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Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The authentication or similar formalities otherwise required shall be unnecessary when requests for cooperation encompassed by this Convention are transmitted via consular or diplomatic channels or via the Central Authorities, and when conveyed directly from one tribunal to another in the border area of the States Parties. No authentication in the requesting State Party shall be required in the case of related documents returned via the same channels. Where necessary, the requests shall be translated into the official language or languages of the State Party to which they are addressed. With respect to attachments, a translation of the summary of the essential information shall suffice.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- In any proceeding provided for under this chapter, the competent authority may order the person or organization responsible for international traffic in minors to pay the costs and expenses of locating and returning the minor if such person or organization is a party to the proceeding. A person or authority lodging a request for the return or, where applicable, the competent authority may bring a civil action to recover costs, including legal fees and the expenses of locating and returning the minor, unless said costs were already assessed in a criminal proceeding or a proceeding under this chapter. The competent authority or any injured person or authority may bring a civil action for damages against the persons or organizations responsible for the international traffic in minors involving the minor.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Conclusion On Identification, Prevention And Reduction Of Statelessness And Protection Of Stateless Persons 2006, para. (b)
- Paragraph text
- Calls on UNHCR to continue to work with interested Governments to engage in or to renew efforts to identify stateless populations and populations with undetermined nationality residing in their territory, in cooperation with other United Nations agencies, in particular UNICEF and UNFPA as well as DPA, OHCHR and UNDP within the framework of national programmes, which may include, as appropriate, processes linked to birth registration and updating of population data;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Infants
- Year
- 2006
Paragraph
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 15
- Paragraph text
- As regards articles 7 and 10, States parties must provide all information relevant to ensuring that the rights of persons deprived of their liberty are protected on equal terms for men and women. In particular, States parties should report on whether men and women are separated in prisons and whether women are guarded only by female guards. States parties should also report about compliance with the rule that accused juvenile females shall be separated from adults and on any difference in treatment between male and female persons deprived of liberty, such as access to rehabilitation and education programmes and to conjugal and family visits.Pregnant women who are deprived of their liberty should receive humane treatment and respect for their inherent dignity at all times, and in particular during the birth and while caring for their newborn children; States parties should report on facilities to ensure this and on medical and health care for such mothers and their babies.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Men
- Women
- Year
- 2000
Paragraph
Vision of the mandate 2014, para. 39
- Paragraph text
- Maintaining breast-feeding programmes, especially in countries experiencing the HIV epidemic poses a major challenge. The Special Rapporteur intends to coordinate with the United Nations Children's Fund the World Health Organization and other relevant stakeholders to help develop policies for strengthening specific programmes for young children. She also encourages States to fully implement the Global Strategy on Infant and Young Child Feeding, to position breastfeeding as the norm and to respect and promote community-based food sovereignty approaches to complementary feeding. The International Code of Marketing of Breast-milk Substitutes, adopted by the World Health Assembly at its thirty-fourth session in 1981 as a minimum requirement to protect and promote appropriate infant and young child feeding, should also be supplemented by further monitoring and regulation to ensure that companies responsible for the production of baby food follow similar quality control regulations for domestic use to those for export products.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2014
Paragraph
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 28
- Paragraph text
- The Special Rapporteur on Prisons and Conditions of Detention in Africa of the African Commission on Human and Peoples' Rights noted in a 2001 report on prisons in Malawi that prisons were not safe place for pregnant women, babies and young children and that it was not advisable to separate babies and young children from their mothers. Even very short periods in detention settings can undermine a child's psychological and physical well-being, compromise cognitive development and result in higher rates of suicide, self-harm, mental disorders and developmental problems (A/HRC/28/68). Children living in prison with their mothers may be at heightened risk of suffering violence, abuse and conditions of confinement that amount to torture or ill-treatment. In this context, the imprisonment of pregnant women and women with young children must be reduced to a minimum.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2016
Paragraph
Study on illegal adoptions 2017, para. 39
- Paragraph text
- The above-mentioned motivations for carrying out illegal adoptions often overlapped, as was notably the case in Spain throughout the Franco regime and during the first decades of democracy. Indeed, the practice of illegally adopting children for ideological and religious reasons soon morphed into a profit-driven criminal activity. Thousands of newborn babies were reportedly abducted from their parents by criminal networks involved in large-scale illegal adoptions. Medical personnel and clergy members actively participated in the abduction of children. Newborn babies were abducted from hospitals and subsequently told that their parents had died. The children were then given to other parents following the falsification of documents and, in certain cases, payments.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Infants
- Year
- 2017
Paragraph
SAARC Convention on Regional Arrangements for the Promotion of Child Welfare in South Asia 2002, para. 3d
- Paragraph text
- States Parties shall ensure that appropriate legal and administrative mechanisms and social safety nets and defenses are always in place to: (d) States Parties shall make civil registration of births, marriages and deaths, in an official registry, compulsory in order to facilitate the effective enforcement of national laws, including the minimum age for employment and marriage.
