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African Charter on Democracy, Elections and Governance 2007, para. 10
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Preventing the spread and combating the impact of diseases such as Malaria, Tuberculosis, HIV/AIDS, Ebola fever, and Avian Flu.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2007
Paragraph
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 25
- Paragraph text
- Reaffirms strongly that population distribution policies should be consistent with such international instruments, when applicable, as the Geneva Convention relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, including article 49 thereof;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Year
- 2009
Paragraph
Health, morbidity, mortality and development 2010, para. 7
- Paragraph text
- Urges Governments to strengthen health systems so that they can deliver equitable health outcomes on the basis of a comprehensive approach by focusing appropriate attention on, inter alia, health financing, the health workforce, procurement and distribution of medicines and vaccines, infrastructure, information systems, service delivery, planning and implementation, universal access, and political will in leadership and governance;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 13
- Paragraph text
- Noting with concern that, despite some progress made in public health in the last decade, for millions of people throughout the world the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, including, inter alia, access to medicines, vaccines and commodities, equipment and other supplies and to comprehensive primary health-care services, health promotion and disease prevention, still remains a distant goal and that, in many cases, especially for those living in poverty and populations in vulnerable or marginalized situations, this goal is becoming increasingly remote,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2010
Paragraph
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 20
- Paragraph text
- Also encourages Governments to monitor their progress towards the implementation of the Programme of Action, the key actions for its further implementation and other internationally agreed development goals at the regional, national and local levels, and in this regard to make special efforts to strengthen their civil registration and vital statistics, and health information systems, and to develop the capacity of relevant national institutions and mechanisms to generate population data, disaggregated by sex, age, disability and other categories, as needed to monitor progress and ensure accountability;
- Body
- Commission on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2014
Paragraph
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 7
- Paragraph text
- Recalling relevant provisions on population and development contained, inter alia, in the Rio Declaration on Environment and Development, the Plan of Implementation of the World Summit on Sustainable Development ("Johannesburg Plan of Implementation"), the Copenhagen Declaration on Social Development and its Programme of Action, the Beijing Declaration and Platform for Action, and the Political Declaration and the Madrid International Plan of Action on Ageing, 2002, as well as the 2001 Declaration of Commitment on HIV/AIDS, the Political Declaration on HIV/AIDS of 2 June 2006, the Monterrey Consensus of the International Conference on Financing for Development and the Doha Declaration on Financing for Development,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2009
Paragraph
Fertility, reproductive health and development 2011, para. 9
- Paragraph text
- Stresses the need to strengthen health systems so that they deliver equitable health outcomes as a basis for a comprehensive approach to achieving Millennium Development Goals 4, 5 and 6, underlining the need to build sustainable national health systems and strengthen national capacities through attention to, inter alia, service delivery, health systems financing, including appropriate budgetary allocations, the health workforce, health information systems, the procurement and distribution of medicines, vaccines and technologies, sexual and reproductive health care and political will in leadership and governance, and further stresses the need to promote the widest possible access to health-care services at the point of use, especially to those in vulnerable situations, through public policies that remove barriers to access to and use of health-care services;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
Paragraph
Health, morbidity, mortality and development 2010, para. 16
- Paragraph text
- Noting that, as reported by the World Health Organization, the causes of maternal death, in order of prevalence worldwide, include severe bleeding (haemorrhage), infections, complications due to unsafe abortion, high blood pressure in pregnancy (eclampsia), obstructed labour, and other direct causes, accounting for an estimated 80 per cent of maternal mortality worldwide, as well as other indirect causes,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Health
- Year
- 2010
Paragraph
Fertility, reproductive health and development 2011, para. 27
- Paragraph text
- Recognizes the need to address the economic, social and psychological implications of infertility for individuals, couples and societies as a whole, and encourages Member States and development partners, including through international cooperation and resources, to facilitate access to prevention, required know-how and technologies for more effective and affordable treatment of infertility;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2011
Paragraph
Implementation of article 14 by States parties 2012, para. 8
- Paragraph text
- Restitution is a form of redress designed to re-establish the victim's situation before the violation of the Convention was committed, taking into consideration the specificities of each case. The preventive obligations under the Convention require States parties to ensure that a victim receiving such restitution is not placed in a position where he or she is at risk of repetition of torture or ill-treatment. In certain cases, the victim may consider that restitution is not possible due to the nature of the violation; however the State shall provide the victim with full access to redress. For restitution to be effective, efforts should be made to address any structural causes of the violation, including any kind of discrimination related to, for example, gender, sexual orientation, disability, political or other opinion, ethnicity, age and religion, and all other grounds of discrimination.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 10
- Paragraph text
- The right to prompt, fair and adequate compensation for torture or ill-treatment under article 14 is multi-layered and compensation awarded to a victim should be sufficient to compensate for any economically assessable damage resulting from torture or ill-treatment, whether pecuniary or non-pecuniary. This may include: reimbursement of medical expenses paid and provision of funds to cover future medical or rehabilitative services needed by the victim to ensure as full rehabilitation as possible; pecuniary and non-pecuniary damage resulting from the physical and mental harm caused; loss of earnings and earning potential due to disabilities caused by the torture or ill-treatment; and lost opportunities such as employment and education. In addition, adequate compensation awarded by States parties to a victim of torture or ill-treatment should provide for legal or specialist assistance, and other costs associated with bringing a claim for redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 18
- Paragraph text
- Articles 1 to 16 of the Convention constitute specific preventive measures that the States parties deemed essential to prevent torture and ill-treatment. To guarantee non-repetition of torture or ill-treatment, States parties should undertake measures to combat impunity for violations of the Convention. Such measures include issuing effective, clear instructions to public officials on the provisions of the Convention, especially the absolute prohibition of torture. Other measures should include any or all of the following: civilian oversight of military and security forces; ensuring that all judicial proceedings abide by international standards of due process, fairness and impartiality; strengthening the independence of the judiciary; protecting human rights defenders and legal, health and other professionals who assist torture victims; establishing systems for regular and independent monitoring of all places of detention; providing, on a priority and continued basis, training for law enforcement officials as well as military and security forces on human rights law that includes the specific needs of marginalized and vulnerable populations and specific training on the Istanbul Protocol for health and legal professionals and law enforcement officials; promoting the observance of international standards and codes of conduct by public servants, including law enforcement, correctional, medical, psychological, social service and military personnel; reviewing and reforming laws contributing to or allowing torture and ill-treatment; ensuring compliance with article 3 of the Convention prohibiting refoulement; ensuring the availability of temporary services for individuals or groups of individuals, such as shelters for victims of gender-related or other torture or ill-treatment. The Committee notes that by taking measures such as those listed herein, States parties may also be fulfilling their obligations to prevent acts of torture under article 2 of the Convention. Additionally, guarantees of non-repetition offer important potential for the transformation of social relations that may be the underlying causes of violence and may include, but are not limited to, amending relevant laws, fighting impunity, and taking effective preventative and deterrent measures.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2012
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 59
- Paragraph text
- Any person or group victim of a violation of the right to health should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations should be entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, consumer forums, patients' rights associations or similar institutions should address violations of the right to health.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2000
Paragraph
The right to education (Art. 13) 1999, para. 16a
- Paragraph text
- [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It enables students to acquire knowledge and skills which contribute to their personal development, self-reliance and employability and enhances the productivity of their families and communities, including the State party's economic and social development;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Education
- Year
- 1999
Paragraph
Forced evictions 1997, para. 14
- Paragraph text
- In cases where eviction is considered to be justified, it should be carried out in strict compliance with the relevant provisions of international human rights law and in accordance with general principles of reasonableness and proportionality. In this regard it is especially pertinent to recall general comment No. 16 of the Human Rights Committee, relating to article 17 of the International Covenant on Civil and Political Rights, which states that interference with a person's home can only take place "in cases envisaged by the law". The Committee observed that the 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 also indicated that "relevant legislation must specify in detail the precise circumstances in which such interferences may be permitted".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 1997
Paragraph
The right to work (Art. 6) 2005, para. 31c
- Paragraph text
- [In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this "core obligation" encompasses the obligation to ensure non discrimination and equal protection of employment. Discrimination in the field of employment comprises a broad cluster of violations affecting all stages of life, from basic education to retirement, and can have a considerable impact on the work situation of individuals and groups. Accordingly, these core obligations include at least the following requirements:] To adopt and implement a national employment strategy and plan of action based on and addressing the concerns of all workers on the basis of a participatory and transparent process that includes employers' and workers' organizations. Such an employment strategy and plan of action should target disadvantaged and marginalized individuals and groups in particular and include indicators and benchmarks by which progress in relation to the right to work can be measured and periodically reviewed.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2005
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 34
- Paragraph text
- States parties are under immediate obligation to eliminate discrimination against individuals and groups and to guarantee their equal right to sexual and reproductive health. This requires States to repeal or reform laws and policies that nullify or impair the ability of certain individuals and groups to realize their right to sexual and reproductive health. There exists a wide range of laws, policies and practices that undermine autonomy and right to equality and non-discrimination in the full enjoyment of the right to sexual and reproductive health, for example criminalization of abortion or restrictive abortion laws. States parties should also ensure that all individuals and groups have equal access to the full range of sexual and reproductive health information, goods and services, including by removing all barriers that particular groups may face.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
Paragraph
Forced evictions 1997, para. 6
- Paragraph text
- Many instances of forced eviction are associated with violence, such as evictions resulting from international armed conflicts, internal strife and communal or ethnic violence.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Social & Cultural Rights
- Violence
- Year
- 1997
Paragraph
The right to education (Art. 13) 1999, para. 4
- Paragraph text
- States parties agree that all education, whether public or private, formal or non formal, shall be directed towards the aims and objectives identified in article 13 (1). The Committee notes that these educational objectives reflect the fundamental purposes and principles of the United Nations as enshrined in Articles 1 and 2 of the Charter. For the most part, they are also found in article 26 (2) of the Universal Declaration of Human Rights, although article 13 (1) adds to the Declaration in three respects: education shall be directed to the human personality's "sense of dignity", it shall "enable all persons to participate effectively in a free society", and it shall promote understanding among all "ethnic" groups, as well as nations and racial and religious groups. Of those educational objectives which are common to article 26 (2) of the Universal Declaration of Human Rights and article 13 (1) of the Covenant, perhaps the most fundamental is that "education shall be directed to the full development of the human personality".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 1999
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 48
- Paragraph text
- All workers should be free from physical and mental harassment, including sexual harassment. Legislation, such as anti-discrimination laws, the penal code and labour legislation, should define harassment broadly, with explicit reference to sexual and other forms of harassment, such as on the basis of sex, disability, race, sexual orientation, gender identity and intersex status. A specific definition of sexual harassment in the workplace is appropriate, and legislation should criminalize and punish sexual harassment as appropriate. A national policy to be applied in the workplace, in both the public and private sectors, should include at least the following elements: (a) explicit coverage of harassment by and against any worker; (b) prohibition of certain acts that constitute harassment, including sexual harassment; (c) identification of specific duties of employers, managers, supervisors and workers to prevent and, where relevant, resolve and remedy harassment cases; (d) access to justice for victims, including through free legal aid; (e) compulsory training for all staff, including for managers and supervisors; (f) protection of victims, including the provision of focal points to assist them, as well as avenues of complaint and redress; (g) explicit prohibition of reprisals; (h) procedures for notification and reporting to a central public authority of claims of sexual harassment and their resolution; (i) provision of a clearly visible workplace-specific policy, developed in consultation with workers, employers and their representative organizations, and other relevant stakeholders such as civil society organizations.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
Paragraph
Forced evictions 1997, para. 7
- Paragraph text
- Other instances of forced eviction occur in the name of development. Evictions may be carried out in connection with conflict over land rights, development and infrastructure projects, such as the construction of dams or other large scale energy projects, with land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes, unbridled speculation in land, or the holding of major sporting events like the Olympic Games.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Social & Cultural Rights
- Year
- 1997
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 44
- Paragraph text
- Legislation should identify other forms of leave, in particular entitlements to maternity, paternity and parental leave, to leave for family reasons and to paid sick leave. Workers should not be placed on temporary contracts in order to be excluded from such leave entitlements.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Year
- 2016
Paragraph
The right to education (Art. 13) 1999, para. 26
- Paragraph text
- The requirement that "an adequate fellowship system shall be established" should be read with the Covenant's non-discrimination and equality provisions; the fellowship system should enhance equality of educational access for individuals from disadvantaged groups.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 1999
Paragraph
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 7
- Paragraph text
- The Committee considers that only the "author", namely the creator, whether man or woman, individual or group of individuals, of scientific, literary or artistic productions, such as, inter alia, writers and artists, can be the beneficiary of the protection of article 15, paragraph 1 (c). This follows from the words "everyone", "he" and "author", which indicate that the drafters of that article seemed to have believed authors of scientific, literary or artistic productions to be natural persons, without at that time realizing that they could also be groups of individuals. Under the existing international treaty protection regimes, legal entities are included among the holders of intellectual property rights. However, as noted above, their entitlements, because of their different nature, are not protected at the level of human rights
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2005
Paragraph
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 18b (i)
- Paragraph text
- [The right to the protection of the moral and material interests of authors contains the following essential and interrelated elements, the precise application of which will depend on the economic, social and cultural conditions prevailing in a particular State party:] [Accessibility. Administrative, judicial or other appropriate remedies for the protection of the moral and material interests resulting from scientific, literary or artistic productions must be accessible to all authors. Accessibility has four overlapping dimensions:] Physical accessibility: national courts and agencies responsible for the protection of the moral and material interests resulting from the scientific, literary or artistic productions of authors must be at the disposal of all segments of society, including authors with disabilities;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2005
Paragraph
Forced evictions 1997, para. 18
- Paragraph text
- Some institutions, such as the World Bank and the Organisation for Economic Cooperation and Development (OECD) have adopted guidelines on relocation and/or resettlement with a view to limiting the scale of and human suffering associated with forced evictions. Such practices often accompany large scale development projects, such as dam building and other major energy projects. Full respect for such guidelines, insofar as they reflect the obligations contained in the Covenant, is essential on the part of both the agencies themselves and States parties to the Covenant. The Committee recalls in this respect the statement in the Vienna Declaration and Programme of Action to the effect that "while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights" (Part I, para. 10).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Year
- 1997
Paragraph
Forced evictions 1997, para. 19
- Paragraph text
- In accordance with the guidelines for reporting adopted by the Committee, State parties are requested to provide various types of information pertaining directly to the practice of forced evictions. This includes information relating to (a) the "number of persons evicted within the last five years and the number of persons currently lacking legal protection against arbitrary eviction or any other kind of eviction", (b) "legislation concerning the rights of tenants to security of tenure, to protection from eviction" and (c) "legislation prohibiting any form of eviction".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Year
- 1997
Paragraph
The right to work (Art. 6) 2005, para. 31a
- Paragraph text
- [In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this "core obligation" encompasses the obligation to ensure non discrimination and equal protection of employment. Discrimination in the field of employment comprises a broad cluster of violations affecting all stages of life, from basic education to retirement, and can have a considerable impact on the work situation of individuals and groups. Accordingly, these core obligations include at least the following requirements:] To ensure the right of access to employment, especially for disadvantaged and marginalized individuals and groups, permitting them to live a life of dignity;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Year
