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Return of Persons found not to be in need of International Protection 2003, para. (a)
- Paragraph text
- Reaffirms the right of everyone to leave any country, including his or her own, and to return to his or her own country as well as the obligation of States to receive back their own nationals, including the facilitation thereof, and remains seriously concerned, as regards the return of persons found not to be in need of international protection, that some countries continue to restrict the return of their own nationals, either outright or through laws and practices which effectively block expeditious return;
- 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
- Person(s) affected
- All
- Persons on the move
- Year
- 2003
Paragraph
Return of Persons found not to be in need of International Protection 2003, para. (e) i
- 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:] cooperating actively, including through their diplomatic and consular offices, in establishing the identity of persons presumed to have a right to return, as well as determining their nationality , where there is no evidence of nationality in the form of genuine travel or other relevant identity documents for the person concerned;
- 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
- All
- Year
- 2003
Paragraph
Comprehensive and Regional approaches within a Protection framework 1996, para. 3
- Paragraph text
- Recalling its encouragement to the High Commissioner to engage in consultations on possibilities and initiatives in specific areas with complex problems of coerced population movements as well as on achieving the objective of providing international protection to all who need it,
- 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
- Person(s) affected
- All
- Year
- 1996
Paragraph
Legal Safety Issues in the Context of Voluntary Repatriation of Refugees 2004, para. 3
- Paragraph text
- Noting the relevance for voluntary repatriation of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women,
- 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
- Person(s) affected
- All
- Year
- 2004
Paragraph
Article 4: States of Emergency 2001, para. 13d
- 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.] As confirmed by the Rome Statute of the International Criminal Court, deportation or forcible transfer of population without grounds permitted under international law, in the form of forced displacement by expulsion or other coercive means from the area in which the persons concerned are lawfully present, constitutes a crime against humanity. The legitimate right to derogate from article 12 of the Covenant during a state of emergency can never be accepted as justifying such measures.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 2001
Paragraph
Article 12: Freedom of movement 1999, para. 5
- Paragraph text
- The right to move freely relates to the whole territory of a State, including all parts of federal States. According to article 12, paragraph 1, persons are entitled to move from one place to another, and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place. Any restrictions must be in conformity with paragraph 3.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1999
Paragraph
Article 12: Freedom of movement 1999, para. 2
- Paragraph text
- The permissible limitations which may be imposed on the rights protected under article 12 must not nullify the principle of liberty of movement, and are governed by the requirement of necessity provided for in article 12, paragraph 3, and by the need for consistency with the other rights recognized in the Covenant.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1999
Paragraph
Article 12: Freedom of movement 1999, para. 9
- Paragraph text
- In order to enable the individual to enjoy the rights guaranteed by article 12, paragraph 2, obligations are imposed both on the State of residence and on the State of nationality. Since international travel usually requires appropriate documents, in particular a passport, the right to leave a country must include the right to obtain the necessary travel documents. The issuing of passports is normally incumbent on the State of nationality of the individual. The refusal by a State to issue a passport or prolong its validity for a national residing abroad may deprive this person of the right to leave the country of residence and to travel elsewhere. It is no justification for the State to claim that its national would be able to return to its territory without a passport.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1999
Paragraph
Article 12: Freedom of movement 1999, para. 21
- Paragraph text
- In no case may a person be arbitrarily deprived of the right to enter his or her own country. The reference to the concept of arbitrariness in this context is intended to emphasize that it applies to all State action, legislative, administrative, and judicial; it guarantees that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances. The Committee considers that there are few, if any, circumstances in which deprivation of the right to enter one's own country could be reasonable. A State party must not, by stripping a person of nationality or by expelling an individual to a third country, arbitrarily prevent this person from returning to his or her own country.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Persons on the move
- Year
- 1999
Paragraph
Article 12: Freedom of movement 1999, para. 12
- Paragraph text
- The law itself has to establish the conditions under which the rights may be limited. State reports should therefore specify the legal norms upon which restrictions are founded. Restrictions which are not provided for in the law or are not in conformity with the requirements of article 12, paragraph 3, would violate the rights guaranteed by paragraphs 1 and 2.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1999
Paragraph
Article 12: Freedom of movement 1999, para. 15
- Paragraph text
- The principle of proportionality has to be respected not only in the law that frames the restrictions, but also by the administrative and judicial authorities in applying the law. States should ensure that any proceedings relating to the exercise or restriction of these rights are expeditious and that reasons for the application of restrictive measures are provided.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1999
