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Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 101. If the death penalty is pronounced on a prisoner of war, the sentence shall not be executed before the expiration of a period of at least six months from the date when the Protecting Power receives, at an indicated address, the detailed communication provided for in Article 107.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 143. The Swiss Federal Council shall register the present Convention with the Secretariat of the United Nations. The Swiss Federal Council shall also inform the Secretariat of the United Nations of all ratifications, accessions and denunciations received by it with respect to the present Convention. IN WITNESS WHEREOF the undersigned, having deposited their respective full powers, have signed the present Convention. DONE at Geneva this twelfth day of August 1949, in the English and French languages. The original shall be deposited in the Archives of the Swiss Confederation. The Swiss Federal Council shall transmit certified copies thereof to each of the signatory and acceding States.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 37. When prisoners of war have not the assistance of a retained chaplain or of a prisoner of war minister of their faith, a minister belonging to the prisoners' or a similar denomination, or in his absence a qualified layman, if such a course is feasible from a confessional point of view, shall be appointed, at the request of the prisoners concerned, to fill this office. This appointment, subject to the approval of the Detaining Power, shall take place with the agreement of the community of prisoners concerned and, wherever necessary, with the approval of the local religious authorities of the same faith. The person thus appointed shall comply with all regulations established by the Detaining Power in the interests of discipline and military security.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 118. The courts or authorities shall in passing sentence take as far as possible into account the fact that the defendant is not a national of the Detaining Power. They shall be free to reduce the penalty prescribed for the offence with which the internee is charged and shall not be obliged, to this end, to apply the minimum sentence prescribed. Imprisonment in premises without daylight, and, in general, all forms of cruelty without exception are forbidden. Internees who have served disciplinary or judicial sentences shall not be treated differently from other internees. The duration of preventive detention undergone by an internee shall be deducted from any disciplinary or judicial penalty involving confinement to which he may be sentenced. Internee Committees shall be informed of all judicial proceedings instituted against internees whom they represent, and of their result.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 93. Internees shall enjoy complete latitude in the exercise of their religious duties, including attendance at the services of their faith, on condition that they comply with the disciplinary routine prescribed by the detaining authorities. Ministers of religion who are interned shall be allowed to minister freely to the members of their community. For this purpose the Detaining Power shall ensure their equitable allocation amongst the various places of internment in which there are internees speaking the same language and belonging to the same religion. Should such ministers be too few in number, the Detaining Power shall provide them with the necessary facilities, including means of transport, for moving from one place to another, and they shall be authorized to visit any internees who are in hospital. Ministers of religion shall be at liberty to correspond on matters concerning their ministry with the religious authorities in the country of detention and, as far as possible, with the international religious organizations of their faith. Such correspondence shall not be considered as forming a part of the quota mentioned in Article 107. It shall, however, be subject to the provisions of Article 112. When internees do not have at their disposal the assistance of ministers of their faith, or should these latter be too few in number, the local religious authorities of the same faith may appoint, in agreement with the Detaining Power, a minister of the internees' faith or, if such a course is feasible from a denominational point of view, a minister of similar religion or a qualified layman. The latter shall enjoy the facilities granted to the ministry he has assumed. Persons so appointed shall comply with all regulations laid down by the Detaining Power in the interests of discipline and security.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 100. Prisoners of war and the Protecting Powers shall be informed as soon as possible of the offences which are punishable by the death sentence under the laws of the Detaining Power. Other offences shall not thereafter be made punishable by the death penalty without the concurrence of the Power on which the prisoners of war depend. The death sentence cannot be pronounced on a prisoner of war unless the attention of the court has, in accordance with Article 87, second paragraph, been particularly called to the fact that since the accused is not a national of the Detaining Power, he is not bound to it by any duty of allegiance, and that he is in its power as the result of circumstances independent of his own will.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 78 Prisoners of war shall have the right to make known to the military authorities in whose power they are, their requests regarding the conditions of captivity to which they are subjected. They shall also have the unrestricted right to apply to the representatives of the Protecting Powers either through their prisoners' representative or, if they consider it necessary, direct, in order to draw their attention to any points on which they may have complaints to make regarding their conditions of captivity. These requests and complaints shall not be limited nor considered to be a part of the correspondence quota referred to in Article 71. They must be transmitted immediately. Even if they are recognized to be unfounded, they may not give rise to any punishment. Prisoners' representatives may send periodic reports on the situation in the camps and the needs of the prisoners of war to the representatives of the Protecting Powers.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. B.1