- 2005
Paragraph
The right to work (Art. 6) 2005, para. 31b
- Paragraph text
- [In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this "core obligation" encompasses the obligation to ensure non discrimination and equal protection of employment. Discrimination in the field of employment comprises a broad cluster of violations affecting all stages of life, from basic education to retirement, and can have a considerable impact on the work situation of individuals and groups. Accordingly, these core obligations include at least the following requirements:] To avoid any measure that results in discrimination and unequal treatment in the private and public sectors of disadvantaged and marginalized individuals and groups or in weakening mechanisms for the protection of such individuals and groups;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Year
- 2005
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 33
- Paragraph text
- As prescribed by article 2 (1) of the Covenant, States parties must take steps, to the maximum of their available resources, with a view to achieving progressively the full realization of the right to sexual and reproductive health. States parties must move as expeditiously and effectively as possible towards the full realization of the highest attainable standard of sexual and reproductive health. This means that, while full realization of the goal may be achieved progressively, steps towards it must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete and targeted, using all appropriate means, particularly including, but not limited to, the adoption of legislative and budgetary measures.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Year
- 2016
Paragraph
The right to sexual and reproductive health (Art. 12) 2016, para. 49e
- Paragraph text
- [States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence, as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA). The core obligations include at least the following:] To take measures to prevent unsafe abortions and to provide post-abortion care and counselling for those in need;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Year
- 2016
Paragraph
Female circumcision 1990, para. 6
- Paragraph text
- Noting with grave concern that there are continuing cultural, traditional and economic pressures which help to perpetuate harmful practices, such as female circumcision,
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Year
- 1990
Paragraph
Harmful practices (joint General Recommendation with CRC) 2014, para. 55g
- 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 legal requirement of marriage registration is established and effective implementation is provided through awareness-raising, education and the existence of adequate infrastructure to make registration accessible to all persons within their jurisdiction;
- Body
- Committee on the Elimination of Discrimination against Women
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Year
- 2014
Paragraph
Discrimination against Roma 2000, para. 35
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To prevent, eliminate and adequately punish any discriminatory practices concerning the access of members of the Roma communities to all places and services intended for the use of the general public, including restaurants, hotels, theatres and music halls, discotheques and others.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 24
- Paragraph text
- Although the Convention designates "racial or ethnic groups or individuals requiring … protection" (article 1, paragraph 4), and "racial groups or individuals belonging to them" (article 2, paragraph 2), as the beneficiaries of special measures, the measures shall in principle be available to any group or person covered by article 1 of the Convention, as clearly indicated by the travaux préparatoires of the Convention, as well as by the practice of States parties and the relevant concluding observations of the Committee.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2009
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To develop, through appropriate education programmes, training in respect for human rights, tolerance and friendship among racial or ethnic groups, as well as sensitization to intercultural relations, for law enforcement officials: police personnel, persons working in the system of justice, prison institutions, psychiatric establishments, social and medical services, etc.;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Discrimination against Roma 2000, para. 27
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To adopt or make more effective legislation prohibiting discrimination in employment and all discriminatory practices in the labour market affecting members of Roma communities, and to protect them against such practices.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Year
- 2000
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 27
- Paragraph text
- The second limitation on special measures is that "they shall not be continued after the objectives for which they have been taken have been achieved". This limitation on the operation of special measures is essentially functional and goal-related: the measures should cease to be applied when the objectives for which they were employed - the equality goals - have been sustainably achieved. The length of time permitted for the duration of the measures will vary in the light of their objectives, the means utilized to achieve them, and the results of their application. Special measures should, therefore, be carefully tailored to meet the particular needs of the groups or individuals concerned.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2009
Paragraph
Racial discrimination against people of African descent 2011, para. 4a
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [People of African descent live in many countries of the world, either dispersed among the local population or in communities, where they are entitled to exercise, without discrimination, individually or in community with other members of their group, as appropriate, the following specific rights:] The right to property and to the use, conservation and protection of lands traditionally occupied by them and to natural resources in cases where their ways of life and culture are linked to their utilization of lands and resources;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2011
Paragraph
Discrimination against Roma 2000, para. 45
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To organize training programmes for Roma public officials and representatives, as well as for prospective candidates to such responsibilities, aimed at improving their political, policy making and public administration skills.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 15
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should remind public prosecutors and members of the prosecution service of the general importance of prosecuting racist acts, including minor offences committed with racist motives, since any racially motivated offence undermines social cohesion and society as a whole.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Discrimination against Roma 2000, para. 46
- Paragraph text
- [The Committee also recommends that:] States parties include in their periodic reports, in an appropriate form, data about the Roma communities within their jurisdiction, including statistical data about Roma participation in political life and about their economic, social and cultural situation, including from a gender perspective, and information about the implementation of this general recommendation.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
Discrimination against non-citizens 2004, para. 27
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that non-citizens are not returned or removed to a country or territory where they are at risk of being subject to serious human rights abuses, including torture and cruel, inhuman or degrading treatment or punishment;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 28
- Paragraph text
- Article 2, paragraph 2, of the Convention stipulates that "States parties shall, when the circumstances so warrant, take, in the social, economic, cultural and other fields, special and concrete measures to ensure the adequate development and protection of certain racial groups or individuals belonging to them, for the purpose of guaranteeing them the full and equal enjoyment of human rights and fundamental freedoms. These measures shall in no case entail as a consequence the maintenance of unequal or separate rights for different racial groups after the objectives for which they were taken have been achieved".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2009
Paragraph
Article 3 of the Convention 1995, para. 3
- Paragraph text
- The Committee observes that while conditions of complete or partial racial segregation may in some countries have been created by governmental policies, a condition of partial segregation may also arise as an unintended by-product of the actions of private persons. In many cities residential patterns are influenced by group differences in income, which are sometimes combined with differences of race, colour, descent and national or ethnic origin, so that inhabitants can be stigmatized and individuals suffer a form of discrimination in which racial grounds are mixed with other grounds.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 1995
Paragraph
Combatting racist hate speech 2013, para. 7
- Paragraph text
- Racist hate speech can take many forms and is not confined to explicitly racial remarks. As is the case with discrimination under article 1, speech attacking particular racial or ethnic groups may employ indirect language in order to disguise its targets and objectives. In line with their obligations under the Convention, States parties should give due attention to all manifestations of racist hate speech and take effective measures to combat them. The principles articulated in the present recommendation apply to racist hate speech, whether emanating from individuals or groups, in whatever forms it manifests itself, orally or in print, or disseminated through electronic media, including the Internet and social networking sites, as well as non-verbal forms of expression such as the display of racist symbols, images and behaviour at public gatherings, including sporting events.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2013
Paragraph
Combatting racist hate speech 2013, para. 17
- Paragraph text
- The Committee reiterates that it is not enough to declare the forms of conduct in article 4 as offences; the provisions of the article must also be effectively implemented. Effective implementation is characteristically achieved through investigations of offences set out in the Convention and, where appropriate, the prosecution of offenders. The Committee recognizes the principle of expediency in the prosecution of alleged offenders, and observes that it must in each case be applied in the light of the guarantees laid down in the Convention and in other instruments of international law. In this and other respects under the Convention, the Committee recalls that it is not its function to review the interpretation of facts and national law made by domestic authorities, unless the decisions are manifestly absurd or unreasonable.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Year
- 2013
Paragraph
Combatting racist hate speech 2013, para. 35
- Paragraph text
- In order to promote inter-ethnic understanding, balanced and objective representations of history are essential, and, where atrocities have been committed against groups of the population, days of remembrance and other public events should be held, where appropriate in context, to recall such human tragedies, as well as celebrations of successful resolution of conflicts. Truth and reconciliation commissions can also play a vital role in countering the persistence of racial hatred and facilitating the development of a climate of inter-ethnic tolerance.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2013
Paragraph
Combatting racist hate speech 2013, para. 38
- Paragraph text
- The Committee recommends that educational, cultural and informational strategies to combat racist hate speech should be underpinned by systematic data collection and analysis in order to assess the circumstances under which hate speech emerges, the audiences reached or targeted, the means by which they are reached, and media responses to hate messages. International cooperation in this area helps to increase not only the possibilities of comparability of data but also knowledge of and the means to combat hate speech that transcends national boundaries.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2013
Paragraph
Racial discrimination against people of African descent 2011, para. 66
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Include in textbooks, at all appropriate levels, chapters about the history and cultures of peoples of African descent and preserve this knowledge in museums and other forums for future generations, encourage and support the publication and distribution of books and other print materials, as well as the broadcasting of television and radio programmes about their history and cultures.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2011
Paragraph
Discrimination against Roma 2000, para. 7
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To take appropriate measures to secure for members of Roma communities effective remedies and to ensure that justice is fully and promptly done in cases concerning violations of their fundamental rights and freedoms.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 38
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To develop educational and media campaigns to educate the public about Roma life, society and culture and the importance of building an inclusive society while respecting the human rights and the identity of the Roma.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2000
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38b
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Guarantee to all prisoners whose rights have been violated the right to an effective remedy before an independent and impartial authority;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Discrimination against Roma 2000, para. 1
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To review and enact or amend legislation, as appropriate, in order to eliminate all forms of racial discrimination against Roma as against other persons or groups, in accordance with the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Combatting racist hate speech 2013, para. 46
- Paragraph text
- The prevalence of racist hate speech in all regions of the world continues to represent a significant contemporary challenge for human rights. The faithful implementation of the Convention as a whole, integrated into wider global efforts to counter hate speech phenomena, represents the best hope of translating the vision of a society free from intolerance and hatred into a living reality and promoting a culture of respect for universal human rights.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2013
Paragraph
Discrimination against Roma 2000, para. 29
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To adopt and implement, whenever possible, at the central or local level, special measures in favour of Roma in public employment such as public contracting and other activities undertaken or funded by the Government, or training Roma in various skills and professions.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (j)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Conduct periodic surveys on the reality of descent-based discrimination and provide disaggregated information in their reports to the Committee on the geographical distribution and economic and social conditions of descent-based communities, including a gender perspective;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2002
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (u)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Take the necessary steps to secure equal access to the justice system for all members of descent-based communities, including by providing legal aid, facilitating of group claims and encouraging non-governmental organizations to defend community rights;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2002
Paragraph
Discrimination against non-citizens 2004, para. 13
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that particular groups of non-citizens are not discriminated against with regard to access to citizenship or naturalization, and to pay due attention to possible barriers to naturalization that may exist for long-term or permanent residents;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 8
- Paragraph text
- Bearing in mind the observations relating to the functioning of the system of justice made in the Committee's conclusions concerning reports submitted by States parties and in general recommendations XXVII (2000) on discrimination against Roma, XXIX (2002) on discrimination based on descent and XXX (2004) on discrimination against non citizens,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Discrimination against non-citizens 2004, para. 31
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Avoid segregated schooling and different standards of treatment being applied to non citizens on grounds of race, colour, descent, and national or ethnic origin in elementary and secondary school and with respect to access to higher education;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2004
Paragraph
Discrimination against non-citizens 2004, para. 34
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Take effective measures to prevent and redress the serious problems commonly faced by non-citizen workers, in particular by non-citizen domestic workers, including debt bondage, passport retention, illegal confinement, rape and physical assault;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2004
Paragraph
Discrimination against non-citizens 2004, para. 14
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Recognize that deprivation of citizenship on the basis of race, colour, descent, or national or ethnic origin is a breach of States parties' obligations to ensure non-discriminatory enjoyment of the right to nationality;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2004
Paragraph
Racial discrimination against people of African descent 2011, para. 49
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Take into consideration that, in some cases, denial of citizenship for long-term or permanent residents could result in the creation of disadvantage for the people affected in terms of access to employment and social benefits, in violation of the Convention's anti-discrimination principles.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2011
Paragraph
Discrimination against Roma 2000, para. 9
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To endeavour, by encouraging a genuine dialogue, consultations or other appropriate means, to improve the relations between Roma communities and non-Roma communities, in particular at local levels, with a view to promoting tolerance and overcoming prejudices and negative stereotypes on both sides, to promoting efforts for adjustment and adaptation and to avoiding discrimination and ensuring that all persons fully enjoy their human rights and freedoms.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 11
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To take the necessary measures, in cooperation with civil society, and initiate projects to develop the political culture and educate the population as a whole in a spirit of non discrimination, respect for others and tolerance, in particular concerning Roma.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 12
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To ensure protection of the security and integrity of Roma, without any discrimination, by adopting measures for preventing racially motivated acts of violence against them; to ensure prompt action by the police, the prosecutors and the judiciary for investigating and punishing such acts; and to ensure that perpetrators, be they public officials or other persons, do not enjoy any degree of impunity.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 14
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To encourage appropriate arrangements for communication and dialogue between the police and Roma communities and associations, with a view to preventing conflicts based on racial prejudice and combating acts of racially motivated violence against members of these communities, as well as against other persons.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 2
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To adopt and implement national strategies and programmes and express determined political will and moral leadership, with a view to improving the situation of Roma and their protection against discrimination by State bodies, as well as by any person or organization.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 26
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To include in textbooks, at all appropriate levels, chapters about the history and culture of Roma, and encourage and support the publication and distribution of books and other print materials as well as the broadcasting of television and radio programmes, as appropriate, about their history and culture, including in languages spoken by them.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2000
Paragraph
The meaning and scope of special measures in the International Convention on the Elimination of All Forms Racial Discrimination 2009, para. 19
- Paragraph text
- Article 1, paragraph 4, of the Convention stipulates that "special measures taken for the sole purpose of securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection as may be necessary in order to ensure such groups or individuals equal enjoyment or exercise of human rights and fundamental freedoms shall not be deemed racial discrimination, provided, however, that such measures do not, as a consequence, lead to the maintenance of separate rights for different racial groups and that they shall not be continued after the objectives for which they were taken have been achieved".