Paragraph
Article 9: Liberty and security of person 2014, para. 55
- Paragraph text
- The right to life guaranteed by article 6 of the Covenant, including the right to protection of life under article 6, paragraph 1, may overlap with the right to security of person guaranteed by article 9, paragraph 1. The right to personal security may be considered broader to the extent that it also addresses injuries that are not life-threatening. Extreme forms of arbitrary detention that are themselves life-threatening violate the rights to personal liberty and personal security as well as the right to protection of life, in particular enforced disappearances.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2014
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 76. The censoring of correspondence addressed to prisoners of war or despatched by them shall be done as quickly as possible. Mail shall be censored only by the despatching State and the receiving State, and once only by each. The examination of consignments intended for prisoners of war shall not be carried out under conditions that will expose the goods contained in them to deterioration; except in the case of written or printed matter, it shall be done in the presence of the addressee, or of a fellow-prisoner duly delegated by him. The delivery to prisoners of individual or collective consignments shall not be delayed under the pretext of difficulties of censorship. Any prohibition of correspondence ordered by Parties to the conflict, either for military or political reasons, shall be only temporary and its duration shall be as short as possible.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 52. No contract, agreement or regulation shall impair the right of any worker, whether voluntary or not and wherever he may be, to apply to the representatives of the Protecting Power in order to request the said Power's intervention. All measures aiming at creating unemployment or at restricting the opportunities offered to workers in an occupied territory, in order to induce them to work for the Occupying Power, are prohibited.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 60. Relief consignments shall in no way relieve the Occupying Power of any of its responsibilities under Articles 55, 56 and 59. The Occupying Power shall in no way whatsoever divert relief consignments from the purpose for which they are intended, except in cases of urgent necessity, in the interests of the population of the occupied territory and with the consent of the Protecting Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 59. If the whole or part of the population of an occupied territory is inadequately supplied, the Occupying Power shall agree to relief schemes on behalf of the said population, and shall facilitate them by all the means at its disposal. Such schemes, which may be undertaken either by States or by impartial humanitarian organizations such as the International Committee of the Red Cross, shall consist, in particular, of the provision of consignments of foodstuffs, medical supplies and clothing. All Contracting Parties shall permit the free passage of these consignments and shall guarantee their protection. A Power granting free passage to consignments on their way to territory occupied by an adverse Party to the conflict shall, however, have the right to search the consignments, to regulate their passage according to prescribed times and routes, and to be reasonably satisfied through the Protecting Power that these consignments are to be used for the relief of the needy population and are not to be used for the benefit of the Occupying Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 64. The penal laws of the occupied territory shall remain in force, with the exception that they may be repealed or suspended by the Occupying Power in cases where they constitute a threat to its security or an obstacle to the application of the present Convention. Subject to the latter consideration and to the necessity for ensuring the effective administration of justice, the tribunals of the occupied territory shall continue to function in respect of all offences covered by the said laws. The Occupying Power may, however, subject the population of the occupied territory to provisions which are essential to enable the Occupying Power to fulfil its obligations under the present Convention, to maintain the orderly government of the territory, and to ensure the security of the Occupying Power, of the members and property of the occupying forces or administration, and likewise of the establishments and lines of communication used by them.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 141. The national Information Bureaux and the Central Information Agency shall enjoy free postage for all mail, likewise the exemptions provided for in Article 110, and further, so far as possible, exemption from telegraphic charges or, at least, greatly reduced rates.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 48. Protected persons who are not nationals of the Power whose territory is occupied, may avail themselves of the right to leave the territory subject to the provisions of Article 35, and decisions thereon shall be taken according to the procedure which the Occupying Power shall establish in accordance with the said Article.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Protocol of 2014 to the Forced Labour Convention 2014, para. Preamble 8
- Paragraph text
- Recognizing that the context and forms of forced or compulsory labour have changed and trafficking in persons for the purposes of forced or compulsory labour, which may involve sexual exploitation, is the subject of growing international concern and requires urgent action for its effective elimination, and
- Body
- International Labour Organization
- Document type
- International treaty
