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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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Convention on the Reduction of Statelessness 1961, para. 1
- Paragraph text
- 1. A Contracting State shall grant its nationality to a person born in its territory who would otherwise be stateless. Such nationality shall be granted: (a) At birth, by operation of law, or (b) Upon an application being lodged with the appropriate authority, by or on behalf of the person concerned, in the manner prescribed by the national law. Subject to the provisions of paragraph 2 of this article, no such application may be rejected. A Contracting State which provides for the grant of its nationality in accordance with subparagraph (b) of this paragraph may also provide for the grant of its nationality by operation of law at such age and subject to such conditions as may be prescribed by the national law.
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 1961
- Date added
- Aug 19, 2019
Paragraph
Convention on the Reduction of Statelessness 1961, para. 2a
- Paragraph text
- 2. A Contracting State may make the grant of its nationality in accordance with subparagraph (b) of paragraph 1 of this article subject to one or more of the following conditions: (a) That the application is lodged during a period, fixed by the Contracting State, beginning not later than at the age of eighteen years and ending not earlier than at the age of twenty-one years, so, however, that the person concerned shall be allowed at least one year during which he may himself make the application without having to obtain legal authorization to do so;
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 1961
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Torture and other cruel, inhuman or degrading treatment or punishment 1998, para. 9
- Paragraph text
- Takes note of the efforts made by the inter-sessional open-ended working group of the Commission on Human Rights on the elaboration of a draft optional protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which is intended to establish a preventive system of regular visits to places of detention, and urges the Commission to complete as soon as possible a final text for submission to the General Assembly, through the Economic and Social Council, for consideration and adoption;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 1998
- Date added
- Aug 19, 2019
Paragraph
Torture and other cruel, inhuman or degrading treatment or punishment 2013, para. 38
- Paragraph text
- Notes the work of the open-ended intergovernmental expert group on the revision of the Standard Minimum Rules for the Treatment of Prisoners, reiterating that any changes should not lower any existing standards but should improve them so that they reflect recent advances in correctional science and best practices as well as international human rights obligations and commitments, and in this regard acknowledges that the expert group can benefit from the expertise of United Nations entities and other relevant stakeholders;
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Human rights in the administration of justice, in particular juvenile justice 2015, para. 4
- Paragraph text
- Welcoming the adoption of the revised United Nations Standard Minimum Rules for the Treatment of Prisoners (Mandela Rules),
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) 2015, para. 7
- Paragraph text
- Recalling the United Nations standards and norms in crime prevention and criminal justice related to the treatment of prisoners and to alternatives to imprisonment adopted since 1955, in particular the procedures for the effective implementation of the Standard Minimum Rules for the Treatment of Prisoners, the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, the Basic Principles for the Treatment of Prisoners, the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the basic principles on the use of restorative justice programmes in criminal matters,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) 2015, para. 11
- Paragraph text
- Recalling its resolution 65/230 of 21 December 2010, entitled "Twelfth United Nations Congress on Crime Prevention and Criminal Justice", in which it requested the Commission on Crime Prevention and Criminal Justice to establish an open-ended intergovernmental expert group to exchange information on best practices, as well as national legislation and existing international law, and on the revision of existing United Nations standard minimum rules for the treatment of prisoners so that they reflect recent advances in correctional science and best practices,
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) 2015, para. undefined
- Paragraph text
- If, in the course of examining a prisoner upon admission or providing medical care to the prisoner thereafter, health-care professionals become aware of any signs of torture or other cruel, inhuman or degrading treatment or punishment, they shall document and report such cases to the competent medical, administrative or judicial authority. Proper procedural safeguards shall be followed in order not to expose the prisoner or associated persons to foreseeable risk of harm.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Health
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Human rights in the administration of justice, in particular juvenile justice 2011, para. 23
- Paragraph text
- Notes with appreciation the decision to establish an open-ended intergovernmental expert group to exchange information on best practices, as well as on national legislation and existing international law, and on the revision of existing United Nations standard minimum rules for the treatment of prisoners so that they reflect recent advances in correctional science and best practices, with a view to making recommendations to the Commission on Crime Prevention and Criminal Justice on possible next steps, and, in this regard, invites the expert group to benefit from the expertise of the Office of the High Commissioner and other relevant stakeholders;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The promotion and protection of human rights in the context of peaceful protests 2012, para. 5