- Body
- South Asian Association for Regional Cooperation
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 2002
Paragraph
Implementing child rights in early childhood 2006, para. 43
- Paragraph text
- Looking forward. The Committee urges all States parties, inter governmental organizations, non governmental organizations, academics, professional groups and grass roots communities to continue advocating for the establishment of independent institutions on children's rights and foster continuous, high level policy dialogues and research on the crucial importance of quality in early childhood, including dialogues at international, national, regional and local levels.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 2006
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1e
- Paragraph text
- State Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular: ensure that a death sentence shall not be imposed on such mothers;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 1990
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The purpose of the present Convention, with a view to protection of the fundamental rights of minors and their best interests, is the prevention and punishment of the international traffic in minors as well as the regulation of its civil and penal aspects. Accordingly, the States Parties to this Convention undertake to: a) ensure the protection of minors in consideration of their best interests; b) institute a system of mutual legal assistance among the States Parties, dedicated to the prevention and punishment of the international traffic in minors, as well as adopt related administrative and legal provisions to that effect; and c) ensure the prompt return of minors who are victims of international traffic to the State of their habitual residence, bearing in mind the best interests of the minors.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The following shall have competence in cases of crimes involving international traffic in minors: a) the State Party where the wrongful conduct occurred; b) the State Party that is the habitual residence of the minor; c) the State Party in which the alleged offender is located if said offender has not been extradited. d) the State Party in which the minor who is a victim of said traffic is located. For the purposes of the preceding paragraph, the State Party that first conducted formal proceedings concerning the wrongful act shall have preference.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Implementing child rights in early childhood 2006, para. 42
- Paragraph text
- International assistance. Acknowledging the resource constraints affecting many States parties seeking to implement the comprehensive provisions outlined in this general comment, the Committee recommends that donor institutions, including the World Bank, other United Nations bodies and bilateral donors support early childhood development programmes financially and technically, and that it be one of their main targets in assisting sustainable development in countries receiving international assistance. Effective international cooperation can also strengthen capacity building for early childhood, in terms of policy development, programme development, research and professional training.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 2006
Paragraph
Conclusion on civil registration 2013, para. (c)
- Paragraph text
- Urges UNHCR, with the consent of and in full cooperation with the Governments concerned, and, when appropriate in cooperation with other relevant United Nations agencies, funds and programmes, as well as regional organizations and civil society, to facilitate civil registration, in particular birth registration, through for example collecting and sharing good practices, holding technical workshops, capacity building activities, and providing information and advice to concerned persons, and also to abide by the fundamental principles and inter national norms and standards governing the protection of personal data;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Infants
- Year
- 2013
Paragraph
The nature of States parties’ obligations 1990, para. 3
- Paragraph text
- The means which should be used in order to satisfy the obligation to take steps are stated in article 2 (1) to be "all appropriate means, including particularly the adoption of legislative measures". The Committee recognizes that in many instances legislation is highly desirable and in some cases may even be indispensable. For example, it may be difficult to combat discrimination effectively in the absence of a sound legislative foundation for the necessary measures. In fields such as health, the protection of children and mothers, and education, as well as in respect of the matters dealt with in articles 6 to 9, legislation may also be an indispensable element for many purposes.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Year
- 1990
Paragraph
The right to adequate food (Art. 11) 1999, para. 30
- Paragraph text
- Appropriate United Nations programmes and agencies should assist, upon request, in drafting the framework legislation and in reviewing the sectoral legislation. FAO, for example, has considerable expertise and accumulated knowledge concerning legislation in the field of food and agriculture. The United Nations Children's Fund (UNICEF) has equivalent expertise concerning legislation with regard to the right to adequate food for infants and young children through maternal and child protection including legislation to enable breastfeeding, and with regard to the regulation of marketing of breast milk substitutes.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Youth
- Year
- 1999
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 95
- Paragraph text
- Legislation should fulfil a number of additional functions in the realization of children's right to health by defining the scope of the right and recognizing children as rights-holders; clarifying the roles and responsibilities of all duty bearers; clarifying what services children, pregnant women and mothers are entitled to claim; and regulating services and medications to ensure that they are of good quality and cause no harm. States must ensure that adequate legislative and other safeguards exist to protect and promote the work of human rights defenders working on children's right to health.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2013
Paragraph
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 87
- Paragraph text
- The Convention should guide all international activities and programmes of donor and recipient States related directly or indirectly to children's health. It requires partner States to identify the major health problems affecting children, pregnant women and mothers in recipient countries and to address them in accordance with the priorities and principles established by article 24. International cooperation should support State-led health systems and national health plans.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2013
Paragraph
Report of the SR on the right to health and Agenda 2030 2016, para. 64
- Paragraph text
- Review at the national and subnational levels should take place within existing national structures and processes, including national human rights institutions, policy review processes, comprehensive maternal death audits, patient's rights tribunals, and litigation. For example, national human rights institutions provide accountability for the right-to-health-related Sustainable Development Goals, including by undertaking national assessments and enquiries and by participating in other domestic and international review processes, offering advice to Governments on promoting and protecting rights in national implementation plans and on rights-based implementation, including through support for the development and use of human rights impact assessments.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- Infants
- Year
- 2016
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. b
- Paragraph text
- This Convention shall apply to any minor who is habitually resident in a State Party or is located in a State Party at the time when an act of international traffic occurs in respect of him or her. For the purpose of the present Convention: b) "International traffic in minors" means the abduction, removal or retention, or attempted abduction, removal or retention, of a minor for unlawful purposes or by unlawful means.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- The judicial or administrative authorities of the State Party of the minor's habitual residence, or those of the State Party where the minor is or is assumed to be retained, shall be competent to hear the request for the minor's location and return, at the option of the complainants. When in the complainants' view there are urgent reasons, the request may be submitted to the judicial or administrative authorities of the State Party where the wrongful act occurred.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1f
- Paragraph text
- State Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular: the essential aim of the penitentiary system will be the reformation, integration of the mother to the family and social rehabilitation.