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2009
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38c
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Comply, in this regard, with the United Nations norms in this field, and particularly the Standard Minimum Rules for the Treatment of Prisoners, the Basic Principles for the Treatment of Prisoners and the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 38d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [When persons belonging to the groups referred to in the last paragraph of the preamble are serving prison terms, the States parties should:] Allow such persons to benefit, where appropriate, from the provisions of domestic legislation and international or bilateral conventions relating to the transfer of foreign prisoners, offering them an opportunity to serve the prison term in their countries of origin.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 39
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Further, the independent authorities in the States parties that are responsible for supervising prison institutions should include members who have expertise in the field of racial discrimination and sound knowledge of the problems of racial and ethnic groups and the other vulnerable groups referred to in the last paragraph of the preamble; when necessary, such supervisory authorities should have an effective visit and complaint mechanism.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2004
Paragraph
Reporting by States parties (article 7 of the Convention) 1977, para. 2
- Paragraph text
- Convinced that combating prejudices which lead to racial discrimination, promoting understanding, tolerance and friendship among racial and ethnic groups, and propagating the principles and purposes of the Charter of the United Nations and of the human rights declarations and other relevant instruments adopted by the General Assembly of the United Nations, are important and effective means of eliminating racial discrimination,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 1977
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (bb)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Take special and concrete measures to guarantee to members of descent-based communities the right to participate in elections, to vote and stand for election on the basis of equal and universal suffrage, and to have due representation in Government and legislative bodies;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2002
Paragraph
Follow-up to the Durban Review Conference 2009, para. 6
- Paragraph text
- Concerned by the consequences which the world financial and economic crisis could have on the situation of persons belonging to the most vulnerable groups, mainly racial and ethnic groups, leading to an aggravation of the discrimination they may suffer,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2009
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (h)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Educate the general public on the importance of affirmative action programmes to address the situation of victims of descent-based discrimination;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2002
Paragraph
Discrimination against Roma 2000, para. 47
- Paragraph text
- [The Committee also recommends that:] Intergovernmental organizations, in their projects of cooperation and assistance to the various States parties, as appropriate, address the situation of Roma communities and favour their economic, social and cultural advancement.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (y)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Organize training programmes for public officials and law enforcement agencies with a view to preventing injustices based on prejudice against descent-based communities;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2002
Paragraph
Article 4 of the Convention 1993, para. 5
- Paragraph text
- Article 4 (a) also penalizes the financing of racist activities, which the Committee takes to include all the activities mentioned in paragraph 3 above, that is to say, activities deriving from ethnic as well as racial differences. The Committee calls upon States parties to investigate whether their national law and its implementation meet this requirement.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 1993
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (w)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Ensure the prosecution of persons who commit crimes against members of descent based communities and the provision of adequate compensation for the victims of such crimes;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2002
Paragraph
Discrimination against Roma 2000, para. 49
- Paragraph text
- [The Committee further recommends that:] The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance give due consideration to the above recommendations, taking into account the place of the Roma communities among those most disadvantaged and most subject to discrimination in the contemporary world.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 23
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To take urgent and sustained measures in training teachers, educators and assistants from among Roma students.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 28
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To take special measures to promote the employment of Roma in the public administration and institutions, as well as in private companies.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 33
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To ensure Roma equal access to health care and social security services and to eliminate any discriminatory practices against them in this field.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 15
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To encourage recruitment of members of Roma communities into the police and other law enforcement agencies.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 48
- Paragraph text
- [The Committee also recommends that:] The High Commissioner for Human Rights consider establishing a focal point for Roma issues within the Office of the High Commissioner.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 4
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To ensure that legislation regarding citizenship and naturalization does not discriminate against members of Roma communities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 20
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To act with determination to eliminate any discrimination or racial harassment of Roma students.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
Interpretation and application of article 1, paragraphs 1 and 4 of the Convention 1990, para. 1
- Paragraph text
- Having considered reports from States parties concerning information about the ways in which individuals are identified as being members of a particular racial or ethnic group or groups,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 1990
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. 10
- Paragraph text
- Having received contributions from a great number of concerned non-governmental organizations and individuals, orally and through written information, providing the Committee with further evidence of the extent and persistence of descent-based discrimination in different regions of the world,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2002
Paragraph
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (ff)
- Paragraph text
- [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Take resolute measures to secure rights of marriage for members of descent-based communities who wish to marry outside the community;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2002
Paragraph
Discrimination against non-citizens 2004, para. 6
- Paragraph text
- Basing its action on the provisions of the Convention, in particular article 5, which requires States parties to prohibit and eliminate discrimination based on race, colour, descent, and national or ethnic origin in the enjoyment by all persons of civil, political, economic, social and cultural rights and freedoms,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2004
Paragraph
Discrimination against Roma 2000, para. 3
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To respect the wishes of Roma as to the designation they want to be given and the group to which they want to belong.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 25
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To ensure adequate forms and schemes of education for members of Roma communities beyond school age, in order to improve adult literacy among them.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2000
Paragraph
Combatting racist hate speech 2013, para. 3
- Paragraph text
- In drafting the recommendation, the Committee has taken account of its extensive practice in combating racist hate speech, concern about which has engaged the full span of procedures under the Convention. The Committee has also underlined the role of racist hate speech in processes leading to mass violations of human rights and genocide, and in conflict situations. Key general recommendations of the Committee that address hate speech include general recommendations No. 7 (1985) relating to the implementation of article 4; No. 15 (1993) on article 4, which stressed the compatibility between article 4 and the right to freedom of expression; No. 25 (2000) on gender-related dimensions of racial discrimination; No. 27 (2000) on discrimination against Roma; No. 29 (2002) on descent; No. 30 (2004) on discrimination against non-citizens; No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system; and No. 34 (2011) on racial discrimination against people of African descent. Many general recommendations adopted by the Committee relate directly or indirectly to hate speech issues, bearing in mind that effectively combating racist hate speech involves the mobilization of the full normative and procedural resources of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2013
Paragraph
Discrimination against Roma 2000, para. 2
- Paragraph text
- Having organized a thematic discussion on the issue of discrimination against Roma and received the contributions of members of the Committee, as well as contributions by experts from United Nations bodies and other treaty bodies and from regional organizations,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 3
- Paragraph text
- Having also received the contributions of interested non governmental organizations, both orally during the informal meeting organized with them and through written information,
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 37
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To encourage awareness among professionals of all media of the particular responsibility to not disseminate prejudices and to avoid reporting incidents involving individual members of Roma communities in a way which blames such communities as a whole.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 10
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] States parties should take the necessary steps to ensure that the police services have an adequate and accessible presence in the neighbourhoods, regions, collective facilities, camps or centres where the persons belonging to the groups referred to in the last paragraph of the preamble reside, so that complaints from such persons can be expeditiously received.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2004
Paragraph
Discrimination against Roma 2000, para. 36
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To act as appropriate for the elimination of any ideas of racial or ethnic superiority, of racial hatred and incitement to discrimination and violence against Roma in the media, in accordance with the provisions of the Convention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 42
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To develop modalities and structures of consultation with Roma political parties, associations and representatives, both at central and local levels, when considering issues and adopting decisions on matters of concern to Roma communities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 43
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To involve Roma communities and associations and their representatives at the earliest stages in the development and implementation of policies and programmes affecting them and to ensure sufficient transparency about such policies and programmes.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against non-citizens 2004, para. 10
- Paragraph text
- [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that any measures taken in the fight against terrorism do not discriminate, in purpose or effect, on the grounds of race, colour, descent, or national or ethnic origin and that non-citizens are not subjected to racial or ethnic profiling or stereotyping;
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2004
Paragraph
Discrimination against Roma 2000, para. 39
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To encourage and facilitate access by Roma to the media, including newspapers and television and radio programmes, the establishment of their own media, as well as the training of Roma journalists.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 40
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To encourage methods of self monitoring by the media, through a code of conduct for media organizations, in order to avoid racial, discriminatory or biased language.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 8
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To develop and encourage appropriate modalities of communication and dialogue between Roma communities and central and local authorities.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Discrimination against Roma 2000, para. 13
- Paragraph text
- [Recommends that the States parties to the Convention, taking into account their specific situations, adopt for the benefit of members of the Roma communities, inter alia, all or part of the following measures, as appropriate.] To take measures to prevent the use of illegal force by the police against Roma, in particular in connection with arrest and detention.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2000
Paragraph
Combatting racist hate speech 2013, para. 32
- Paragraph text
- The school systems in States parties represent an important focus for the dissemination of human rights information and perspectives. School curricula, textbooks and teaching materials should be informed by and address human rights themes and seek to promote mutual respect and tolerance among nations and racial and ethnic groups.
- Body
- Committee on the Elimination of Racial Discrimination
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2013
Paragraph
The right to inclusive education 2016, para. 53
- Paragraph text
- States parties must take effective measures, to provide habilitation and rehabilitation services within the education system, including healthcare, occupational, physical, social, counselling and other services (article 26). Such services must begin at the earliest stage possible, adopt a multidisciplinary assessment of a student's strengths, and support maximum independence, autonomy, respect of dignity, full physical, mental, social and vocational ability and inclusion and participation in all aspects of life. The Committee stresses the significance of supporting the development of community-based rehabilitation, that addresses early identification, and peer support.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 61f
- Paragraph text
- [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Introduction of comprehensive quality standards for inclusive education and disability-inclusive monitoring mechanisms to track progress in implementation at all levels and ensure that policies and programmes are implemented and backed by the requisite investment.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2016
Paragraph
Equal recognition before the law 2014, para. 3
- Paragraph text
- On the basis of the initial reports of various States parties that it has reviewed so far, the Committee observes that there is a general misunderstanding of the exact scope of the obligations of States parties under article 12 of the Convention. Indeed, there has been a general failure to understand that the human rights-based model of disability implies a shift from the substitute decision-making paradigm to one that is based on supported decision-making. The aim of the present general comment is to explore the general obligations deriving from the various components of article 12.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Year
- 2014
Paragraph
Accessibility 2014, para. 26
- Paragraph text
- The duty to provide reasonable accommodation is an ex nunc duty, which means that it is enforceable from the moment an individual with an impairment needs it in a given situation, for example, workplace or school, in order to enjoy her or his rights on an equal basis in a particular context. Here, accessibility standards can be an indicator, but may not be taken as prescriptive. Reasonable accommodation can be used as a means of ensuring accessibility for an individual with a disability in a particular situation. Reasonable accommodation seeks to achieve individual justice in the sense that non-discrimination or equality is assured, taking the dignity, autonomy and choices of the individual into account. Thus, a person with a rare impairment might ask for accommodation that falls outside the scope of any accessibility standard.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Year
- 2014
Paragraph
The right to inclusive education 2016, para. 34a
- Paragraph text
- Blind and partially sighted students must be provided with opportunities to learn Braille, alternative script, augmentative and alternative modes, means and formats of communication, as well as orientation and mobility skills. Investment in access to appropriate technology and alternative communication systems to facilitate learning should be supported. Peer support and mentoring schemes should be introduced and encouraged.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 32
- Paragraph text
- Paragraph 2 (e) requires that adequate continuous personalised support is provided directly. The Committee emphasizes the necessity for the provision of individualised education plans, which can identify the reasonable accommodations and specific support required for an individual student, including the provision of assistive compensatory aids, specific learning materials in alternative/accessible formats, modes and means of communication, and communication aids and assistive and information technology. Support can also consist of a qualified learning support assistant, either shared or on a one-to-one basis, depending on the requirements of the student. Individualized education plans must address the transitions experienced by the learners from segregated settings and between levels of education. Effectiveness of these plans should be regularly monitored and evaluated with the direct involvement of the learner concerned. The nature of provision must be determined in collaboration with the student, together, where appropriate, with the parents or caregivers/third parties. The learner must have access to recourse mechanisms if the support is unavailable or inadequate.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 34c
- Paragraph text
- Students who are blind, deaf or deafblind must be provided with education delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize personal, academic and social development both within and outside formal school settings. The Committee emphasises that for such inclusive environments to occur, States parties should provide the required support, including by way of resources, assisted technology, and provision of orientation and mobility skills.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
Paragraph
The right to inclusive education 2016, para. 34d
- Paragraph text
- Learners with communication impairments must be provided with the opportunity to express themselves and learn using alternative or augmentative communication. This may include but is not limited to provision of sign language, low or high tech communication aids such as tablets with speech output, voice output communication aids (VOCAS) or communication books. States parties should invest in developing expertise, technology and services in order to promote access to appropriate technology and alternative communication systems to facilitate learning.
- Body
- Committee on the Rights of Persons with Disabilities
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2016
Paragraph
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 55g
- 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 legal requirement of marriage registration is established and effective implementation is provided through awareness-raising, education and the existence of adequate infrastructure to make registration accessible to all persons within their jurisdiction;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Harmful Practices
- Year
- 2014
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
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
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3
- Paragraph text
- 3. Each Party shall provide or strengthen training for relevant officials in the prevention of and fight against trafficking in human beings, including Human Rights training. The training may be agency-specific and shall, as appropriate, focus on: methods used in preventing such trafficking, prosecuting the traffickers and protecting the rights of the victims, including protecting the victims from the traffickers.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2005
Paragraph
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 1
- Paragraph text
- 1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 1950
Paragraph
European Social Charter (Revised) 1996, para. 3
- Paragraph text
- With a view to ensuring the effective exercise of the right to vocational training, the Parties undertake: 3. to provide or promote, as necessary: a. adequate and readily available training facilities for adult workers; b. special facilities for the retraining of adult workers needed as a result of technological development or new trends in employment;
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Education
- Year
- 1996
Paragraph
European Social Charter (Revised) 1996, para. 7
- Paragraph text
- With a view to ensuring the effective exercise of the right to just conditions of work, the Parties undertake: 7. to ensure that workers performing night work benefit from measures which take account of the special nature of the work.
- Body
- Council of Europe
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Year
- 1996
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
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
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
Temporary Refuge 1980, para. (e)
- Paragraph text
- Stressed the exceptional character of temporary refuge and the essential need for persons to whom temporary refuge has been granted to enjoy basic humanitarian standards of treatment;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1980
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
Safety of UNHCR Staff and Other Humanitarian Personnel 1997, para. (a)
- Paragraph text
- Strongly condemns any acts which obstruct or prevent the staff of UNHCR and its implementing partners, as well as other humanitarian personnel, from discharging their humanitarian functions, or which entail their being subjected to threats, use of force, and physical attack frequently resulting in injury or death;
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Humanitarian
- Year
- 1997
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
Conclusion on civil registration 2013, para. 4
- Paragraph text
- Recognizing that civil registration systems, which record births, deaths, cause of death, and marriage, provide substantial information for policy and humanitarian planning,
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2013
Paragraph
Return of Persons found not to be in need of International Protection 2003, para. (j) ii
- 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:] Taking clear public positions on the acceptability of return of persons found not to be in need of international protection,
- Body
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Document type
- ExCom Conclusion
- Topic(s)
- Governance & Rule of Law
- Year
- 2003
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
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
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
Article 10: Humane treatment of persons deprived of their liberty - replaces general comment 9 (Annex VI, B) 1993, para. 13
- Paragraph text
- Moreover, the Committee notes that in the reports of some States parties no information has been provided concerning the treatment accorded to accused juvenile persons and juvenile offenders. Article 10, paragraph 2 (b), provides that accused juvenile persons shall be separated from adults. The information given in reports shows that some States parties are not paying the necessary attention to the fact that this is a mandatory provision of the Covenant. The text also provides that cases involving juveniles must be considered as speedily as possible. Reports should specify the measures taken by States parties to give effect to that provision. Lastly, under article 10, paragraph 3, juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age and legal status insofar as conditions of detention are concerned, such as shorter working hours and contact with relatives, with the aim of furthering their reformation and rehabilitation. Article 10 does not indicate any limits of juvenile age. While this is to be determined by each State party in the light of relevant social, cultural and other conditions, the Committee is of the opinion that article 6, paragraph 5, suggests that all persons under the age of 18 should be treated as juveniles, at least in matters relating to criminal justice. States should give relevant information about the age groups of persons treated as juveniles. In that regard, States parties are invited to indicate whether they are applying the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, known as the Beijing Rules (1987).