- Paragraph text
- Recalls that States have the responsibility, including in the context of peaceful protests, to promote and protect human rights and to prevent human rights violations, in particular extrajudicial, summary or arbitrary executions, arbitrary arrest and detention, enforced disappearances, and torture and other cruel, inhuman or degrading treatment or punishment, and calls upon States to avoid the abuse of criminal and civil proceedings or threats of such acts at all times;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The promotion and protection of human rights in the context of peaceful protests 2013, para. 2
- Paragraph text
- Recalls that States have the responsibility, including in the context of peaceful protests, to promote and protect human rights and to prevent human rights violations, in particular extrajudicial, summary or arbitrary executions, arbitrary arrest and detention, enforced disappearances, and torture and other cruel, inhuman or degrading treatment or punishment, and calls upon States to avoid the abuse of criminal and civil proceedings or threats of such acts at all times;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Protecting human rights defenders 2013, para. 10c
- Paragraph text
- [Further calls upon States to ensure that measures to combat terrorism and preserve national security:] Prohibit and do not provide for, or have the effect of, subjecting persons to arbitrary detention, such as detention without due process guarantees, the deprivation of liberty that amounts to placing a detained person outside the protection of the law, or the illegal deprivation of liberty and transfer of individuals suspected of terrorist activities, nor the unlawful deprivation of the right to life or the trial of suspects without fundamental judicial guarantees;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
The promotion and protection of human rights in the context of peaceful protests 2014, para. 2
- Paragraph text
- Recalls that States have the responsibility, including in the context of peaceful protests, to promote and protect human rights and to prevent human rights violations, including extrajudicial, summary or arbitrary executions, arbitrary arrest and detention, enforced disappearances and torture and other cruel, inhuman or degrading treatment or punishment, and calls upon States to avoid the abuse of criminal and civil proceedings or threats of such acts at all times;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Civil society space 2014, para. 4
- Paragraph text
- Recalling also all Human Rights Council resolutions relevant to creating and maintaining civil society space, inter alia, resolutions 12/16 of 2 October 2009, on freedom of opinion and expression, 21/16 of 27 September 2012, on the rights to freedom of peaceful assembly and of association, 22/6 of 21 March 2013, on protecting human rights defenders, 24/8 of 26 September 2013, on equal political participation, 24/21 of 27 September 2013, on civil society space: creating and maintaining, in law and in practice, a safe and enabling environment, 24/24 of 27 September 2013, on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, 25/38 of 28 March 2014, on the promotion and protection of human rights in the context of peaceful protests, and 26/13 of 26 June 2014, on the promotion, protection and enjoyment of human rights on the Internet,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Equal participation in political and public affairs 2014, para. 4i
- Paragraph text
- [Notes with appreciation the study on the factors that impede equal political participation and steps to overcome those challenges, prepared by the Office of the United Nations High Commissioner for Human Rights, and urges all States to consider, as appropriate, the conclusions and recommendations of the study, and to ensure the full, effective and equal participation of all citizens in political and public affairs, including by, inter alia:] Creating a safe and enabling environment for human rights defenders and civil society organizations who, together with other actors, play a key role in the effective promotion and protection of all human rights;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Civil society space 2016, para. 9
- Paragraph text
- Gravely concerned that, in many countries, persons and organizations engaged in promoting and defending human rights and fundamental freedoms frequently face threats, harassment and attacks and suffer insecurity as a result of those activities, including through restrictions on freedom of association or expression or the right to peaceful assembly, or abuse of criminal or civil proceedings, or deplorable acts of intimidation and reprisal intended to prevent their cooperation with the United Nations and other international bodies in the field of human rights,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules) 2015, para. 2
- Paragraph text
- If an untried prisoner does not have a legal adviser of his or her own choice, he or she shall be entitled to have a legal adviser assigned to him or her by a judicial or other authority in all cases where the interests of justice so require and without payment by the untried prisoner if he or she does not have sufficient means to pay. Denial of access to a legal adviser shall be subject to independent review without delay.
- Body
- United Nations General Assembly
- Document type
- Resolution
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Year
- 2015
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph