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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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- 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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2005
Paragraph
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Persons on the move
- Year
- 2003
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 2001
Paragraph
The right to access information 2013, para. 45
- Paragraph text
- In its considerations, the Court has emphasized that the State must demonstrate a certain amount of due diligence in searching and providing information. For example, it was of the view that the State could not seek protection in arguing the lack of existence of the requested documents but, to the contrary, must establish the reason for denying the provision of the said information, demonstrating that it had adopted all the measures within its power to prove that, in effect, the information sought did not exist. Furthermore, the Court deemed it essential that, in order to guarantee the right to information, the public powers should act in good faith and diligently carry out the actions necessary to ensure the effectiveness of that right, especially when it dealt with the right to the truth of what had occurred in cases of gross violations of human rights, such as those of enforced disappearances and extrajudicial execution in the case under consideration.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Climate change and internal displacement 2011, para. 36
- Paragraph text
- Other actors have also enriched the discussion by focusing on specific rights or the impact of climate change on particular groups. In addition to posing a direct threat to the right to life, the effects of climate change are expected to have negative implications for basic rights relating to food (A/HRC/7/5), housing (A/64/255), water and health, and affect the overall right to an adequate standard of living (A/HRC/10/61, paras. 21-38). Some of these analyses have highlighted the link between the lack of access to these rights and displacement. In the context of climate change, internally displaced persons are also a growing category of persons considered to be especially at risk, given the adverse material, social and psychological consequences commonly associated with displacement. These risks are heightened by the fact that the most serious effects of climate change, including displacement, are predicted to disproportionately affect poor regions and countries and populations already in a vulnerable situation owing to poverty and other factors.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Environment
- Movement
- Person(s) affected
- All
- Persons on the move
- Year
- 2011
Paragraph
Developing the Global Compact on Migration 2016, para. 15
- Paragraph text
- The only way to effectively reduce smuggling is to offer more accessible, regular, safe and affordable mobility solutions, with all the identity and security checks that efficient visa procedures can provide.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- All
- Year
- 2016
Paragraph
Solitary confinement 2011, para. 65
- Paragraph text
- Studies have found continued sleep disturbances, depression, anxiety, phobias, emotional dependence, confusion, impaired memory and concentration long after the release from isolation. Additionally, lasting personality changes often leave individuals formerly held in solitary confinement socially impoverished and withdrawn, subtly angry and fearful when forced into social interaction. Intolerance of social interaction after a period of solitary confinement is a handicap that often prevents individuals from successfully readjusting to life within the broader prison population and severely impairs their capacity to reintegrate into society when released from imprisonment.
- 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)
- Movement
- Person(s) affected
- All
- Year
- 2011
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 55
- Paragraph text
- It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person's legal status to allow them access to services and to protect them from deportation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 65
- Paragraph text
- Evidence collected over the past decade indicates that a substantial proportion of the workers who are trafficked and subjected to forced labour are contract workers who are not recruited or employed directly by the business for which they are working (on a work site, such as a farm or construction site). Instead, they are supplied by an agency or intermediary. In such circumstances, States should consider regulating the activities of recruitment agents and agencies. If they decide not to introduce a system of regulation, States still have a responsibility to ensure that recruitment agents and agencies are not contributing to human trafficking, both by checking on the effectiveness of any system of self-regulation practiced by the employment industry and ensuring that suitably trained law enforcement officials are available to investigate whenever abuses are reported.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
Regional and subregional cooperation in promoting a human rights-based approach to combatting trafficking in persons 2010, para. 129
- Paragraph text
- [With regard to protection, recovery and reintegration, regional mechanisms should take the actions set out in the following paragraphs:] Develop and promote the adoption by Governments of regional practitioners' guidelines on protection, including victim identification, repatriation, access to shelter and medical and psychosocial assistance, and rehabilitation, and provide assistance in their operationalization at the national level, through training and workshops at the regional and national levels.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- All
- Year
- 2010
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 14
- Paragraph text
- Restitution is aimed at restoring the situation that existed prior to the violation. Measures of restitution in the context of trafficked persons may include, for example: the release of the trafficked person from detention (whether such detention is imposed by traffickers, the State or any other entity); return of property such as identity and travel documents and other personal belongings; recognition of legal identity and citizenship; safe and voluntary repatriation to the country of origin; and assistance and support necessary to facilitate social integration.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
The issue of trafficking in persons for the removal of organs 2013, para. 97
- Paragraph text
- Many of the tools and resources available to support stronger responses to trafficking in persons, including training materials and identification protocols, were developed when the modalities of trafficking in persons for the removal of organs were poorly understood and the extent not fully appreciated. International organizations, including the United Nations, should review these materials with a view to ensuring their application to the specific problem of trafficking in persons for the removal of organs.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
Paragraph
Integration of a human rights-based approach in measures to discourage the demand that fosters all forms of exploitation of persons, especially women and children, and which leads to human trafficking 2013, para. 75
- Paragraph text
- Demand-oriented measures taken by the authorities in importing States, in combination with or separate from measures by retailers or businesses that import a commodity suspected of being produced by people subjected to exploitation of persons, may not generate the intended results unless accompanied by appropriate measures in the countries where exploitation (and possibly trafficking in persons) occurs. It also shows the importance of taking practical conditions on the ground into account, including the nature of the product and the production process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2013
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2005
Paragraph
Strengthening voluntary standards for businesses on preventing and combating trafficking in persons and labour exploitation, especially in supply chains 2017, para. 97
- Paragraph text
- States should ratify all relevant international instruments prohibiting trafficking in persons, forced labour, slavery and slavery-like practices, including the Protocol of 2014 to the Forced Labour Convention, 1930, align their domestic legislation with international standards, criminalize all forms of trafficking in persons and impose adequate penalties for violations.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2017
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1999
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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2005
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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- 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
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1949
Paragraph
American Convention on Human Rights 1969, para. 2
- Paragraph text
- 2. Every person has the right lo leave any country freely, including his own.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1969
Paragraph
American Convention on Human Rights 1969, para. 1
- Paragraph text
- 1. Every person lawfully in the territory of a State Party has the right to move about in it, and to reside in it subject to the provisions of the law.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1969
Paragraph
American Convention on Human Rights 1969, para. 6
- Paragraph text
- 6. An alien lawfully in the territory of a State Party to this Convention may be expelled from it only pursuant to a decision reached in accordance with law.
- Body
- Organization of American States
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1969
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
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2003
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 33
- Paragraph text
- Trafficked persons may also have options of claiming compensation based on labour law violations, such as discrimination, breach of national minimum wage, and unreasonable overtime. While there are some promising practices, the possibility for trafficked persons to obtain compensation through labour proceedings may be restricted by a number of eligibility criteria in practice. In some countries, labour proceedings are not available for trafficked persons engaging in sexual services, as the provision of sexual services itself is illegal and thus not a recognized form of employment to which labour protection applies. Trafficked persons with irregular immigration status may be also excluded from the use of labour proceedings to seek compensation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Means of adoption
- N.A.
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2011
Paragraph
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 1f
- Paragraph text
- 1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: f. the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition.
- Body
- Council of Europe
- Document type
- Regional treaty
- Means of adoption
- N.A.
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 1950
Paragraph