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 1993
Paragraph
Article 10: Humane treatment of persons deprived of their liberty - replaces general comment 9 (Annex VI, B) 1993, para. 10
- Paragraph text
- As to article 10, paragraph 3, which concerns convicted persons, the Committee wishes to have detailed information on the operation of the penitentiary system of the State party. No penitentiary system should be only retributory; it should essentially seek the reformation and social rehabilitation of the prisoner. States parties are invited to specify whether they have a system to provide assistance after release and to give information as to its success.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 1993
Paragraph
Article 12: Freedom of movement 1999, para. 20
- Paragraph text
- The wording of article 12, paragraph 4, does not distinguish between nationals and aliens ("no one"). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase "his own country". The scope of "his own country" is broader than the concept "country of his nationality". It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 1999
Paragraph
Article 9: Liberty and security of person 2014, para. 7
- Paragraph text
- States parties have the duty to take appropriate measures to protect the right to liberty of person against deprivation by third parties. States parties must protect individuals against abduction or detention by individual criminals or irregular groups, including armed or terrorist groups, operating within their territory. They must also protect individuals against wrongful deprivation of liberty by lawful organizations, such as employers, schools and hospitals. States parties should do their utmost to take appropriate measures to protect individuals against deprivation of liberty by the action of other States within their territory.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2014
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 33
- Paragraph text
- Restrictions must be "necessary" for a legitimate purpose. Thus, for instance, a prohibition on commercial advertising in one language, with a view to protecting the language of a particular community, violates the test of necessity if the protection could be achieved in other ways that do not restrict freedom of expression. On the other hand, the Committee has considered that a State party complied with the test of necessity when it transferred a teacher who had published materials that expressed hostility toward a religious community to a non-teaching position in order to protect the right and freedom of children of that faith in a school district.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2011
Paragraph
Article 9: Liberty and security of person 2014, para. 20
- Paragraph text
- The Covenant is consistent with a variety of schemes for sentencing in criminal cases. Convicted prisoners are entitled to have the duration of their sentences administered in accordance with domestic law. Consideration for parole or other forms of early release must be in accordance with the law and such release must not be denied on grounds that are arbitrary within the meaning of article 9. If such release is granted upon conditions and later the release is revoked because of an alleged breach of the conditions, then the revocation must also be carried out in accordance with law and must not be arbitrary and, in particular, not disproportionate to the seriousness of the breach. A prediction of the prisoner's future behaviour may be a relevant factor in deciding whether to grant early release.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 46
- Paragraph text
- States parties should ensure that counter-terrorism measures are compatible with paragraph 3. Such offences as "encouragement of terrorism" and "extremist activity" as well as offences of "praising", "glorifying", or "justifying" terrorism, should be clearly defined to ensure that they do not lead to unnecessary or disproportionate interference with freedom of expression. Excessive restrictions on access to information must also be avoided. The media plays a crucial role in informing the public about acts of terrorism and its capacity to operate should not be unduly restricted. In this regard, journalists should not be penalized for carrying out their legitimate activities.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
Paragraph
Article 10: Humane treatment of persons deprived of liberty 1982, para. 4
- Paragraph text
- The Committee further notes that the principles of humane treatment and respect for human dignity set out in paragraph 1 are the basis for the more specific and limited obligations of States in the field of criminal justice set out in paragraphs 2 and 3 of article 10. The segregation of accused persons from convicted ones is required in order to emphasize their status as unconvicted persons who are at the same time protected by the presumption of innocence stated in article 14, paragraph 2. The aim of these provisions is to protect the groups mentioned, and the requirements contained therein should be seen in that light. Thus, for example, the segregation and treatment of juvenile offenders should be provided for in such a way that it promotes their reformation and social rehabilitation.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 1982
Paragraph
Article 9: Liberty and security of person 2014, para. 34
- Paragraph text
- The individual must be brought to appear physically before the judge or other officer authorized by law to exercise judicial power. The physical presence of detainees at the hearing gives the opportunity for inquiry into the treatment that they received in custody and facilitates immediate transfer to a remand detention centre if continued detention is ordered. It thus serves as a safeguard for the right to security of person and the prohibition against torture and cruel, inhuman or degrading treatment. In the hearing that ensues, and in subsequent hearings at which the judge assesses the legality or necessity of the detention, the individual is entitled to legal assistance, which should in principle be by counsel of choice.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph
Article 9: Liberty and security of person 2014, para. 54
- Paragraph text
- Article 9 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals for having cooperated or communicated with the Committee, such as physical intimidation or threats to personal liberty.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2014
Paragraph
Article 9: Liberty and security of person 2014, para. 35
- Paragraph text
- Incommunicado detention that prevents prompt presentation before a judge inherently violates paragraph 3. Depending on its duration and other facts, incommunicado detention may also violate other rights under the Covenant, including articles 6, 7, 10 and 14. States parties should permit and facilitate access to counsel for detainees in criminal cases from the outset of their detention.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
Paragraph
Article 19: Freedoms of opinion and expression 2011, para. 44
- Paragraph text
- Journalism is a function shared by a wide range of actors, including professional full-time reporters and analysts, as well as bloggers and others who engage in forms of self-publication in print, on the internet or elsewhere, and general State systems of registration or licensing of journalists are incompatible with paragraph 3. Limited accreditation schemes are permissible only where necessary to provide journalists with privileged access to certain places and/or events. Such schemes should be applied in a manner that is non-discriminatory and compatible with article 19 and other provisions of the Covenant, based on objective criteria and taking into account that journalism is a function shared by a wide range of actors.
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Year
- 2011
Paragraph
Embrace diversity and energize humanity 2017, para. 10
- Paragraph text
- Fourth, precisely because so many issues under the mandate reach out to an array of sectors and professions, it is essential to broaden the discourse and vistas for cooperation. For example, change in the medical and scientific sector is pivotal in helping to prevent violence and discrimination relating to health concerns. Where the situation was once pathologized, giving rise to potential or actual abuse and stigma, there is now momentum towards depathologizing and destigmatizing in relation to sexual orientation and gender identity, with due regard to ensuring access to comprehensive and quality health care for all. If the issue is interrelated with employment, there is now a call to interlink increasingly with the business sector. Where there are issues of faith and religion, it is important to reach out to spiritual leaders and actors and seek interfaith cooperation to complement international standards. Where there is a quest to shun hate speech and incitement to violence, a key catalyst is the ever-growing presence of social media and its responsiveness to human rights.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 42
- Paragraph text
- The Independent Expert looks forward to interlinking more closely with United Nations agencies and other actors to support activities, while commending the programmes already undertaken. For instance, UNESCO is involved in addressing the issue of bullying in the educational setting; this is visible through its Teaching Respect for All initiative. It has helped to create lesson plans for teachers to discuss homophobia and transphobia in primary and secondary schools.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 66c
- Paragraph text
- States are encouraged to ratify the core international human rights treaties (if they have not yet done so) and to implement them fully, including in regard to respect for sexual orientation and gender identity, in cooperation with partners. This requires a range of human rights-sensitive measures, such as laws, policies, programmes, practices, case enforcement, mechanisms and personnel, resources (material and non-material), information and monitoring, education and capacity-building, accountability and remedies, and a participatory process and broad mobilization and networking open to civil society, with space for dialogue and reforms.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 14
- Paragraph text
- The right to be free from discrimination is enshrined in article 2 of the Universal Declaration of Human Rights and all human rights treaties. Issues relating to sexual orientation and gender identity have been dealt with by the monitoring bodies under the human rights treaties in their relationship with States, and a number of those bodies, including those created under the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the Convention on the Rights of Persons with Disabilities, have adopted general comments that refer expressly to sexual orientation and gender identity. The mandate of the Independent Expert is founded on this bedrock of international human rights law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 53q
- Paragraph text
- As reported by the Australian Human Rights Commission, the country’s Sex Discrimination Act 1984 was amended by Act. No. 98 of 2013 to include protections against discrimination on the basis of sexual orientation, gender identity, intersex status and relationship status in the areas of employment, education and goods, and services and facilities, but it provided for some exceptions where the conduct is committed by voluntary bodies, religious bodies, educational institutions established for religious purposes and in sport. Despite the Government’s commitment to remove those exemptions, the Commission noted that a number of significant and concerning inconsistencies remain between the Sex Discrimination Act and state and territory laws; particularly with respect to anti-discrimination and equal opportunity laws;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 49
- Paragraph text
- The role of civil society and non-governmental organizations and of concerned communities and individuals is critical for action against violence and discrimination. Their dedicated efforts and inputs were instrumental in helping to set up this mandate, and there is a wealth of information emanating from their work which inspires the work of the Independent Expert. They are part and parcel of much-needed cooperation at both the national and international levels and act as human rights defenders in the most sensitive situations. Assistance and protection for their work are at the heart of this mandate, which is impelled by the quest for an all-inclusive approach that is respectful of public participation in countering violence and discrimination on the basis of sexual orientation and gender identity, worldwide. Indeed, this is living democracy in regard to sexual and gender diversity.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 59d
- Paragraph text
- States should explore more cooperation with independent national human rights institutions, such as national human rights commissions and ombudspersons, to interlink between international norms and national settings. Those institutions should be supported as part of the checks and balances to prevent and overcome abuses of power and human rights violations, as well to access justice and remedies. They should be paralleled by regional systems and initiatives to help to advance protection against violence and discrimination based on sexual orientation and gender identity;
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 9
- Paragraph text
- Third, the mandate recognizes that the issue of sexual orientation and gender identity interplays with a variety of pillars of power at the national and international levels. For instance, there may be a healthy range of opinions at the national level in many countries, with the judiciary or parliamentary pillar being more progressive than the executive branch or vice versa, offering the possibility of reform in regard to those national measures that are not in conformity with international standards. The diversity of pillars will be further illustrated below (see table, sect. VI). There is also a call for more space for a strong civil society, national human rights institutions and human rights defenders. In fact, the need for effective checks and balances to prevent abuse of power and to ensure compliance with international human rights law invites a diversity of processes and mechanisms respectful of international law.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 38
- Paragraph text
- Constructive dialogue is an imperative for the mandate, and the Independent Expert has endeavoured to initiate this from the very first days of his work. He recognizes that it is essential to build bridges — not only to those who already have plenty of awareness, understanding and knowledge but also to those who have less. In the quest for amicable discourse, there is the understanding that there can be no justification for crimes, such as killings, rapes and torture, nor for discrimination. The opportunity for dialogue, consultation and cooperation was exemplified by the public consultation held in Geneva in January 2017. The consultation was open to States, United Nations agencies and other interested stakeholders. This consultation was planned to help the Independent Expert to identify priority work areas in carrying out his mandate and to develop effective strategies to accomplish them. Major issues discussed included the situation of violence and discrimination based on sexual orientation and gender identity and the various underpinnings referred to above and below. At the end of the consultation, the Independent Expert summarized key inputs from the various participants who advised him on his role and work in fulfilling the mandate as follows: • Analytical: The work of the mandate holder is based on independent and objective analysis of the situation drawn from a variety of information sources. • Pedagogical: The work has an educational role in raising awareness among the public and educating the public about the situation. • Intersectoral: The work invites the Independent Expert to cross-link with a variety of actors and stakeholders — governmental, non-governmental and intergovernmental. • Focal/vocal: The work is a focal point for those affected by transgressions, and it also helps them to vocalize their concerns, not simply as victims but also as survivors and experts on the subject. • Empirical: The work is an opportunity for encouraging and generating information and data, possibly disaggregated, to support a balanced evidence-based approach to address the issue.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 5
- Paragraph text
- Through the methodology outlined above, the Independent Expert wishes to give voice to the many national actors who are instrumental in prompting the review and repeal of laws that discriminate against people on the basis of their sexual orientation or gender identity and expression and who contribute to the adoption of non-discrimination provisions. He also wishes to highlight dynamics at the national level and the role of various pillars of the States which can activate the reform process. The report is not intended to provide a comprehensive and geographically inclusive overview of the two underpinnings.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
Paragraph
Embrace diversity and energize humanity 2017, para. 23
- Paragraph text
- Since the first report submitted by the Independent Expert, he has attended a range of conferences and consultations and participated in related activities. For example, he participated in a conference in New York in early 2017 on the role of the business sector in the integration of sexual orientation and gender identity into their policy and practices, as monitored by a gender equality index and as recognized through a number of awards for exemplary performance. Indicators for measuring performance include the need for specific corporate policy reflecting sexual orientation and gender identity at the administrative level as well as in the entire work place, with training for mutual respect and provision of remedies in the case of discrimination. The Independent Expert highlighted the importance of incentivization in the work place, side by side with accountability, as well as integration of the message of non-discrimination throughout the supply chain and interaction with small-scale industries, which are often closest to the general population, particularly in developing countries. When the workplace personifies an environment of non-discrimination and both management and workers feel a sense of inclusion and belonging, there is a key dividend in both economic and social terms, adding to the positive value chain in the global-local dynamic.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Year
- 2017
Paragraph
Diversity in humanity, humanity in diversity 2017, para. 17
- Paragraph text
- The entry point for the mandate holder is action against violence and discrimination. This is based on existing international human rights law and its interrelationship with sexual orientation and gender identity; there is no advocacy of new rights for particular groups.