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Infants
- Year
- 1990
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- Adoptions and other similar legal proceedings performed in a State Party shall be subject to annulment if they had their origin or purpose in international traffic in minors. In such annulment, the minor's best interests shall be taken into account at all times. The annulment shall be subject to the law and the competent authorities of the State where the adoption or legal proceedings concerned took place.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Inter-American Convention on International Traffic in Minors 1994, para. undefined
- Paragraph text
- Having confirmed that a victim of traffic in minors is present within their jurisdiction, the competent authorities of a State Party shall take such immediate measures as may be necessary for the minor's protection, including those of a preventive nature to ensure that the minor is not improperly removed to another State. The Central Authorities shall inform the competent authorities of the State of the minor's previous habitual residence of all such measures. The intervening authorities shall take such steps as may be necessary to keep the persons or authorities seeking the minor's location and return duly informed of the measures adopted.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Infants
- Year
- 1994
Paragraph
Right to food and nutrition 2016, para. 69
- Paragraph text
- In the technical guidance on the application of a human rights-based approach to the implementation of policies and programmes to reduce and eliminate preventable mortality and morbidity of children under 5 years of age (A/HRC/27/31) Member States are urged to regulate private actors over which they exercise control, including producers and marketers of breast milk substitutes and other relevant companies (para. 70 (g)). The Committee on the Rights of the Child, in its general comment No. 15, also calls upon private companies to comply with the International Code of Marketing of Breast-milk Substitutes and relevant World Health Assembly resolutions. In its most recent resolution on ending inappropriate promotion of foods for infants and young children, adopted in May 2016, the World Health Assembly called upon manufacturers and distributors of foods for infants and young children to end all forms of inappropriate promotion.
- Body
- Special Rapporteur on the right to food
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Year
- 2016
Paragraph
Right to health and criminalization of same-sex conduct and sexual orientation, sex-work and HIV transmission 2010, para. 67
- Paragraph text
- In Sierra Leone, a person infected with HIV (and aware of the fact) must "take all reasonable measures and precautions to prevent the transmission of HIV to others and in the case of pregnant women, the foetus", with criminal sanctions imposed for failure to do so. It is unclear what "all reasonable measures and precautions" in the case of prevention of mother-to-child transmission would include, and whether such standards are clearly articulated and understood by health-care providers and pregnant women themselves to ensure that an informed decision can be made. Given the complexity of guidance on the suitability of breastfeeding, decisions on infant feeding options involve a complex balancing of risks and benefits, and require that the mother be provided with accurate, comprehensible information. In this instance, the criminal law has the potential to punish women for the inadequacy of the government in providing appropriate services and education.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Children
- Infants
- Women
- Year
- 2010
Paragraph
SRSG on children and armed conflict: Annual report 2012, para. 38
- Paragraph text
- [Development, dissemination and enforcement of the law]: At the national level, effective investigations and prosecutions are potentially powerful prevention tools but continue to be weak. The failure to investigate grave violations against children or to sanction those responsible is often linked to broader accountability issues. Short of systematic prosecution, a system for deterrence should be built through the prosecution of the most persistent violators. Furthermore, practical measures can be implemented by Governments to prevent under-age recruitment, such as free birth registration or alternative mechanisms for age verification, in addition to conscription policies and mandatory vetting procedures to monitor child recruitment by national armies.
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Children
- Infants
- Year
- 2012
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55h
- Paragraph text
- [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That a national system of compulsory, accessible and free birth registration is established in order to effectively prevent harmful practices, including child marriage;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- Children
- Infants
- Year
- 2014
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1c
- Paragraph text
- State Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular: establish special alternative institutions for holding such mothers;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Children
- Infants
- Year
- 1990
Paragraph
African Charter on the Rights and Welfare of the Child 1990, para. 1d
- Paragraph text
- State Parties to the present Charter shall undertake to provide special treatment to expectant mothers and to mothers of infants and young children who have been accused or found guilty of infringing the penal law and shall in particular: ensure that a mother shall not be imprisoned with her child;
- Body
- Organization of African Unity
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Infants
- Year
- 1990
Paragraph