- Paragraph text
- Art 4.B. The following shall likewise be treated as prisoners of war under the present Convention: (1) Persons belonging, or having belonged, to the armed forces of the occupied country, if the occupying Power considers it necessary by reason of such allegiance to intern them, even though it has originally liberated them while hostilities were going on outside the territory it occupies, in particular where such persons have made an unsuccessful attempt to rejoin the armed forces to which they belong and which are engaged in combat, or where they fail to comply with a summons made to them with a view to internment.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 86. No prisoner of war may be punished more than once for the same act or on the same charge.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 41. In every camp the text of the present Convention and its Annexes and the contents of any special agreement provided for in Article 6, shall be posted, in the prisoners' own language, in places where all may read them. Copies shall be supplied, on request, to the prisoners who cannot have access to the copy which has been posted. Regulations, orders, notices and publications of every kind relating to the conduct of prisoners of war shall be issued to them in a language which they understand. Such regulations, orders and publications shall be posted in the manner described above and copies shall be handed to the prisoners' representative. Every order and command addressed to prisoners of war individually must likewise be given in a language which they understand.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 1949
- Date modified
- Mar 10, 2020
Paragraph
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 ... 2017, para. 21
- Paragraph text
- The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Achieving durable solutions for internally displaced persons in urban settings 2014, para. 42
- Paragraph text
- Such complexities do not serve as excuses for not undertaking profiling, given that the failure to do so complicates planning and programming regarding durable solutions and may actually render such solutions unsustainable. Rather, the complexities point to the need for and importance of specialized and knowledge-based services in the field of profiling, such as those provided by the Joint IDP Profiling Service. Georgia, Serbia and Sri Lanka offer examples of recent profiling exercises in the context of durable solutions. The Special Rapporteur insists on the absolute necessity of profiling exercises to ensure that policies and programmes effectively respond to the evidence-based durable solution needs of internally displaced persons. In many contexts, the lack of cross-thematic profiles of the experience and intentions of displaced persons makes programming and policies less adapted and accurate. As often emphasized by the Special Rapporteur, the profiling exercise should, to achieve its goal, remain participatory and respectful of the anonymity required for the protection of those concerned.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 43
- Paragraph text
- It is well established that the term "cruel, inhuman or degrading treatment or punishment" must be interpreted to extend the widest possible protection against abuses (see the Body of Principles). When persons are deprived of liberty, the prohibition of torture and ill-treatment overlaps with and is supplemented by the principle of humane treatment of detainees (see A/68/295). The European Court of Human Rights, in Bouyid v. Belgium, has highlighted the inherent link between concepts of degrading treatment or punishment and human dignity, finding that treatment that "humiliates or debases an individual, show[s] a lack of respect for or diminish[es] his or her human dignity, or arouses feelings of fear, anguish or inferiority capable of breaking an individual's moral and physical resistance" may be characterized as degrading. Any act by law enforcement that diminishes a person's human dignity, including the use of physical force when not strictly necessitated by his or her conduct, violates the prohibition of torture and ill treatment.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2016
- Date modified
- Feb 14, 2020
Paragraph
Solitary confinement 2011, para. 76
- Paragraph text
- The Special Rapporteur asserts that social isolation is contrary to article 10, paragraph 3, of the International Covenant on Civil and Political Rights, which states that "The penitentiary system shall comprise treatment of prisoners the essential aim of which shall be their reformation and social rehabilitation" (General Assembly resolution 2200 (XXI), annex). Long periods of isolation do not aid the rehabilitation or re-socialization of detainees (E/CN.4/2006/6/Add.4, para. 48). The adverse acute and latent psychological and physiological effects of prolonged solitary confinement constitute severe mental pain or suffering. Thus the Special Rapporteur concurs with the position taken by the Committee against Torture in its General Comment No. 20 that prolonged solitary confinement amounts to acts prohibited by article 7 of the Covenant, and consequently to an act as defined in article 1 or article 16 of the Convention. For these reasons, the Special Rapporteur reiterates that, in his view, any imposition of solitary confinement beyond 15 days constitutes torture or cruel, inhuman or degrading treatment or punishment, depending on the circumstances. He calls on the international community to agree to such a standard and to impose an absolute prohibition on solitary confinement exceeding 15 consecutive days.
