to take place. A notification procedure is in force in several countries, including Armenia, Austria, Canada, Cote d'Ivoire, Finland, Indonesia, Morocco, the Occupied Palestinian Territory, Portugal, Senegal, Serbia, and the United Republic of Tanzania. Prior notification should ideally be required only for large meetings or meetings which may disrupt road traffic. In the Republic of Moldova, any assembly of fewer than 50 participants may take place without prior notification and the change from an authorization to a notification procedure fostered an increase in the number of individuals exercising their right to freedom of peaceful assembly. In this context, the Special Rapporteur regrets that the law on demonstrations recently adopted by referendum in the canton of Geneva, Switzerland, provides for a fine of up to 100,000 Swiss francs for anyone who, inter alia, does not request an authorization to demonstrate or does not respect the content of the authorization.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 30
- Paragraph text
- The Special Rapporteur cautions multilateral institutions against what he sees as a total absence of will to take stock of situations that are often created or exacerbated by their own projects and meetings. The Special Rapporteur is alarmed at the extremely high number of reported violations to the right of peaceful assembly during summits of multilateral institutions as regularly happens with the North Atlantic Treaty Organization (NATO) and the G20. The organizing States often react with determination to rein in the civil society multitude, using militarized security measures, cordoned-off zones for official meetings, repression of peaceful protesters, and a general reduction of space for democratic discussion with increasing penalties for public misbehaviour - rules that appear much more permanent than temporary and that receive the implicit consent of the multilateral summit organizers.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Other
Paragraph
Right to health in conflict situations 2013, para. 2
- Paragraph text
- Contemporary conflicts take a variety of forms, including internal disturbances, protests, riots and civil strife and unrest, in addition to armed conflicts as addressed under international humanitarian law. They also include occupied territories and territories with constant military presence where populations may be affected by conflict for many years despite the lack of active hostilities. The report defines State obligations in relation to the right to health in all such conflict situations. Situations which do not meet the criteria for armed conflict or occupation are governed exclusively by human rights law, including the right to health. Armed conflict however is governed by international humanitarian law as well as human rights law.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Right to health in conflict situations 2013, para. 5
- Paragraph text
- The concurrent application of both sets of laws in armed conflict enhances the rights of affected populations. Additionally, human rights law ensures protection of affected populations where the application of international humanitarian law is disputed. Concurrent application is also helpful in situations directly concerning the right to health, such as the effects of general insecurity on health and its underlying determinants that may not be adequately captured under international humanitarian law. Human rights law also contains more specific obligations regarding availability, accessibility, acceptability and quality of health services than international humanitarian law does.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Right to health in conflict situations 2013, para. 9
- Paragraph text
- States are obliged to utilize the maximum available resources towards the realization of economic social and cultural rights, including the right to health. An aspect of this obligation is that the right to health is progressively realizable. However, due to the destruction or diversion of resources to military or police needs, conflicts often reduce the availability of resources which may, at times, be detrimental to the right to health. Even where resources are available, States may not be able to make use of them due to the insecurity and poor infrastructure in many conflict environments.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Right to health in conflict situations 2013, para. 62
- Paragraph text
- Violations of the right to health in conflict, including attacks on, and interference with, the delivery of health care, are often not fully captured in current monitoring systems. Monitoring of such violations in conflict and post-conflict situations is often poor or incomplete, due to insecurity and lack of systematic data collection and dissemination by States and international organizations. Monitoring mechanisms may focus excessively on high-profile issues such as attacks on international aid workers rather than more common violations such as threats against local workers or damage to underlying determinants. The practice of retaliating against whistleblowers may also mean that health-care workers and affected populations, who are in the best position to report violations of the right to health, may be reluctant to do so for fear of being unable to provide or access medical care.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 10
- Paragraph text
- Since the 1990s there has been a growing recognition of the importance of adopting a human rights approach (and the use of human rights enforcement mechanisms) in the resolution of conflicts and peacebuilding. The Secretary-General emphasized that the promotion of human rights is the common thread in the Organization's work in peace and security: "Human rights bodies are involved in early-warning and preventive activities, and human rights considerations are increasingly embodied in our response to crises." He also announced that the United Nations had commenced implementation of a rights-based approach to development, which "describes situations not simply in terms of human needs, or of developmental requirements, but in terms of society's obligation to respond to the inalienable rights of individuals. It empowers people to demand justice as a right, not as charity, and gives communities a moral basis from which to claim international assistance where needed". He then issued guidelines to his Special Representatives on how human rights standards should guide peace negotiations. In 2000 the Report on the Panel on United Nations Peace Operations (the "Brahimi Report") emphasized the importance of incorporating human rights into the work of peace missions. The Panel's key recommendations on a peacebuilding strategy for the United Nations included "a doctrinal shift in the use of civilian police, other rule of law elements and human rights experts in complex peace operations to reflect an increased focus on strengthening rule of law institutions and improving respect for human rights in post-conflict environments". It also recommended that "the ability of the Office of the United Nations High Commissioner for Human Rights to plan and support the human rights components of peace operations needs to be reinforced".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
