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Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 41. Should the Power, in whose hands protected persons may be, consider the measures of control mentioned in the present Convention to be inadequate, it may not have recourse to any other measure of control more severe than that of assigned residence or internment, in accordance with the provisions of Articles 42 and 43. In applying the provisions of Article 39, second paragraph, to the cases of persons required to leave their usual places of residence by virtue of a decision placing them in assigned residence elsewhere, the Detaining Power shall be guided as closely as possible by the standards of welfare set forth in Part III, Section IV of this Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 1949
- Paragraph type
- Article
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 125. Internees awarded disciplinary punishment shall be allowed to exercise and to stay in the open air at least two hours daily. They shall be allowed, if they so request, to be present at the daily medical inspections. They shall receive the attention which their state of health requires and, if necessary, shall be removed to the infirmary of the place of internment or to a hospital. They shall have permission to read and write, likewise to send and receive letters. Parcels and remittances of money, however, may be withheld from them until the completion of their punishment; such consignments shall meanwhile be entrusted to the Internee Committee, who will hand over to the infirmary the perishable goods contained in the parcels. No internee given a disciplinary punishment may be deprived of the benefit of the provisions of Articles 107 and 143 of the present Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Movement
- Year
- 1949
- Paragraph type
- Article
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 136. Upon the outbreak of a conflict and in all cases of occupation, each of the Parties to the conflict shall establish an official Information Bureau responsible for receiving and transmitting information in respect of the protected persons who are in its power. Each of the Parties to the conflict shall, within the shortest possible period, give its Bureau information of any measure taken by it concerning any protected persons who are kept in custody for more than two weeks, who are subjected to assigned residence or who are interned. It shall, furthermore, require its various departments concerned with such matters to provide the aforesaid Bureau promptly with information concerning all changes pertaining to these protected persons, as, for example, transfers, releases, repatriations, escapes, admittances to hospitals, births and deaths.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 1949
- Paragraph type
- Article
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 42. The internment or placing in assigned residence of protected persons may be ordered only if the security of the Detaining Power makes it absolutely necessary. If any person, acting through the representatives of the Protecting Power, voluntarily demands internment, and if his situation renders this step necessary, he shall be interned by the Power in whose hands he may be.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 1949
- Paragraph type
- Article
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 5
- Paragraph text
- 5. Each Party shall adopt such legislative or other measures as may be necessary to permit, in accordance with its internal law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Convention.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 2005
- Paragraph type
- Article
Paragraph
American Convention on Human Rights 1969, para. 9
- Paragraph text
- 9. The collective expulsion of aliens is prohibited.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 1969
- Paragraph type
- Article
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 4
- Paragraph text
- 4. If a victim submits an application for another kind of residence permit, the Party concerned shall take into account that he or she holds, or has held, a residence permit in conformity with paragraph 1.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2005
- Paragraph type
- Article
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 78. If the Occupying Power considers it necessary, for imperative reasons of security, to take safety measures concerning protected persons, it may, at the most, subject them to assigned residence or to internment. Decisions regarding such assigned residence or internment shall be made according to a regular procedure to be prescribed by the Occupying Power in accordance with the provisions of the present Convention. This procedure shall include the right of appeal for the parties concerned. Appeals shall be decided with the least possible delay. In the event of the decision being upheld, it shall be subject to periodical review, if possible every six months, by a competent body set up by the said Power. Protected persons made subject to assigned residence and thus required to leave their homes shall enjoy the full benefit of Article 39 of the present Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 1949
- Paragraph type
- Article
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 93. Escape or attempt to escape, even if it is a repeated offence, shall not be deemed an aggravating circumstance if the prisoner of war is subjected to trial by judicial proceedings in respect of an offence committed during his escape or attempt to escape. In conformity with the principle stated in Article 83, offences committed by prisoners of war with the sole intention of facilitating their escape and which do not entail any violence against life or limb, such as offences against public property, theft without intention of self-enrichment, the drawing up or use of false papers, or the wearing of civilian clothing, shall occasion disciplinary punishment only. Prisoners of war who aid or abet an escape or an attempt to escape shall be liable on this count to disciplinary punishment only.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Movement