- 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
- 2011
- Date modified
- Feb 14, 2020
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 25
- Paragraph text
- The European Court of Human Rights, in El-Masri, held that a State was responsible for acts performed by foreign officials on its territory with the "acquiescence or connivance of its authorities", imputing to the former Yugoslav Republic of Macedonia harmful conduct that was "carried out in the presence of [its] officials" and within its jurisdiction". The Court further found that Poland had an obligation to do more than refrain from collaborating with and facilitating the Central Intelligence Agency rendition programme when it knew or ought to have known that detainees would be subject to extraordinary rendition and exposed to a risk of torture or other ill-treatment upon transfer. Even when the Polish authorities did not "know exactly or witness what was happening in the facility", they were required to take measures to ensure that individuals within their jurisdiction were not subjected to mistreatment, including harm administered by private individuals (Abu Zubaydah v. Poland). The State should have taken steps to "inquire into whether [the activities of the Agency] were compatible" with the international legal obligations of Poland and indeed acted to prevent the activities in question (Al Nashiri v. Poland).
- 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
- 2015
- Date modified
- Feb 14, 2020
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. 47
- Paragraph text
- Other practices not directly related to the right to freedom of peaceful assembly may also be used as leverage to keep certain groups from freely exercising such right. Those practices include the expulsion of students from universities for participating in peaceful protests (for example, in Chile), the arrest and detention of, and excessive use of force against, peaceful Tibetan students calling for freedom to study the Tibetan language (China), the threat of revocation of residency, refugee or asylum status for participating in peaceful demonstrations, the existence of institutional obstacles that prevent demonstrators from receiving competent legal assistance if charged with an assembly-related crime (including the harassment and intimidation of lawyers who provide such assistance), and the threat of termination of employment (and legal residency status linked to employment in some circumstances) for participating in peaceful protests, for foreigners and migrants.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
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. 39
- Paragraph text
- Problems can arise even in States where the assembly rights of non-citizens are protected by law. The Special Rapporteur has received reports that in Cyprus, for example, some private employment contracts prohibit migrants from engaging in political activity, effectively depriving that group of their right to peacefully assemble (and freely associate). Although provisions contained in private employment contracts do not represent direct restrictions from the State, the State does have an important and pivotal role in prohibiting such restrictions, that is, by rejecting such restrictions as valid contractual terms under domestic law. The Special Rapporteur recalls that Member States have a responsibility to facilitate and protect the right to freedom of peaceful assembly. States should closely examine their role in supporting, even if inadvertently, private restrictions on that right. State mechanisms and institutions must not be used to enable private actors to abrogate fundamental rights.
- 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
- Person(s) affected
- Persons on the move
- Year
- 2014
- Date modified
- Feb 14, 2020
Paragraph
Personal Security of Refugees 1993, para. 2
- Paragraph text
- Reaffirming the responsibility of States to respect and ensure the fundamental human rights of refugees and asylum-seekers to life, liberty and security of person as well as to freedom from torture or other cruel, inhumane or degrading treatment or punishment.
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 1993
- Date modified
- Feb 14, 2020
Paragraph
Personal Security of Refugees 1993, para. (c)
- Paragraph text
- Calls upon States vigorously to investigate violations of the personal security of refugees and asylum- seekers, and where possible to institute criminal prosecution, and where applicable strict disciplinary measures, against all perpetrators of such violations;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 1993
- Date modified
- Feb 14, 2020
Paragraph
Voluntary Repatriation 1980, para. (i)
- Paragraph text
- Called upon the governments concerned to provide repatriating refugees with the necessary travel documents, visas, entry permits and transportation facilities and, if refugees have lost their nationality, to arrange for such nationality to be restored in accordance with national legislation;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 1980
- Date modified
- Feb 14, 2020
Paragraph
General Conclusion On International Protection 1980, para. (b)
- Paragraph text
- Noted with appreciation the work of the Sub-Committee of the Whole on International Protection as representing an important contribution to improving the legal situation of refugees;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 1980
- Date modified
- Feb 14, 2020
Paragraph
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 ... 2017, para. 15
- Paragraph text
- The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
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 ... 2017, para. 35
- Paragraph text
- The Committee on the Rights of the Child, in its general comment No. 12, underlines that adequate measures to guarantee the right to be heard should be implemented in the context of international migration, as children who come to a country could be in a particularly vulnerable and disadvantaged situation. For that reason, it is critical to implement fully their right to express their views on all aspects affecting their lives, including as an integral part of immigration and asylum proceedings, and for their views to be given due weight. Children may have their own migration projects and migration-driving factors, and policies and decisions cannot be effective or appropriate without their participation. The Committee also emphasizes that these children should be provided with all relevant information, inter alia, on their rights, the services available, means of communication, complaints mechanisms, the immigration and asylum processes and their outcomes. Information should be provided in the child’s own language in a timely manner, in a child-sensitive and age-appropriate manner, in order to make their voice heard and to be given due weight in the proceedings.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
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 ... 2017, para. 37
- Paragraph text
- States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
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 ... 2017, para. 37
- Paragraph text
- States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
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 ... 2017, para. 15
- Paragraph text
- The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
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 ... 2017, para. 35
- Paragraph text
- The Committee on the Rights of the Child, in its general comment No. 12, underlines that adequate measures to guarantee the right to be heard should be implemented in the context of international migration, as children who come to a country could be in a particularly vulnerable and disadvantaged situation. For that reason, it is critical to implement fully their right to express their views on all aspects affecting their lives, including as an integral part of immigration and asylum proceedings, and for their views to be given due weight. Children may have their own migration projects and migration-driving factors, and policies and decisions cannot be effective or appropriate without their participation. The Committee also emphasizes that these children should be provided with all relevant information, inter alia, on their rights, the services available, means of communication, complaints mechanisms, the immigration and asylum processes and their outcomes. Information should be provided in the child’s own language in a timely manner, in a child-sensitive and age-appropriate manner, in order to make their voice heard and to be given due weight in the proceedings.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
African Charter on Human and Peoples' Rights (Banjul Charter) 1981, para. 2a
- Paragraph text
- [For the purpose of strengthening peace, solidarity and friendly relations, State Parties to the present Charter shall ensure that:] any individual enjoying the right of asylum under Article 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State Party to the present Charter;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 1981
- Date modified
- Feb 14, 2020
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 6.1.
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Establish firewalls between immigration enforcement and public services, thereby allowing for access to justice, housing, health care, education, police, social and labour services for all migrants, without fear of detection, detention and deportation
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
- Date modified
- Feb 14, 2020
Paragraph
Pathways to, conditions and consequences of incarceration for women 2013, para. 73
- Paragraph text
- Finding housing is also a significant challenge for ex-prisoners, as they may not have enough money to pay upfront housing costs such as security deposits; application forms may require a disclosure of criminal history, which may impede access to housing; and they may be unable to return to or are unwelcome in their previous home.
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date modified
- Feb 14, 2020
Paragraph