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 54. The Occupying Power may not alter the status of public officials or judges in the occupied territories, or in any way apply sanctions to or take any measures of coercion or discrimination against them, should they abstain from fulfilling their functions for reasons of conscience. This prohibition does not prejudice the application of the second paragraph of Article 51. It does not affect the right of the Occupying Power to remove public officials from their posts.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 45. Protected persons shall not be transferred to a Power which is not a party to the Convention. This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities. This provision shall in no way constitute an obstacle to the repatriation of protected persons, or to their return to their country of residence after the cessation of hostilities. Protected persons may be transferred by the Detaining Power only to a Power which is a party to the present Convention and after the Detaining Power has satisfied itself of the willingness and ability of such transferee Power to apply the present Convention. If protected persons are transferred under such circumstances, responsibility for the application of the present Convention rests on the Power accepting them, while they are in its custody. Nevertheless, if that Power fails to carry out the provisions of the present Convention in any important respect, the Power by which the protected persons were transferred shall, upon being so notified by the Protecting Power, take effective measures to correct the situation or shall request the return of the protected persons. Such request must be complied with. In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs. The provisions of this Article do not constitute an obstacle to the extradition, in pursuance of extradition treaties concluded before the outbreak of hostilities, of protected persons accused of offences against ordinary criminal law.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 47. Protected persons who are in occupied territory shall not be deprived, in any case or in any manner whatsoever, of the benefits of the present Convention by any change introduced, as the result of the occupation of a territory, into the institutions or government of the said territory, nor by any agreement concluded between the authorities of the occupied territories and the Occupying Power, nor by any annexation by the latter of the whole or part of the occupied territory.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 70. Protected persons shall not be arrested, prosecuted or convicted by the Occupying Power for acts committed or for opinions expressed before the occupation, or during a temporary interruption thereof, with the exception of breaches of the laws and customs of war. Nationals of the occupying Power who, before the outbreak of hostilities, have sought refuge in the territory of the occupied State, shall not be arrested, prosecuted, convicted or deported from the occupied territory, except for offences committed after the outbreak of hostilities, or for offences under common law committed before the outbreak of hostilities which, according to the law of the occupied State, would have justified extradition in time of peace.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 36. Departures permitted under the foregoing Article shall be carried out in satisfactory conditions as regards safety, hygiene, sanitation and food. All costs in connection therewith, from the point of exit in the territory of the Detaining Power, shall be borne by the country of destination, or, in the case of accommodation in a neutral country, by the Power whose nationals are benefited. The practical details of such movements may, if necessary, be settled by special agreements between the Powers concerned. The foregoing shall not prejudice such special agreements as may be concluded between Parties to the conflict concerning the exchange and repatriation of their nationals in enemy hands.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 35. All protected persons who may desire to leave the territory at the outset of, or during a conflict, shall be entitled to do so, unless their departure is contrary to the national interests of the State. The applications of such persons to leave shall be decided in accordance with regularly established procedures and the decision shall be taken as rapidly as possible. Those persons permitted to leave may provide themselves with the necessary funds for their journey and take with them a reasonable amount of their effects and articles of personal use. If any such person is refused permission to leave the territory, he shall be entitled to have refusal reconsidered, as soon as possible by an appropriate court or administrative board designated by the Detaining Power for that purpose. Upon request, representatives of the Protecting Power shall, unless reasons of security prevent it, or the persons concerned object, be furnished with the reasons for refusal of any request for permission to leave the territory and be given, as expeditiously as possible, the names of all persons who have been denied permission to leave.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. j
- Paragraph text
- Bearing in mind the European Union Council Framework Decision of 19 July 2002 on combating trafficking in human beings the European Union Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings and the European Union Council Directive of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2005
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1
- Paragraph text
- 1. Each Party shall provide in its internal law a recovery and reflection period of at least 30 days, when there are reasonable grounds to believe that the person concerned is a victim. Such a period shall be sufficient for the person concerned to recover and escape the influence of traffickers and/or to take an informed decision on cooperating with the competent authorities. During this period it shall not be possible to enforce any expulsion order against him or her. This provision is without prejudice to the activities carried out by the competent authorities in all phases of the relevant national proceedings, and in particular when investigating and prosecuting the offences concerned. During this period, the Parties shall authorise the persons concerned to stay in their territory.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2005
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2005
Paragraph
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. undefined
- Paragraph text
- At the request of another Party, a Party shall, in accordance with its internal law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in human beings.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2005
Paragraph