- Violence
- Year
- 1949
- Paragraph type
- Article
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 61. The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body. Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments. All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 1949
- Paragraph type
- Article
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. The non-renewal or withdrawal of a residence permit is subject to the conditions provided for by the internal law of the Party.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2005
- Paragraph type
- Article
Paragraph
African Charter on Human and Peoples' Rights (Banjul Charter) 1981, para. 5
- Paragraph text
- The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 1981
- Paragraph type
- Article
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 41
- Paragraph text
- States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. States should also provide trafficked persons with temporary or permanent residence permits on social and humanitarian grounds, where a safe return to the country of origin is not guaranteed or a return would not otherwise be in the best interests of the trafficked person for reasons related to his or her personal circumstances, such as the loss of citizenship or cultural and social identity in the country of origin.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 81
- Paragraph text
- Discharging the obligation of identification will also require States to review existing victim identification procedures, protocols and practices and revise them as necessary to reflect the particular situation of victims of trafficking in persons for the removal of organs, including challenges of identification that are unique to this form of exploitation. Further steps would include ensuring that those in a position to identify victims (such as medical professionals and front-line law enforcement officials) have the technical capacity to do so effectively and that structures and procedures are in place to support such identification.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
Labour exploitation of migrants 2014, para. 80
- Paragraph text
- Ensure that all workers receive a contract in a language they understand, and that they are protected against contract substitution. Ensure that the contract signed by the worker in their home country is respected in the destination country, and that the work they perform is in accordance with their contract. Bilateral agreements between countries of origin and destination should strengthen human rights protection, and include a model contract which sets out the rights of the worker, including working conditions, and salary. Use certified recruitment agencies, and ensure that they do not work with non-registered sub-agencies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2014
- Paragraph type
- Conclusion / Recommendation
Paragraph
Detention of migrants in an irregular situation 2012, para. 70
- Paragraph text
- Administrative detention should not be applied as a punitive measure for violations of immigration laws and regulations, as those violations should not be considered criminal offences.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Year
- 2012
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 64
- Paragraph text
- There is also a risk that the development of a parallel legal regime for trafficking in organs will undermine the effectiveness of the extremely comprehensive legal regime that has been developed around trafficking in persons. Certainly, research conducted for the present report confirmed that the very robust and comprehensive set of rules and standards that apply to trafficking in persons for the removal of organs are not fully appreciated and are not being fully utilized. For example, as victims of trafficking in persons, those who have been subject to trafficking in persons for the removal of organs are entitled to a wide range of identification, assistance and protection rights that would not otherwise be available to them. The identification of transplantation-related exploitation as trafficking in persons for the removal of organs also imposes substantial and wide-ranging obligations on States with regard to criminalization and international legal and operational cooperation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 75
- Paragraph text
- States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. The conditionality of temporary residence permits on cooperation with law enforcement authorities is the antithesis of the human rights-based approach to combating trafficking in persons and should be abolished.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2011
- Paragraph type
- Conclusion / Recommendation
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 78
- Paragraph text
- All States should take steps to ensure that trafficking in persons for the removal of organs is fully and appropriately incorporated into national policies on trafficking in persons, including national action plans and national coordination and response mechanisms.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2013
- Paragraph type
- Conclusion / Recommendation
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Pay increased attention to quality linguistic and culturally appropriate early childhood, primary, post-primary and tertiary education that is responsive to the developmental needs of a region and the value of regional understanding and tolerance.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
Study on illegal adoptions 2017, para. 92
- Paragraph text