- Body
- Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 19
- Paragraph text
- The myth that persons with albinism naturally have a short lifespan is also prevalent. It appears to supply an explanation for the relatively high frequency of early deaths among persons with albinism. Such early deaths, which particularly correlate with the myth that persons with albinism disappear, also appear to be strongly linked to the prevalence of skin cancer and the high number of early to midlife fatalities recorded among them on account of this preventable disease. There is an urgent need to address this disease through the provision of both preventive and curative measures that are accessible and affordable or free, particularly in rural areas.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 46
- Paragraph text
- Witchcraft beliefs and practices as they relate to albinism have essentially capitalized on a myth-riddled situation, to the benefit of practitioners and willing believers. Further, the relative rarity of body parts of persons with albinism has been capitalized upon by the witchcraft beliefs which proffer that the body parts can attract equally rare minerals, such as gold or diamonds. The same argument with regard to rarity appears to have informed the market value of body parts, such that "the albino fetish has become the most expensive charm because it is perceived as harnessing spirits that are far more powerful than … a waganga [witchdoctor/traditional healer] could otherwise offer".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 13
- Paragraph text
- There are different types of albinism. The most common and visible type is oculocutaneous albinism (OCA), which affects the skin, the hair and the eyes. Within this type, there are subtypes, which reflect varying degrees of melanin pigment deficiency in an individual. The main subtypes of OCA are tyrosinase negative albinism (OCA1) and tyrosinase positive albinism (OCA2). In OCA1, there is little or no production of melanin and it is often characterized by white hair and opaque or transparent irises. In the more prevalent, particularly in African countries, OCA2, some melanin is produced and it is characterized by yellow-blonde or sandy-coloured hair and grey to light brown irises. A less common form of albinism is ocular albinism which affects the eyes alone, while albinism accompanied by Hermansky-Pudlak syndrome is another less common form, which is characterized by bleeding disorders, bowel (colitis) and lung diseases.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 69
- Paragraph text
- It is likely that similar laws, including those inherited from the colonial era, when examined in the light of the principles of human rights, including the rule of law and the right to a fair trial, would lead to outcomes similar to the ones prescribed by the Commission. They include repealing outdated legislation on witchcraft, while emphasizing the necessity of sanctioning persons who accuse others of witchcraft; making it generally known that harmful practices related to witchcraft would be prosecuted; and ensuring that mere belief in witchcraft is not criminalized. However, as witchcraft in general has yet to feature prominently on the radar of human rights mechanisms, the initiation of a system-wide approach, beginning with a scaled-up version of the exercise conducted in Papua New Guinea, including an exercise in definition, is timely.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 92
- Paragraph text
- That being said, given the extent of witchcraft practices and the diversity of victims of related harmful practices, including persons with albinism, a transversal approach is timely. This could be in the form of a guiding document that takes into account the several recommendations made to date, including by the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Constitutional Law Reform Commission of Papua New Guinea and the preliminary conclusions of the Independent Expert.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 24
- Paragraph text
- In an environment where having albinism is regarded as a curse and where the myth that albinism can be contracted like a contagious disease is prevalent, crossing the road to avoid walking near or refusing to shake hands with persons with albinism is commonplace.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 24
- Paragraph text
- UNICEF extends this definition by adding that "witchcraft is a theory that explains and justifies a conception of the universe". With both conceptualizations, witchcraft could also be described as a religion or belief. In various countries affected by attacks against persons with albinism, witchcraft beliefs and practices are widespread. Adherents are found across various strata of society, transcending socioeconomic class, the urban-rural divide and levels of education.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 56
- Paragraph text
- Countries with records of attacks against persons with albinism, including both countries visited this year by the Independent Expert, demonstrated the challenge of the ambiguity between the two practices. This problem has already been identified by the Independent Expert as a root cause of attacks. The issue is further complicated by the lack of effective oversight over the practice of traditional healers, the secrecy that often surrounds witchcraft practice and the absence of a clear national policy position on the issue.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 21
- Paragraph text
- There are rare cases where persons with albinism are deified or viewed as having godlike qualities. For example, the Guna people in Latin America give a special place to persons with albinism as protectors. Tales of persons with albinism being considered as water deities or as natural chiefs have also been reported. While deification and positive supernaturalization of persons with albinism may appear to be desirable, this is not an ideal state because the person with albinism is still the subject of myths unfounded on fact or science. Consequently, their dignity remains grounded in subjective narratives and not in their objective status as human beings.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 32
- Paragraph text
- In the Pacific Islands, it has been reported that people with albinism suffer comparable human rights-related issues with regard to lack of access to information and support for health conditions, vision problems and cultural isolation. There is little verified information on the human rights situation of persons with albinism in Asia, South America and the Caribbean. The Human Rights Council Advisory Committee stressed that the absence of information on albinism in other regions should not be interpreted to mean that there is no problem of discrimination, stigmatization and violence in those regions. Lack of sufficient knowledge remains a significant barrier to tackling discrimination, stigmatization and violence.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 42
- Paragraph text
- Despite these considerations, it appears that various countries with records of attacks do criminalize witchcraft, using a definition of the phenomena in their legislation. However, most of these laws were inherited from the colonial period and are often out of touch with present reality. They bear a limited understanding of witchcraft - its extent, scope, flexibility and evolution - and proffer a definition of the phenomena that is difficult to enforce.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 28
- Paragraph text
- Similarly, myths contribute to minimizing the social impact of attacks against persons with albinism and justify their disappearance. In this regard, the testimony of a digger is telling as he explains that myths are used to "deceive people because the waganga [witchdoctors/traditional healers] believe that the zeruzeru [a pejorative term for a person with albinism] aren't missed in the community. They believe that they are not useful people and if they die they are not lost".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Violence
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 65
- Paragraph text
- Similarly, understanding the root causes of attacks against persons with albinism is necessary in order to design strategies to address discrimination and attacks and to identify adequate prevention measures. The secrecy surrounding witchcraft practices and the underground nature of the market associated with the trafficking in body parts of persons with albinism make it difficult to find evidence. Understanding the phenomena and their implications would therefore be one of the priorities of the Independent Expert.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 37
- Paragraph text
- In the 26 countries where attacks against persons with albinism have been reported to date, all of which are in sub-Saharan Africa, belief in witchcraft and witchcraft practices have been reported, including by civil society and the media. The beliefs do not seem constrained by socioeconomic class, level of education or location; both urban and rural areas are affected. Witchcraft beliefs and practices are referred to in everyday conversation, and they seem to be socially accepted means of handling issues, providing explanations for unusual occurrences or establishing responsibility in cases of misfortune. Witchcraft beliefs and practices are also used to justify accusations stemming from envy, hatred, vengeance and other similar vice. Belief in witchcraft allows people to make sense of their seemingly arbitrary misfortune and to blame a particular person. This blame is often targeted at persons in one's immediate social circle, after consultation with a witchdoctor.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 39
- Paragraph text
- The vast majority of attacks against persons with albinism have been carried out in order to harvest body parts. There are beliefs that drinking the blood of persons with albinism gives extra magical power or that it has magical properties and brings prosperity and good luck. Fingers of persons with albinism are reportedly worn as necklaces and amulets. Bones of persons with albinism are used to successfully mine for gold and other desirable minerals. Hands of persons with albinism are burned to ashes and mixed in a paste to cure strokes; blood of persons with albinism is used to boost vitality and intellectual capacity, as well as for political power and business. Hair has been touted as useful for agriculture. Genitals, breasts and placentas are used to cure infertility and create good luck.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 42
- Paragraph text
- Further witchcraft beliefs are that placing the skull of a person with albinism in the foundation of a new building will bring luck to the building, that burying body parts in key places on a farm ensures big harvests and that inserting the hand of a person with albinism into the entrances of shops encourages customers to come. It was also reported that fishermen weave hair of persons with albinism into their nets or use the skin of persons with albinism to brush their nets to enhance fishing. Body parts are also sought after for protection, for example against plane crashes. It is also believed that body parts can protect one against witches and that burying a body part of a person with albinism in one's house will keep witches away.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 43
- Paragraph text
- A witness reported: "witchdoctors told me that they kill persons with albinism and use their organs to make magic potions for their clients who want to become rich and successful". Similarly, a witchdoctor admitted to the use of bones of persons with albinism after being instructed by his ancestors, stating that "good witchcraft is when one uses organs of a dead person with albinism" while "bad witchcraft is when one kills a person with albinism for their body parts". In another interview, a witchdoctor explained that "from their hair to their bones, albinos are sought after. When we hear that an albino has died somewhere, we try to find out where he has been buried in order to recover some parts which are really important to help us … we even kill albinos because we need certain parts of their bodies". In addition to attacks against persons with albinism, such witchcraft beliefs have often led to the desecration of their graves.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 16
- Paragraph text
- It has been widely reported and documented that persons with albinism are hunted and physically attacked due to prevailing myths such as the misbelief that their body parts, when used in witchcraft rituals and potions or amulets, will induce wealth, good luck and political success. Other dangerous myths that facilitate the perpetration of attacks are those linked to perceptions of their appearance, including misbeliefs and myths that persons with albinism are not human beings, but ghosts, that they are subhuman and that they do not die, but disappear. An increase of those attacks, referred to as "ritual attacks", has been reported by civil society during periods of political elections.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 22
- Paragraph text
- Evans-Pritchard distinguishes between "witchcraft" and "sorcery". According to his definition, witches have supernatural powers and operate in secret, in order to harm victims by devouring their life essence. In contrast, a sorcerer is someone who does harm by using plant substances and rituals. The use of body parts of persons with albinism in amulets, charms, potions or other preparations could arguably fall under either category. Therefore, in the present report, the Independent Expert will use the term "witchcraft" to denote both concepts. She will not use the term "magic", which has been employed in some cases to describe attacks against persons with albinism, because it seems to have a dual quality of both benevolence and malevolence, and may therefore be misunderstood. Since the report intends to capture witchcraft in the broader sense and its negative impact on persons with albinism, the term "magic" - in its malevolent form - will be understood to be subsumed by the term "witchcraft".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 16
- Paragraph text
- There are different types of albinism. The most common and visible type is oculocutaneous albinism, which affects the skin, hair and eyes. Within this type are subtypes that may reflect varying degrees of melanin deficiency in an individual. Lack of melanin in the eyes results in high sensitivity to bright light and significant vision impairment, with the level of severity varying from one person to another. This vision impairment often cannot be completely corrected. In addition, one of the most serious health implications of albinism is vulnerability to skin cancer, which remains a life-threatening condition for most persons with albinism. All human rights issues relating to albinism reported to date - attacks, mutilation and trafficking of body parts, among others - have been linked to its oculocutaneous form, which is also the most visible type of albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 55
- Paragraph text
- The present report does not question the necessity, complementarity or usefulness of traditional medicine. However, the broad definition of the concept has led to situations where the difference between witchcraft practitioners and traditional doctors is difficult to establish in practice. For example, the Independent Expert has seen advertisements in newspapers posted by "traditional healers" offering to make clients richer, cure incurable diseases, secure release from prison, and making other claims that are more suggestive of witchcraft than traditional medicine. In this context, the ideological affinity found between patients and traditional medicine could facilitate witchcraft as a harmful practice because witchcraft can have a diagnostic objective that could implicate innocent third parties - for example, persons known to and disliked by the patient - as the source of a patient's problem.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 58
- Paragraph text
- As noted during the universal periodic review of Papua New Guinea, the National Action Plan against Sorcery- and Witchcraft-related Violence was approved in 2015 (A/HRC/33/10). The Action Plan is supported by the national and provincial committees, which serve to ensure its implementation to complement existing laws that address sorcery and witchcraft-related killings and violence. The Action Plan, which puts emphasis on strengthening partnerships between relevant stakeholders, has five core areas: legal reforms and protection; health; advocacy and communication; care and counselling; and research. Each area contains a few key recommendations and sets out concrete activities to be implemented. It also allocates specific responsibilities to particular departments and organizations, establishes time frames, and highlights the human and financial resources necessary to implement them.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 91
- Paragraph text
- Witchcraft practice, in particular the use of body parts of persons with albinism for muti or juju, is undeniably one of the main root causes of attacks against persons with albinism. However, owing to challenges in conceptualizing "witchcraft" using objective elements, attempts at establishing clear legal boundaries around such practices - including to deter related harmful practices - have been elusive. One key exception is witchcraft accusations, an aspect of witchcraft practice that can be, and has been, legally captured with objective elements because there is no need to define "witchcraft" itself to achieve the purpose of preventing accusations and related violence.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 82
- Paragraph text
- In the absence of specific legislation covering trafficking of body parts, some States have been confronted with a legal gap when they arrest persons for trafficking body parts of persons with albinism such as bones, hair and limbs. In response to this situation, in Malawi for example, the judiciary has made creative use of the Anatomy Act, which was not drafted with the horrendous crimes perpetrated against persons with albinism in mind. The Act, which was drafted for a medical context, carries relatively light penalties but was, until recent reforms, the only instrument available to prosecute cases of possession of body parts of persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Violence
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 67
- Paragraph text
- Information has been received that killings are known to peak during election times as demand for magical potions by politicians seeking election or re-election goes up. Civil society reported that, prior to several elections in the African region, the number of reported attacks increased in various countries. Internal conflicts or political tensions also provide a framework of uncertainty conducive to reliance on supernatural beliefs and witchcraft practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 83
- Paragraph text
- [The Independent Expert makes the following recommendations to States affected by attacks against persons with albinism:] [Reasonable accommodation for visual impairment] Provide reasonable accommodation for visual impairment as well as adequate protective measures against attacks on persons with albinism in schools and at places of work;
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 72
- Paragraph text
- Second are the inherent limits of self-regulation, weak law enforcement and the absence of a far-reaching oversight mechanism for both urban and rural areas. Further, self-regulation by organizations of traditional healers have done little to prevent purported practitioners of traditional medicine from establishing themselves on their own, with no oversight at all. Weak enforcement of government licensing systems has also led to similar situations.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Health
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 18
- Paragraph text
- Beliefs that attribute supernatural qualities to persons with albinism serve only to dehumanize them. Such beliefs deify or demonize persons with albinism, and present as natural the exclusion, stigma and discrimination they face. This is the case, for example, in the widespread myth that persons with albinism do not die, but simply disappear. This myth is particularly disturbing because it justifies any sudden and inexplicable disappearance of a person with albinism from his or her community. This belief poses a strong risk to persons with albinism by proactively providing an acceptable explanation to the community for the disappearance of a person with albinism after an attack. Further, the existence of such a myth supports the hypothesis that violations of the life and security of persons with albinism predate the contemporary attention given to the issue.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 34
- Paragraph text
- The Witchcraft and Human Rights Information Network stresses that there is no universally accepted definition of witchcraft and the term means different things to different people in different places. Primarily witchcraft can be seen as a negative, malevolent force which is used by people in the spirit realm to bring about harm in the physical realm. In 1974, Marc Augé defined witchcraft as "a set of beliefs, structured and shared by a given population, that addresses the origin of misfortune, illness and death, and a set of practices for detection, treatment and punishment that corresponds to these beliefs".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 66
- Paragraph text
- Witchcraft is therefore, at least in part, a means of reconciling the traditional with the modern, the former promising to answer questions deemed unanswered by the latter. However the explanations provided by witchcraft are often not grounded on fact but are based on myths and pre-existing beliefs, for which the witchdoctor has a solution at a price. The situation bears strong elements of fraud. To the extent that it solves socioeconomic problems, at best, it supplies only a limited form of social justice and equity as it fails to address the real causes of problems and ultimately leads people to resign themselves to their "misfortunes" instead of accurately understanding and resolving them.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 56
- Paragraph text
- In a context of poverty, and in view of the reported black market value of body parts of persons with albinism, the perceived possibility of becoming rich quickly is a strong incentive for attacks. Perpetrators recruited to abduct or kill a person with albinism, or informants revealing where persons with albinism live, are often promised a sum of money. Similarly, traditional healers or herbalists in a difficult economic context may be tempted to take advantage of myths and witchcraft beliefs concerning albinism to go beyond using herbs and animal body parts to using body parts of persons with albinism to attract a higher price for their services.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 75
- Paragraph text
- The characterization of persons with albinism in films and literature has largely been belittling, negative and caricature-peddling. Although there is reason to be optimistic on the basis of new trends in the past five years, there remains a lot of work to be done because "modern movies, novels, television programs, etc. still insist on using albinism for its shock value…¸ rather than present the facts about the condition since these do not lend themselves to an interesting story. Storytellers choose to use the physical appearance of albinism to invent their own fantasies, and expose their own superstitions and fears" [about the condition]. It has also been reported that the Nigerian film industry, by similarly portraying persons with albinism and normalizing witchcraft, contributes to the spreading of myths and encourages resort to witchdoctors in times of misfortune or hardship.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 37
- Paragraph text
- One of the most serious health implications of albinism is the vulnerability to skin cancer. Skin cancer remains a life-threatening condition for most persons with albinism. Statistics on the issue are mostly from Africa and they indicate a worrying trend. Some reports indicate that most persons with albinism die from skin cancer between the ages of 30 and 40 years. A recent sampling of 77 persons with albinism from different African countries seems to support the reported trends. Of the 77, 43 had 239 pre-cancerous lesions and 3 required immediate surgical attention. This sample indicates the scale of the problem in the region and the need for immediate attention.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 31
- Paragraph text
- Attacks against persons with albinism often involve three types of perpetrators: persons who hunt, attack, kill and dismember persons with albinism and transport their body parts; persons, often presenting themselves as witchdoctors, who prepare the muti or juju using the body parts; and persons who obtain or purchase the muti or juju. Each of these actions constitutes a crime and should therefore be investigated and prosecuted under relevant criminal law provisions, irrespective of whether they are connected to muti, juju or witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 40
- Paragraph text
- Similarly, the Special Rapporteur on freedom of religion or belief stated in the report of his mission to Sierra Leone (A/HRC/25/58/Add.1) that freedom of religion or belief, while allowing for legally defined limitations to protect the rights and freedoms of others, must be broadly understood. Witchcraft-related beliefs, whether in their ancient or modern form, are protected under the freedom of belief, as are actions related to such beliefs, as long as they do not violate the rights of others. However, he also stressed that "the serious harm inflicted on persons accused of witchcraft can never be justified", and that "if someone were to invoke the right to freedom of religion or belief in order to support harmful practices, such as the persecution and punishment of alleged witches, this would be a clear case for limiting the application of freedom of religion or belief". The same reasoning applies to other harmful practices, including attacks against persons with albinism: harmful practices can never be justified.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 74
- Paragraph text
- The adoption of regulatory measures regarding traditional medicine would benefit from a Government-enforced monitoring mechanism that reaches rural, remote and border areas, particularly where attacks against persons with albinism have been reported. It is also critical that any legislation enacted regarding the practice of traditional medicine be accompanied by public education campaigns explaining the criminal nature of witchcraft-related attacks and violence. In addition, efforts should be made to ensure that relevant legislative developments are communicated to practitioners of traditional medicine and that the new provisions are effective and enforced.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 58
- Paragraph text
- Although it is likely, given the alleged prices for body parts, that relatively wealthy individuals are involved in the attacks and in the market for body parts, some testimonies indicate that the demand for and use of body parts also comes from social classes with relatively limited economical means. There are reports of the use of body parts by fisherman wishing to increase their catch, artisanal miners, entrepreneurs and small business owners.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Violence
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 45
- Paragraph text
- It was reported that witchcraft beliefs and associated practices relating to the body parts of persons with albinism have led to an underground black market in the purchase and sale of body parts. This entire phenomenon seems to have no historical precedent. Yet there is a reasonable link between historical discrimination and stigma (including myths relating to disappearances and infanticide) on the one hand and the current situation of attacks on the other - the former laying the foundation for the latter.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 18
- Paragraph text
- The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, in a 2009 report (A/HRC/11/2), stated that witchcraft "has not featured prominently on the radar screen of human rights monitors" and that "this may be due partly to the difficulty of defining 'witches' and 'witchcraft' across cultures - terms that, quite apart from their connotations in popular culture, may include an array of traditional or faith healing practices that are not easily defined".