Paragraph
Durable solutions for internally displaced persons: advancing the agenda: addressing the role of humanitarian and development actors in achieving durable solutions for internally displaced persons through peacebuilding in the aftermath of conflict 2013, para. 42
- Paragraph text
- Persistent barriers hinder cooperation between humanitarian, development and peacebuilding actors in support of durable solutions. They include different planning cycles, time frames, mandates, operational systems, terminology, vocabulary and approaches to working with Governments; use of different criteria to evaluate success and lack of common operationalizable benchmarks or indicators to measure progress towards durable solutions; lack of systematic, comprehensive and collaborative data collection and analysis, in addition to monitoring and evaluation exercises; disconnects between policies and priorities at the field and headquarters levels; inadequate engagement of the wide range of relevant ministries, international organizations (including development banks) and non-governmental organizations with roles to play in supporting solutions; failure to maximize the relative strengths of actors; lack of national and international ownership of the issue and lack of focused or coordinated leadership in support of solutions; lack of technical capacity and sustained support for solutions at the local, national and international levels; inadequate access to long-term funding, in particular to scale up successful pilots and integrate initiatives designed to support solutions into broader development programmes; that donors have separate funding streams for humanitarian and development programmes and struggle to ensure cooperation and coordination between them; insufficient consideration of durable solutions issues in transition and mission drawdown plans; failure to engage the private sector in developing innovative solutions; and insufficient awareness and inadequate integration of displacement considerations into development, peacebuilding and human rights capacity-building efforts.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 52
- Paragraph text
- By contrast, a number of reconstruction projects worldwide have attempted to see the reconstruction process "as an opportunity to promote a local development process" rather than being limited to restoring pre-disaster conditions - the participation of communities being essential in that regard.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
Paragraph
SRSG on violence against children: Annual report 2011, para. 77
- Paragraph text
- Securing sound support and predictable funding has been indispensable to promote progress in the present strategic agenda, and remains critical to ensure effective and independent performance of the Special Representative's mandate.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
Paragraph
Commissions of inquiry 2012, para. 36
- Paragraph text
- There are also examples of commissions of inquiry that have had limited success owing to other factors. In 2009, the Government of Sri Lanka dissolved the Presidential Commission of Inquiry, established to look into serious violations of human rights committed since 2006. The Commission was unable to complete its mandate as no extensions were granted owing to a lack of resources and political will. The final report of the truth and reconciliation commission in Liberia received criticism that it was poorly drafted, lacked transparent explanation of the evidence on which it was based and contained inconsistent policy recommendations. The law that established the truth and reconciliation commission in Indonesia in 2005 was struck down by the Constitutional Court on the grounds that the prerequisite of granting amnesties to perpetrators violated victims' rights as protected by the Constitution of Indonesia. The truth and reconciliation commission established in the Democratic Republic of the Congo in 2003 suffered from a number of critical flaws in its structure, including, most prominently, a lack of transparency in the selection of the commissioners, who included individuals with ties to those implicated in the crimes to be investigated.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2012
- Paragraph type
- Other
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 30
- Paragraph text
- The Convention's drafters explain that the clause "any territory under its jurisdiction" in article 5 (1) suggests a factual situation whereby the obligation to establish criminal jurisdiction is not limited to a State's land territory or territorial sea and airspace, but also applies to territories under military or colonial occupation and any other territories over which a State has factual control. If, for example, torture is committed on an oil rig or other installation on the continental shelf of a State party, that State "should be required to have [criminal] jurisdiction over the offense". Under the same rationale, the obligation to establish criminal jurisdiction over acts of torture committed by State agents extends also to situations of military presence or operations in a foreign country, with the consent of the local State, which are not strictly speaking governed by the rules of military occupation.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
- Paragraph type
- Other
Paragraph
Planning for the realization of the rights to water and sanitation 2011, para. 67
- Paragraph text
- Apart from assessing budget allocations from a human rights perspective, it is also essential to track expenditures, that is, determine whether the allocated budget has been utilized. If the projected budget has not been spent, this can indicate capacity problems. Such under-expenditure could be justified, though, with efficiency gains, that is, when the envisaged results have been achieved with fewer resources. Likewise, it will be important to track whether the resources have been spent in line with the priorities identified in the plan, and where this is not the case, to ascertain the reasons. These could relate to lack of capacity to spend resources, corrupt practices or other explanations.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
Paragraph
Sustainability and non-retrogression in the realisation of the rights to water and sanitation 2013, para. 56
- Paragraph text
- In times of crisis, accountability may weaken even further when existing regulatory institutions become underfunded. Examples exist of independent regulators receiving reduced funding to perform more functions, creating concerns about how the regulator could effectively fulfil its mandate and ensure accountability. This can happen in times of either growth or crisis, but the consequences are greater when other accountability mechanisms are removed due to financial pressures. For example, under various different austerity measures, judges are paid less, civil servants are laid off, and resources for courts, police, and national human rights institutions, which are all important for accountability, are decreased.