- States have been reluctant to react adequately to illegal adoptions. The lack of accountability and redress for victims of illegal adoptions, in part due to a lack of comprehensive national legislation criminalizing illegal adoption as a separate offence, is a major concern. In addition, investigations and prosecutions are rarely targeted at criminal structures involved in the commission of systematic illegal adoptions, often with State complicity. Sanctions for acts related to illegal adoptions rarely reflect the gravity of the crimes.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Violence
- Year
- 2017
- Paragraph type
- Conclusion / Recommendation
Paragraph
Prevention of trafficking in persons 2010, para. 78
- Paragraph text
- New technologies, in particular social networking, should be creatively and vigorously used and sustained to prevent and combat all forms of trafficking in persons, although it is recognized that its usage is limited in certain countries owing to the digital divide and access-related problems based on geographical location, age and gender differences.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Year
- 2010
- Paragraph type
- Conclusion / Recommendation
Paragraph
General Conclusion On International Protection 1997, para. (s)
- Paragraph text
- Reaffirms the right of all persons to return to their countries, and the responsibility of States to facilitate the return and reintegration of their nationals; recommends to States that strategies for facilitating the return, in safety and dignity, of persons not in need of international protection be examined within a framework of international cooperation; and encourages UNHCR to continue, in cooperation with other appropriate international organizations, to look into ways in which the return process of individuals, determined through fair and effective procedures not to be in need of international protection, can be facilitated, and to inform the Standing Committee;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 1997
- Paragraph type
- OP
Paragraph
Return of Persons found not to be in need of International Protection 2003, para. (e) ii
- Paragraph text
- [Calls on States to cooperate regarding the efficient and expeditious return of persons found not to be in need of international protection, to their countries of origin, other countries of nationality or countries with an obligation to receive them back, notably by:] finding practical solutions for the issuance of appropriate documentation to persons who are not or no longer in possession of a genuine travel document;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 2003
- Paragraph type
- OP
Paragraph
Return of Persons found not to be in need of International Protection 2003, para. (g)
- Paragraph text
- Recalls further that Annex 9 to the 1944 Convention on International Civil Aviation requires that States, when requested to provide travel documents to facilitate the return of one of its nationals, respond within a reasonable period of time, and not more than 30 days after such a request is made, either by issuing a travel document or by satisfying the requesting State that the person concerned is not one of its nationals;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 2003
- Paragraph type
- OP
Paragraph
General Conclusion On International Protection 2003, para. (v)
- Paragraph text
- Encourages States to co-operate with UNHCR on methods to resolve cases of statelessness and to consider the possibility of providing resettlement places where a stateless person's situation cannot be resolved in the present host country or other country of former habitual residence, and remains precarious;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 2003
- Paragraph type
- OP
Paragraph
General Conclusion On International Protection 1994, para. (k)
- Paragraph text
- Notes that a large number of those persons in need of international protection have been forced to flee or to remain outside their countries of origin as a result of danger to their life or freedom owing to situations of conflict;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Humanitarian
- Movement
- Year
- 1994
- Paragraph type
- OP
Paragraph
Return of Persons found not to be in need of International Protection 2003, para. (j) iii
- Paragraph text
- [Recommends, depending on the situation, that UNHCR complement the efforts of States in the return of persons found not to be in need of international protection by:] Continuing its dialogue with States to review their citizenship legislation, particularly if it allows renunciation of nationality without at the same time ensuring that the person in question has acquired another nationality and could be used to stop or delay the return of a person to a country of nationality;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 2003
- Paragraph type
- OP
Paragraph
Temporary Refuge 1980, para. (h)
- Paragraph text
- Decided to request the High Commissioner to convene as soon as possible a representative group of experts to examine temporary refuge in all its aspects within the framework of the problems raised by large- scale influx and to provide the group with all possible assistance.
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 1980
- Paragraph type
- OP
Paragraph
Minorities in situations of humanitarian crises 2016, para. 27
- Paragraph text
- The Special Rapporteur also includes disasters in her report, whether natural or man-made (see section H below). Defined as calamitous events that seriously disrupt the functioning of a community or society, disasters cause human, material and economic or environmental losses that exceed the community's or society's ability to cope using its own resources. These can be a result of spontaneous natural hazards, such as hurricanes, tsunamis, earthquakes, volcanic eruptions, and wildfires, or be a result of more frequent slow-onset and mega disasters such as recurring droughts or floods. Disasters can result in the devastation of communities, loss of lives, leading to displacement, or migration, and can also lead to more complex emergencies such as loss of livelihoods, famine, housing crises and medical pandemics, which can also lead to mass displacement.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Year
- 2016
- Paragraph type
- Other
Paragraph