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 61
- Paragraph text
- Malawi adopted a response plan in March 2015. It includes developing an education and awareness programme; strengthening community policing structures and the allocation of adequate police forces in the districts most affected by attacks; undertaking research to understand the root causes of attacks and trafficking in body parts; expediting prosecution of attacks; providing psychosocial support to victims; and the review, amendment and enactment of legislation where necessary to ensure the protection of persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 39
- Paragraph text
- The question of whether to criminalize acts of witchcraft was examined by Philip Alston. After considering various arguments in favour of criminalization, including that local customs should be reflected in national law; that criminal law should protect against all types of violence, including violence committed by occult means; and that the failure of criminal law to address such acts leads individuals to take the law into their own hands to achieve what is popularly considered to be a just and fair result, he concluded that the weight of the arguments against criminalization was superior. Criminalization would reinforce the social stigmatization of those accused, and such a prohibition of witchcraft might be socially perceived as providing legitimacy to the killing and ill-treatment of alleged witches. In addition, the very subjective nature of witchcraft, illustrated by the difficulty of finding a clear definition of the concept and the impossibility of identifying objective factors as evidence to be weighed in a court of law were sufficient bases on which to conclude that acts of witchcraft as such should not be criminalized. This does not mean that criminal action becomes legitimate when committed for witchcraft purposes, but rather that a licit action should not be considered a criminal act because it is conducted for witchcraft purposes. Objective criminal acts should be prosecuted, regardless of their (mere or inextricable) link to witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 47
- Paragraph text
- Today, it is highly concerning that witchcraft beliefs surrounding albinism have spread widely and that persons with albinism are often nicknamed "asset", "money", "deal" or "million" in reference to the alleged value of their body parts. Such taunts are reportedly widespread in both rural and urban environments, particularly in countries where attacks on persons with albinism are reported.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 27
- Paragraph text
- Muti is a Zulu word used in southern Africa that refers to types of traditional medicine, magical charms, potions or amulets. It has also been defined as a substance fabricated from plants, animals or minerals by a person possessing expert knowledge and skill. In West Africa, the term "juju" is used to refer to a similar practice. It is sometimes believed that the muti or juju will be more effective if it contains human body parts, in particular those of persons with albinism, as these are believed to be intrinsically magical or powerful, with the ability to produce wealth and confer good luck. "Muti murder", "medicine murder" and "juju" are therefore the terms most commonly associated with ritual attacks to produce charms, potions or amulets that involve the use of human body parts. In this context, muti and juju seem to be related to witchcraft and are therefore subsumed by the term "witchcraft" in the present report. In particular, witchcraft-related beliefs, rituals and practices seem to give energy and meaning to muti and juju. Even if in some cases witchcraft-related beliefs are described as superstitions unaffiliated with any religious systems, they can be harnessed by witchcraft practitioners to the detriment of various victims, including persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 68
- Paragraph text
- The repeal of the Sorcery Act followed a nationwide consultation and review by the Constitutional Law Reform Commission. The Commission found that the law, although rarely used, contained various contradictions and inconsistencies, and was difficult to enforce. The Commission also found that the Act used ambiguous terminology. For example, it referred to the difference between "innocent" and "forbidden" sorcery, but did not clearly specify what those acts constituted. The Commission also reflected on the technical difficulty of identifying the consequences of sorcery in a court procedure and on linking sorcery to a given consequence, as it was practically impossible to provide evidence that would prove its use. Further, the Commission found that the Act focused principally on the sorcerer as the perpetrator and did not adequately address violence perpetrated against persons accused of sorcery or of being a sorcerer. The Commission also found that the existence of the Act itself could perpetuate belief in sorcery as a means of harming or killing another person. Finally, the Commission found that sorcery as such was not a matter falling under the jurisdiction of courts and tribunals, but was to be dealt with by religious and spiritual leaders. However, any violence related to witchcraft, including murders and attacks, was a criminal offence that should be treated as such by the courts and tribunals (see A/HRC/23/49/Add.2, paras. 64-66).
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 93
- Paragraph text
- Meanwhile, strategies such as action plans designed to address witchcraft and attacks against persons with albinism should encompass a variety of measures, inter alia, to reinforce the existing legal framework, enhance the protection of persons with albinism, ensure awareness-raising and strengthen research and data collection.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Vision for the mandate 2016, para. 64
- Paragraph text
- In addition, the difficulty in accessing reliable data on cases of killings of and attacks against persons with albinism also hinders efforts to fight those horrendous human rights violations. Such data should include information on the number of cases registered, investigations, prosecutions and administrative and judicial decisions.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 64
- Paragraph text
- An analogy can be drawn from the positive correlation found between witch-hunting and poverty. In his study of the phenomenon of witch killings, Edward Miguel uses rainfall variation to estimate the impact of income shocks on murders in rural areas of the United Republic of Tanzania. He noted that rainfall extremes (drought or flood) led to an income drop, and linked that information to data on witch killings in the villages. While undesirable levels of rainfall led to a large increase in the number of murders of "witches", it had no impact on the number of other types of murder. He concluded that income drops caused by undesirable levels of rain and related economic hardship are key factors in the killings of so-called witches. A similar correlation was established in a study by Emily Oster which focused on the Renaissance period in Europe. She noted that one of the sharpest drops in temperature, which negatively impacted economic growth, coincided with the reinvigoration of witchcraft trials. Both studies highlight the link between poverty or income reduction and reliance on supernatural beliefs, including witchcraft, for explaining the misfortune.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Poverty
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 67
- Paragraph text
- In 2013, the Parliament of Papua New Guinea repealed the Sorcery Act (1971) in total. The Act, whose objective was "to prevent and punish evil practices of sorcery and other similar evil practices", acknowledged the existence of sorcery and criminalized its practice, including attacks against people accused of sorcery. In 2014, new legislation criminalizing killings related to sorcery was enacted.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 77
- Paragraph text
- Attacks against persons with albinism are characterized by the hacking off of body parts. This appears to be the primary purpose of a majority of attacks. Body parts such as limbs are removed from the body and transported to alleged witchdoctors for the purpose of concocting muti or juju medicines and potions.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 20
- Paragraph text
- In a 2011 report, HelpAge International reviewed legislation adopted to address accusations of witchcraft and related violence in nine countries and came to similar conclusions. One of the key findings of the study was the difficulty, both nationally and regionally, encountered by these countries in defining witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 16
- Paragraph text
- Most potent is the belief that persons with albinism can be used in money-making rituals and for good luck charms and amulets. The crux of this belief is the notion that the body parts of persons with albinism - their skin, hair, genitals and limbs - can generate financial and other desirable gains when used for witchcraft rituals, practices and paraphernalia.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 35
- Paragraph text
- Philip Alston has noted that reports from a surprisingly large number of countries in different regions of the world indicate that the intentional killing of individuals labelled as witches remains a significant and very troubling phenomenon; such killings are by no means a practice of the past.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 60
- Paragraph text
- Action plans and policies that are currently being used and developed in countries such as Malawi and Mozambique to address attacks against persons with albinism include tools for addressing the root causes of attacks, including witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 28
- Paragraph text
- Persons with albinism are victims of ritual attacks. It is believed that their body parts can bring, inter alia, wealth and good luck when used in potions made by practitioners of witchcraft, referred to as witchdoctors. Persons with albinism who are victims of such attacks are often dismembered and their body parts stolen, including limbs, genitals and hair. In addition, body parts are often taken from live victims because of the related belief that the intensity of their screams while being dismembered enhances the potency of the muti or juju.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2017
Paragraph
Vision for the mandate 2016, para. 25
- Paragraph text
- Recent cases of body-parts trafficking that were brought to the attention of the Independent Expert by civil society include cases where law enforcement agencies acted promptly and were able to prevent the sale and save the persons with albinism involved. In a few other cases, however, the body parts were harvested and have still not been recovered.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 21
- Paragraph text
- Since 2007, civil society organizations have reported hundreds of attacks against persons with albinism in 25 countries. All of those physical attacks appear to be, at least in part, related to the erroneous beliefs and myths linked to witchcraft practices.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2016
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 14
- Paragraph text
- This is the case, for example, in the myths that persons with albinism cannot see during the day but have excellent vision at night, that desirable minerals such as mercury and gold flow through their veins or that they float on water and cannot drown. Other myths seeking to dehumanize persons with albinism include those portraying them as cannibals or monstrous creatures in certain folktales, literature and films, or claiming that they can communicate with non-earthly or extraterrestrial beings.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 71
- Paragraph text
- However, these efforts provide only limited control owing to several factors. First is the absence of a normative framework and legislative clarity on the difference between traditional medicine and witchcraft. This ambiguity is being abused by criminals posing as traditional healers, but also by genuine traditional healers who go beyond using herbs and animal body parts to using body parts of persons with albinism to attract a higher price for their services.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Health
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 96
- Paragraph text
- Further, in addressing the issue of attacks against persons with albinism, all initiatives are best taken using a dual or twin-track approach. Such an approach would, on the one hand, urgently deal with attacks and trafficking of body parts for muti and juju; on the other hand, measures employed should go beyond the emergency of attacks, inter alia, to address root causes of attacks including, and particularly, harmful practices linked to witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Violence
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 29
- Paragraph text
- In addition, the myths fuel the discrimination and abuse to which persons with albinism are subject at school, and this increases bullying, taunting and harassment, which in turn increases their dropout rates. High dropout rates throw them into a cycle of poverty that is hard to break. Poverty in turn predisposes them to abuse and exposes them to attack.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Violence
- Year
- 2016
Paragraph
Vision for the mandate 2016, para. 28
- Paragraph text
- According to information received, the erroneous beliefs and myths, including certain witchcraft practices, have led to the desecration of graves of persons with albinism. Such desecrations have been reported in at least seven countries in Africa. In the cases reported, graves of persons with albinism were open and body parts or bones were stolen.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Harmful Practices
- Year
- 2016
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 14
- Paragraph text
- In continuation of that report, the following analysis seeks to further understanding of the broader issue of root causes by looking specifically at witchcraft. Of all identified root causes, witchcraft is one of the most challenging, owing to the complexity and the inherent barriers to the conceptualization of the phenomena. Yet addressing witchcraft remains a priority, as it is at the crux of attacks against persons with albinism.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 97f
- Paragraph text
- [Accordingly, the Independent Expert recommends that Governments:] Ensure the systematic collection of disaggregated data on persons with albinism, including through birth and death registers, as well as on attacks against persons with albinism, trafficking in body parts and accusations of witchcraft.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Violence
- Year
- 2017
Paragraph
Witchcraft and the human rights of persons with albinism 2017, para. 90
- Paragraph text
- Finally, campaigns should engage faith-based organizations, traditional leaders, persons with albinism and their families. They should address witchcraft and related beliefs, as well as fundamental topics involving albinism, including biological and scientific information on the genetic origins of the condition and other objective facts to debunk myths and misbeliefs surrounding the condition.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Harmful Practices
- Health
- Social & Cultural Rights
- Year
- 2017
Paragraph
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 72
- Paragraph text
- Although various attacks have been reported in urban areas, persons with albinism living in remote rural areas are particularly targeted. The situation is pronounced in border communities. The resource shortage faced by law enforcement in these areas, and the absence of civil society organizations to follow up on reported cases, are key intervening factors explaining this trend. Further, given that these areas are often challenged by a significant lack of access to information and education, myths about albinism and witchcraft practice tend to be more rampant there. Weak border patrol is also an issue in these areas as it facilitates cross-border trafficking of persons and body parts. In this regard, there is a crucial need for bilateral and multilateral agreements enhancing cooperation between the police of States sharing a common border to improve the investigation and prosecution of cross-border cases. This is particularly important for prosecuting more end-users of body parts since they are sometimes located in countries bordering the one where the victim was attacked.