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Paragraph type
- Other
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 19
- Paragraph text
- The reflections that follow are an initial response regarding the key elements under the mandate.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Other
Paragraph
The role of digital access providers 2017, para. 8
- Paragraph text
- Internet and telecommunications shutdowns involve measures to intentionally prevent or disrupt access to or dissemination of information online in violation of human rights law (see A/HRC/32/13, para. 10). Governments typically conduct or order shutdowns, often with the assistance of private actors that operate networks or facilitate network traffic. Large-scale attacks on network infrastructure committed by private parties, such as distributed denial-of-service (DDoS) attacks, may also have shutdown effects. While shutdowns are frequently associated with total network outages, they may also arise when access to mobile communications, websites or social media and messaging applications is blocked, throttled or rendered “effectively unusable”. Shutdowns may affect towns or regions within a country, an entire country or even multiple countries and may last for periods ranging from hours to months.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Other
Paragraph
The role of digital access providers 2017, para. 10
- Paragraph text
- Shutdowns ordered pursuant to vaguely formulated laws and regulations also fail to satisfy the legality requirement. In Tajikistan, the amended Law on the State of Emergency authorizes the Government to block mobile services and Internet access without a court order following the declaration of a state of emergency. The law fails to define when and for what purposes a state of emergency may be declared. Such ambiguity enables authorities’ unfettered discretion to implement shutdowns. In some countries, authorities rely on antiquated laws to justify shutdowns. Laws and regulations adopted and implemented in secret also violate the legality requirement. In the United States of America, the National Coordinating Center for Telecommunications has largely redacted public release of standard operating procedure 303, an executive regulation that establishes “detailed procedures” on the “disruption of cellular service.” While these procedures have not been publicly invoked, the potential for authorities to evade legal scrutiny and public accountability runs contrary to article 19 of the Covenant.
- 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
- Person(s) affected
- N.A.
- Year
- 2017
- Paragraph type
- Other
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Xth Hague Convention of October 18, 1907 for the Adaptation to Maritime Warfare of the Principles of the Geneva Convention of 1906, have agreed as follows:
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 1949
- Paragraph type
- Other
Paragraph
Article 4: States of Emergency 2001, para. 13b
- 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.] The prohibitions against taking of hostages, abductions or unacknowledged detention are not subject to derogation. The absolute nature of these prohibitions, even in times of emergency, is justified by their status as norms of general international law.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2001
- Paragraph type
- Other
Paragraph
Unhealthy foods, non-communicable diseases and the right to health 2014, para. 59
- Paragraph text
- In addition, States should extend their assistance to low- and middle-income countries, which, due to their limited resources, may be unable to attain required nutrition standards, leading to an increased burden of NCDs. In such cases, States should extend their assistance through technology transfer, capacity-building and, where necessary, by providing monetary support (A/RES/66/2). This will help ensure that States lacking sufficient expertise develop and sustain the requisite technology to take preventive actions against NCDs.
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2014
- Paragraph type
- Other
Paragraph
The role of minority rights protection in promoting stability and conflict prevention 2011, para. 74
- Paragraph text
- Discussions about pooling the outputs of the early warning systems of the various funds, programmes and specialized agencies of the United Nations and the possible development of a common system have not made significant progress owing to the complexities of the systems and the different needs of each body. An achievable aim could be to pool best practices to be made available to United Nations Headquarters and in-country teams, particularly with regard to innovative new practice using computer technology to compile and process large quantities of context-specific data.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2011
- Paragraph type
- Other
Paragraph