- Body
- Independent Expert on the enjoyment of human rights by persons with albinism
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Year
- 2016
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 2
- Paragraph text
- Art 3. In the case of armed conflict not of an international character occurring in the territory of one of the High Contracting Parties, each Party to the conflict shall be bound to apply, as a minimum, the following provisions: (2) The wounded, sick and shipwrecked shall be collected and cared for. An impartial humanitarian body, such as the International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to the conflict should further endeavour to bring into force, by means of special agreements, all or part of the other provisions of the present Convention. The application of the preceding provisions shall not affect the legal status of the Parties to the conflict.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 18. After each engagement, Parties to the conflict shall, without delay, take all possible measures to search for and collect the shipwrecked, wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled. Whenever circumstances permit, the Parties to the conflict shall conclude local arrangements for the removal of the wounded and sick by sea from a besieged or encircled area and for the passage of medical and religious personnel and equipment on their way to that area.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 20. Parties to the conflict shall ensure that burial at sea of the dead, carried out individually as far as circumstances permit, is preceded by a careful examination, if possible by a medical examination, of the bodies, with a view to confirming death, establishing identity and enabling a report to be made. Where a double identity disc is used, one half of the disc should remain on the body. If dead persons are landed, the provisions of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 shall be applicable.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 43. The ships designated in Articles 22, 24, 25 and 27 shall be distinctively marked as follows: (a) All exterior surfaces shall be white. (b) One or more dark red crosses, as large as possible, shall be painted and displayed on each side of the hull and on the horizontal surfaces, so placed as to afford the greatest possible visibility from the sea and from the air. All hospital ships shall make themselves known by hoisting their national flag and further, if they belong to a neutral state, the flag of the Party to the conflict whose direction they have accepted. A white flag with a red cross shall be flown at the mainmast as high as possible. Lifeboats of hospital ships, coastal lifeboats and au small craft used by the Medical Service shall be painted white with dark red crosses prominently displayed and shall, in general, comply with the identification system prescribed above for hospital ships. The above-mentioned ships and craft, which may wish to ensure by night and in times of reduced visibility the protection to which they are entitled, must, subject to the assent of the Party to the conflict under whose power they are, take the necessary measures to render their painting and distinctive emblems sufficiently apparent. Hospital ships which, in accordance with Article 31, are provisionally detained by the enemy, must haul down the flag of the Party to the conflict in whose service they are or whose direction they have accepted. Coastal lifeboats, if they continue to operate with the consent of the Occupying Power from a base which is occupied, may be allowed, when away from their base, to continue to fly their own national colours along with a flag carrying a red cross on a white ground, subject to prior notification to all the Parties to the conflict concerned. All the provisions in this Article relating to the red cross shall apply equally to the other emblems mentioned in Article 41. Parties to the conflict shall at all times endeavour to conclude mutual agreements in order to use the most modern methods available to facilitate the identification of hospital ships.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 34. The protection to which hospital ships and sick-bays are entitled shall not cease unless they are used to commit, outside their humanitarian duties, acts harmful to the enemy. Protection may, however, cease only after due warning has been given, naming in all appropriate cases a reasonable time limit, and after such warning has remained unheeded. In particular, hospital ships may not possess or use a secret code for their wireless or other means of communication.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 2 (d)
- Paragraph text
- Art 13. The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (d) that of conducting their operations in accordance with the laws and customs of war.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 4
- Paragraph text
- Art 13. The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (4) Persons who accompany the armed forces without actually being members thereof, such as civilian members of military aircraft crews, war correspondents, supply contractors, members of labour units or of services responsible for the welfare of the armed forces, provided that they have received authorization from the armed forces which they accompany.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 56. The organization and administration of labour detachments shall be similar to those of prisoner of war camps. Every labour detachment shall remain under the control of and administratively part of a prisoner of war camp. The military authorities and the commander of the said camp shall be responsible, under the direction of their government, for the observance of the provisions of the present Convention in labour detachments. The camp commander shall keep an up-to-date record of the labour detachments dependent on his camp, and shall communicate it to the delegates of the Protecting Power, of the International Committee of the Red Cross, or of other agencies giving relief to prisoners of war, who may visit the camp.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. A.2 (c)
- Paragraph text
- Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (c) that of carrying arms openly;
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 79. In all places where there are prisoners of war, except in those where there are officers, the prisoners shall freely elect by secret ballot, every six months, and also in case of vacancies, prisoners' representatives entrusted with representing them before the military authorities, the Protecting Powers, the International Committee of the Red Cross and any other organization which may assist them. These prisoners' representatives shall be eligible for re-election. In camps for officers and persons of equivalent status or in mixed camps, the senior officer among the prisoners of war shall be recognized as the camp prisoners' representative. In camps for officers, he shall be assisted by one or more advisers chosen by the officers; in mixed camps, his assistants shall be chosen from among the prisoners of war who are not officers and shall be elected by them. Officer prisoners of war of the same nationality shall be stationed in labour camps for prisoners of war, for the purpose of carrying out the camp administration duties for which the prisoners of war are responsible. These officers may be elected as prisoners' representatives under the first paragraph of this Article. In such a case the assistants to the prisoners' representatives shall be chosen from among those prisoners of war who are not officers. Every representative elected must be approved by the Detaining Power before he has the right to commence his duties. Where the Detaining Power refuses to approve a prisoner of war elected by his fellow prisoners of war, it must inform the Protecting Power of the reason for such refusal. In all cases the prisoners' representative must have the same nationality, language and customs as the prisoners of war whom he represents. Thus, prisoners of war distributed in different sections of a camp, according to their nationality, language or customs, shall have for each section their own prisoners' representative, in accordance with the foregoing paragraphs.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 39. Every prisoner of war camp shall be put under the immediate authority of a responsible commissioned officer belonging to the regular armed forces of the Detaining Power. Such officer shall have in his possession a copy of the present Convention; he shall ensure that its provisions are known to the camp staff and the guard and shall be responsible, under the direction of his government, for its application. Prisoners of war, with the exception of officers, must salute and show to all officers of the Detaining Power the external marks of respect provided for by the regulations applying in their own forces. Officer prisoners of war are bound to salute only officers of a higher rank of the Detaining Power; they must, however, salute the camp commander regardless of his rank.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
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
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
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
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 16. The wounded and sick, as well as the infirm, and expectant mothers, shall be the object of particular protection and respect. As far as military considerations allow, each Party to the conflict shall facilitate the steps taken to search for the killed and wounded, to assist the shipwrecked and other persons exposed to grave danger, and to protect them against pillage and ill-treatment.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Year
- 1949
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
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 30. The vessels described in Articles 22, 24, 25 and 27 shall afford relief and assistance to the wounded, sick and shipwrecked without distinction of nationality. The High Contracting Parties undertake not to use these vessels for any military purpose. Such vessels shall in no wise hamper the movements of the combatants. During and after an engagement, they will act at their own risk.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 30. Every camp shall have an adequate infirmary where prisoners of war may have the attention they require, as well as appropriate diet. Isolation wards shall, if necessary, be set aside for cases of contagious or mental disease. Prisoners of war suffering from serious disease, or whose condition necessitates special treatment, a surgical operation or hospital care, must be admitted to any military or civilian medical unit where such treatment can be given, even if their repatriation is contemplated in the near future. Special facilities shall be afforded for the care to be given to the disabled, in particular to the blind, and for their. rehabilitation, pending repatriation. Prisoners of war shall have the attention, preferably, of medical personnel of the Power on which they depend and, if possible, of their nationality. Prisoners of war may not be prevented from presenting themselves to the medical authorities for examination. The detaining authorities shall, upon request, issue to every prisoner who has undergone treatment, an official certificate indicating the nature of his illness or injury, and the duration and kind of treatment received. A duplicate of this certificate shall be forwarded to the Central Prisoners of War Agency. The costs of treatment, including those of any apparatus necessary for the maintenance of prisoners of war in good health, particularly dentures and other artificial appliances, and spectacles, shall be borne by the Detaining Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 11. In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 32. Vessels described in Articles 22, 24, 25 and 27 are not classed as warships as regards their stay in a neutral port.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 59. From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 79. The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 24. Hospital ships utilized by National Red Cross Societies, by officially recognized relief societies or by private persons shall have the same protection as military hospital ships and shall be exempt from capture, if the Party to the conflict on which they depend has given them an official commission and in so far as the provisions of Article 22 concerning notification have been complied with. These ships must be provided with certificates from the responsible authorities, stating that the vessels have been under their control while fitting out and on departure.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 25. Hospital ships utilized by National Red Cross Societies, officially recognized relief societies, or private persons of neutral countries shall have the same protection as military hospital ships and shall be exempt from capture, on condition that they have placed themselves under the control of one of the Parties to the conflict, with the previous consent of their own governments and with the authorization of the Party to the conflict concerned, in so far as the provisions of Article 22 concerning notification have been complied with.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 45. The High Contracting Parties shall, if their legislation is not already adequate, take the measures necessary for the prevention and repression, at all times, of any abuse of the distinctive signs provided for under Article 43.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- The undersigned Plenipotentiaries of the Governments represented at the Diplomatic Conference held at Geneva from April 21 to August 12, 1949, for the purpose of revising the Convention concluded at Geneva on July 27, 1929, relative to the Treatment of Prisoners of War, have agreed as follows:
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 17. Every prisoner of war, when questioned on the subject, is bound to give only his surname, first names and rank, date of birth, and army, regimental, personal or serial number, or failing this, equivalent information. If he wilfully infringes this rule, he may render himself liable to a restriction of the privileges accorded to his rank or status. Each Party to a conflict is required to furnish the persons under its jurisdiction who are liable to become prisoners of war, with an identity card showing the owner's surname, first names, rank, army, regimental, personal or serial number or equivalent information, and date of birth. The identity card may, furthermore, bear the signature or the fingerprints, or both, of the owner, and may bear, as well, any other information the Party to the conflict may wish to add concerning persons belonging to its armed forces. As far as possible the card shall measure 6.5 x 10 cm. and shall be issued in duplicate. The identity card shall be shown by the prisoner of war upon demand, but may in no case be taken away from him. No physical or mental torture, nor any other form of coercion, may be inflicted on prisoners of war to secure from them information of any kind whatever. Prisoners of war who refuse to answer may not be threatened, insulted, or exposed to unpleasant or disadvantageous treatment of any kind. Prisoners of war who, owing to their physical or mental condition, are unable to state their identity, shall be handed over to the medical service. The identity of such prisoners shall be established by all possible means, subject to the provisions of the preceding paragraph. The questioning of prisoners of war shall be carried out in a language which they understand.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 112. Upon the outbreak of hostilities, Mixed Medical Commissions shall be appointed to examine sick and wounded prisoners of war, and to make all appropriate decisions regarding them. The appointment, duties and functioning of these Commissions shall be in conformity with the provisions of the Regulations annexed to the present Convention. However, prisoners of war who, in the opinion of the medical authorities of the Detaining Power, are manifestly seriously injured or seriously sick, may be repatriated without having to be examined by a Mixed Medical Commission.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 89. The disciplinary punishments applicable to prisoners of war are the following: (1) A fine which shall not exceed 50 per cent of the advances of pay and working pay which the prisoner of war would otherwise receive under the provisions of Articles 60 and 62 during a period of not more than thirty days. (2) Discontinuance of privileges granted over and above the treatment provided for by the present Convention. (3) Fatigue duties not exceeding two hours daily. (4) Confinement. The punishment referred to under (3) shall not be applied to officers. In no case shall disciplinary punishments be inhuman, brutal or dangerous to the health of prisoners of war.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 30. Protected persons shall have every facility for making application to the Protecting Powers, the International Committee of the Red Cross, the National Red Cross (Red Crescent, Red Lion and Sun) Society of the country where they may be, as well as to any organization that might assist them. These several organizations shall be granted all facilities for that purpose by the authorities, within the bounds set by military or security considerations. Apart from the visits of the delegates of the Protecting Powers and of the International Committee of the Red Cross, provided for by Article 143, the Detaining or Occupying Powers shall facilitate, as much as possible, visits to protected persons by the representatives of other organizations whose object is to give spiritual aid or material relief to such persons.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 57. The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 47. Reprisals against the wounded, sick and shipwrecked persons, the personnel, the vessels or the equipment protected by the Convention are prohibited.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 23. Establishments ashore entitled to the protection of the Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field of August 12, 1949 shall be protected from bombardment or attack from the sea.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. A.2 (a)
- Paragraph text
- Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (a) that of being commanded by a person responsible for his subordinates;
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. A.2 (b)
- Paragraph text
- Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (b) that of having a fixed distinctive sign recognizable at a distance;
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 109. Subject to the provisions of the third paragraph of this Article, Parties to the conflict are bound to send back to their own country, regardless of number or rank, seriously wounded and seriously sick prisoners of war, after having cared for them until they are fit to travel, in accordance with the first paragraph of the following Article. Throughout the duration of hostilities, Parties to the conflict shall endeavour, with the cooperation of the neutral Powers concerned, to make arrangements for the accommodation in neutral countries of the sick and wounded prisoners of war referred to in the second paragraph of the following Article. They may, in addition, conclude agreements with a view to the direct repatriation or internment in a neutral country of able-bodied prisoners of war who have undergone a long period of captivity. No sick or injured prisoner of war who is eligible for repatriation under the first paragraph of this Article, may be repatriated against his will during hostilities.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 110. The following shall be repatriated direct: (1) Incurably wounded and sick whose mental or physical fitness seems to have been gravely diminished. (2) Wounded and sick who, according to medical opinion, are not likely to recover within one year, whose condition requires treatment and whose mental or physical fitness seems to have been gravely diminished. (3) Wounded and sick who have recovered, but whose mental or physical fitness seems to have been gravely and permanently diminished. The following may be accommodated in a neutral country: (1) Wounded and sick whose recovery may be expected within one year of the date of the wound or the beginning of the illness, if treatment in a neutral country might increase the prospects of a more certain and speedy recovery. (2) Prisoners of war whose mental or physical health, according to medical opinion, is seriously threatened by continued captivity, but whose accommodation in a neutral country might remove such a threat. The conditions which prisoners of war accommodated in a neutral country must fulfil in order to permit their repatriation shall be fixed, as shall likewise their status, by agreement between the Powers concerned. In general, prisoners of war who have been accommodated in a neutral country, and who belong to the following categories, should be repatriated: (1) Those whose state of health has deteriorated so as to fulfil the condition laid down for direct repatriation; (2) Those whose mental or physical powers remain, even after treatment, considerably impaired. If no special agreements are concluded between the Parties to the conflict concerned, to determine the cases of disablement or sickness entailing direct repatriation or accommodation in a neutral country, such cases shall be settled in accordance with the principles laid down in the Model Agreement concerning direct repatriation and accommodation in neutral countries of wounded and sick prisoners of war and in the Regulations concerning Mixed Medical Commissions annexed to the present Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 120. Wills of prisoners of war shall be drawn up so as to satisfy the conditions of validity required by the legislation of their country of origin, which will take steps to inform the Detaining Power of its requirements in this respect. At the request of the prisoner of war and, in all cases, after death, the will shall be transmitted without delay to the Protecting Power; a certified copy shall be sent to the Central Agency. Death certificates, in the form annexed to the present Convention, or lists certified by a responsible officer, of all persons who die as prisoners of war shall be forwarded as rapidly as possible to the Prisoner of War Information Bureau established in accordance with Article 122. The death certificates or certified lists shall show particulars of identity as set out in the third paragraph of Article 17, and also the date and place of death, the cause of death, the date and place of burial and all particulars necessary to identify the graves. The burial or cremation of a prisoner of war shall be preceded by a medical examination of the body with a view to confirming death and enabling a report to be made and, where necessary, establishing identity. The detaining authorities shall ensure that prisoners of war who have died in captivity are honourably buried, if possible according to the rites of the religion to which they belonged, and that their graves are respected, suitably maintained and marked so as to be found at any time. Wherever possible, deceased prisoners of war who depended on the same Power shall be interred in the same place. Deceased prisoners of war shall be buried in individual graves unless unavoidable circumstances require the use of collective graves. Bodies may be cremated only for imperative reasons of hygiene, on account of the religion of the deceased or in accordance with his express wish to this effect. In case of cremation, the fact shall be stated and the reasons given in the death certificate of the deceased. In order that graves may always be found, all particulars of burials and graves shall be recorded with a Graves Registration Service established by the Detaining Power. Lists of graves and particulars of the prisoners of war interred in cemeteries and elsewhere shall be transmitted to the Power on which such prisoners of war depended. Responsibility for the care of these graves and for records of any subsequent moves of the bodies shall rest on the Power controlling the territory, if a Party to the present Convention. These provisions shall also apply to the ashes, which shall be kept by the Graves Registration Service until proper disposal thereof in accordance with the wishes of the home country.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1949
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
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial. Any period spent by a prisoner of war in confinement awaiting trial shall be deducted from any sentence of imprisonment passed upon him and taken into account in fixing any penalty. The provisions of Articles 97 and 98 of this Chapter shall apply to a prisoner of war whilst in confinement awaiting trial.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 5
- Paragraph text
- Art 13. The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (5) Members of crews, including masters, pilots and apprentices, of the merchant marine and the crews of civil aircraft of the Parties to the conflict, who do not benefit by more favourable treatment under any other provisions of international law.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 6
- Paragraph text
- Art 13. The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (6) Inhabitants of a non-occupied territory who, on the approach of the enemy, spontaneously take up arms to resist the invading forces, without having had time to form themselves into regular armed units, provided they carry arms openly and respect the laws and customs of war.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 5. Neutral Powers shall apply by analogy the provisions of the present Convention to the wounded, sick and shipwrecked, and to members of the medical personnel and to chaplains of the armed forces of the Parties to the conflict received or interned in their territory, as well as to dead persons found.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 49. The High Contracting Parties shall communicate to one another through the Swiss Federal Council and, during hostilities, through the Protecting Powers, the official translations of the present Convention, as well as the laws and regulations which they may adopt to ensure the application thereof.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 56. The present Convention shall be ratified as soon as possible and the ratifications shall be deposited at Berne. A record shall be drawn up of the deposit of each instrument of ratification and certified copies of this record shall be transmitted by the Swiss Federal Council to all the Powers in whose name the Convention has been signed, or whose accession has been notified.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 2
- Paragraph text
- Art 35. The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them: (2) The presence on board of apparatus exclusively intended to facilitate navigation or communication.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 104. In any case in which the Detaining Power has decided to institute judicial proceedings against a prisoner of war, it shall notify the Protecting Power as soon as possible and at least three weeks before the opening of the trial. This period of three weeks shall run as from the day on which such notification reaches the Protecting Power at the address previously indicated by the latter to the Detaining Power. The said notification shall contain the following information: (1) Surname and first names of the prisoner of war, his rank, his army, regimental, personal or serial number, his date of birth, and his profession or trade, if any; (2) Place of internment or confinement; (3) Specification of the charge or charges on which the prisoner of war is to be arraigned, giving the legal provisions applicable; (4) Designation of the court which will try the case, likewise the date and place fixed for the opening of the trial. The same communication shall be made by the Detaining Power to the prisoners' representative. If no evidence is submitted, at the opening of a trial, that the notification referred to above was received by the Protecting Power, by the prisoner of war and by the prisoners' representative concerned, at least three weeks before the opening of the trial, then the latter cannot take place and must be adjourned.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 6. In addition to the agreements expressly provided for in Articles 10, 18, 31, 38, 39, 40, 43 and 53, the High Contracting Parties may conclude other special agreements for all matters concerning which they may deem it suitable to make separate provision. No special agreement shall adversely affect the situation of wounded, sick and shipwrecked persons, of members of the medical personnel or of chaplains, as defined by the present Convention, nor restrict the rights which it confers upon them. Wounded, sick and shipwrecked persons, as well as medical personnel and chaplains, shall continue to have the benefit of such agreements as long as the Convention is applicable to them, except where express provisions to the contrary are contained in the aforesaid or in subsequent agreements, or where more favourable measures have been taken with regard to them by one or other of the Parties to the conflict.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 21. The Parties to the conflict may appeal to the charity of commanders of neutral merchant vessels, yachts or other craft, to take on board and care for wounded, sick or shipwrecked persons, and to collect the dead. Vessels of any kind responding to this appeal, and those having of their own accord collected wounded, sick or shipwrecked persons, shall enjoy special protection and facilities to carry out such assistance. They may, in no case, be captured on account of any such transport; but, in the absence of any promise to the contrary, they shall remain liable to capture for any violations of neutrality they may have committed.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 22. Military hospital ships, that is to say, ships built or equipped by the Powers specially and solely with a view to assisting the wounded, sick and shipwrecked, to treating them and to transporting them, may in no circumstances be attacked or captured, but shall at all times be respected and protected, on condition that their names and descriptions have been notified to the Parties to the conflict ten days before those ships are employed. The characteristics which must appear in the notification shall include registered gross tonnage, the length from stem to stern and the number of masts and funnels.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 14. All warships of a belligerent Party shall have the right to demand that the wounded, sick or shipwrecked on board military hospital ships, and hospital ships belonging to relief societies or to private individuals, as well as merchant vessels, yachts and other craft shall be surrendered, whatever their nationality, provided that the wounded and sick are in a fit state to be moved and that the warship can provide adequate facilities for necessary medical treatment.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 5. The present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation. Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy, belong to any of the categories enumerated in Article 4, such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 59. Cash which was taken from prisoners of war, in accordance with Article 18, at the time of their capture, and which is in the currency of the Detaining Power, shall be placed to their separate accounts, in accordance with the provisions of Article 64 of the present Section. The amounts, in the currency of the Detaining Power, due to the conversion of sums in other currencies that are taken from the prisoners of war at the same time, shall also be credited to their separate accounts.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. A.2 (d)
- Paragraph text
- Art 4. A. Prisoners of war, in the sense of the present Convention, are persons belonging to one of the following categories, who have fallen into the power of the enemy: (2) Members of other militias and members of other volunteer corps, including those of organized resistance movements, belonging to a Party to the conflict and operating in or outside their own territory, even if this territory is occupied, provided that such militias or volunteer corps, including such organized resistance movements, fulfil the following conditions: (d) that of conducting their operations in accordance with the laws and customs of war.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 95. A prisoner of war accused of an offence against discipline shall not be kept in confinement pending the hearing unless a member of the armed forces of the Detaining Power would be so kept if he were accused of a similar offence, or if it is essential in the interests of camp order and discipline. Any period spent by a prisoner of war in confinement awaiting the disposal of an offence against discipline shall be reduced to an absolute minimum and shall not exceed fourteen days. The provisions of Articles 97 and 98 of this Chapter shall apply to prisoners of war who are in confinement awaiting the disposal of offences against discipline.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 35. Chaplains who fall into the hands of the enemy Power and who remain or are retained with a view to assisting prisoners of war, shall be allowed to minister to them and to exercise freely their ministry amongst prisoners of war of the same religion, in accordance with their religious conscience. They shall be allocated among the various camps and labour detachments containing prisoners of war belonging to the same forces, speaking the same language or practising the same religion. They shall enjoy the necessary facilities, including the means of transport provided for in Article 33, for visiting the prisoners of war outside their camp. They shall be free to correspond, subject to censorship, on matters concerning their religious duties with the ecclesiastical authorities in the country of detention and with international religious organizations. Letters and cards which they may send for this purpose shall be in addition to the quota provided for in Article 71.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Humanitarian
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 90. The duration of any single punishment shall in no case exceed thirty days. Any period of confinement awaiting the hearing of a disciplinary offence or the award of disciplinary punishment shall be deducted from an award pronounced against a prisoner of war. The maximum of thirty days provided above may not be exceeded, even if the prisoner of war is answerable for several acts at the same time when he is awarded punishment, whether such acts are related or not. The period between the pronouncing of an award of disciplinary punishment and its execution shall not exceed one month. When a prisoner of war is awarded a further disciplinary punishment, a period of at least three days shall elapse between the execution of any two of the punishments, if the duration of one of these is ten days or more.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 1949
Paragraph
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 92. A prisoner of war who attempts to escape and is recaptured before having made good his escape in the sense of Article 91 shall be liable only to a disciplinary punishment in respect of this act, even if it is a repeated offence. A prisoner of war who is recaptured shall be handed over without delay to the competent military authority. Article 88, fourth paragraph, notwithstanding, prisoners of war punished as a result of an unsuccessful escape may be subjected to special surveillance. Such surveillance must not affect the state of their health, must be undergone in a prisoner of war camp, and must not entail the suppression of any of the safeguards granted them by the present Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1949
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
Convention (III) relative to the Treatment of Prisoners of War 1949, para. undefined
- Paragraph text
- Art 139. From the date of its coming into force, it shall be open to any Power in whose name the present Convention has not been signed, to accede to this Convention.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 9. The provisions of the present Convention constitute no obstacle to the humanitarian activities which the International Committee of the Red Cross or any other impartial humanitarian organization may, subject to the consent of the Parties to the conflict concerned, undertake for the protection of wounded, sick and shipwrecked persons, medical personnel and chaplains, and for their relief.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 26. The protection mentioned in Articles 22, 24 and 25 shall apply to hospital ships of any tonnage and to their lifeboats, wherever they are operating. Nevertheless, to ensure the maximum comfort and security, the Parties to the conflict shall endeavour to utilize, for the transport of wounded, sick and shipwrecked over long distances and on the high seas, only hospital ships of over 2,000 tons gross.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 1
- Paragraph text
- Art 13. The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (1) Members of the armed forces of a Party to the conflict, as well as members of militias or volunteer corps forming part of such armed forces.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 3
- Paragraph text
- Art 13. The present Convention shall apply to the wounded, sick and shipwrecked at sea belonging to the following categories: (3) Members of regular armed forces who profess allegiance to a Government or an authority not recognized by the Detaining Power.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. 5
- Paragraph text
- Art 35. The following conditions shall not be considered as depriving hospital ships or sick-bays of vessels of the protection due to them: (5) The transport of equipment and of personnel intended exclusively for medical duties, over and above the normal requirements.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 36. The religious, medical and hospital personnel of hospital ships and their crews shall be respected and protected; they may not be captured during the time they are in the service of the hospital ship, whether or not there are wounded and sick on board.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 1. The High Contracting Parties undertake to respect and to ensure respect for the present Convention in all circumstances.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 62. Subject to imperative reasons of security, protected persons in occupied territories shall be permitted to receive the individual relief consignments sent to them.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 65. The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 17. Wounded, sick or shipwrecked persons who are landed in neutral ports with the consent of the local authorities, shall, failing arrangements to the contrary between the neutral and the belligerent Powers, be so guarded by the neutral Power, where so required by international law, that the said persons cannot again take part in operations of war. The costs of hospital accommodation and internment shall be borne by the Power on whom the wounded, sick or shipwrecked persons depend.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 10. The High Contracting Parties may at any time agree to entrust to an organization which offers all guarantees of impartiality and efficacy the duties incumbent on the Protecting Powers by virtue of the present Convention. When wounded, sick and shipwrecked, or medical personnel and chaplains do not benefit or cease to benefit, no matter for what reason, by the activities of a Protecting Power or of an organization provided for in the first paragraph above, the Detaining Power shall request a neutral State, or such an organization, to undertake the functions performed under the present Convention by a Protecting Power designated by the Parties to a conflict. If protection cannot be arranged accordingly, the Detaining Power shall request or shall accept, subject to the provisions of this Article, the offer of the services of a humanitarian organization, such as the International Committee of the Red Cross, to assume the humanitarian functions performed by Protecting Powers under the present Convention. Any neutral Power, or any organization invited by the Power concerned or offering itself for these purposes, shall be required to act with a sense of responsibility towards the Party to the conflict on which persons protected by the present Convention depend, and shall be required to furnish sufficient assurances that it is in a position to undertake the appropriate functions and to discharge them impartially. No derogation from the preceding provisions shall be made by special agreements between Powers one of which is restricted, even temporarily, in its freedom to negotiate with the other Power or its allies by reason of military events, more particularly where the whole, or a substantial part, of the territory of the said Power is occupied. Whenever, in the present Convention, mention is made of a Protecting Power, such mention also applies to substitute organizations in the sense of the present Article.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 16. Subject to the provisions of Article 12, the wounded, sick and shipwrecked of a belligerent who fall into enemy hands shall be prisoners of war, and the provisions of international law concerning prisoners of war shall apply to them. The captor may decide, according to circumstances, whether it is expedient to hold them, or to convey them to a port in the captor's own country, to a neutral port or even to a port in enemy territory. In the last case, prisoners of war thus returned to their home country may not serve for the duration of the war.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 29. Any hospital ship in a port which falls into the hands of the enemy shall be authorized to leave the said port.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Health
- Humanitarian
- Year
- 1949
Paragraph
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 15. If wounded, sick or shipwrecked persons are taken on board a neutral warship or a neutral military aircraft, it shall be ensured, where so required by international law, that they can take no further part in operations of war.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Humanitarian
- Year
- 1949
Paragraph