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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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 61. The distribution of the relief consignments referred to in the foregoing Articles shall be carried out with the cooperation and under the supervision of the Protecting Power. This duty may also be delegated, by agreement between the Occupying Power and the Protecting Power, to a neutral Power, to the International Committee of the Red Cross or to any other impartial humanitarian body. Such consignments shall be exempt in occupied territory from all charges, taxes or customs duties unless these are necessary in the interests of the economy of the territory. The Occupying Power shall facilitate the rapid distribution of these consignments. All Contracting Parties shall endeavour to permit the transit and transport, free of charge, of such relief consignments on their way to occupied territories.
- Body
- International Committee of the Red Cross
- Document type
- International treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Year
- 1949
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
ICED - International Convention for the Protection of all Persons from Enforced Disappearance 2006, para. 1
- Paragraph text
- 1. A Committee on Enforced Disappearances (hereinafter referred to as "the Committee") shall be established to carry out the functions provided for under this Convention. The Committee shall consist of ten experts of high moral character and recognized competence in the field of human rights, who shall serve in their personal capacity and be independent and impartial. The members of the Committee shall be elected by the States Parties according to equitable geographical distribution. Due account shall be taken of the usefulness of the participation in the work of the Committee of persons having relevant legal experience and of balanced gender representation.
- Body
- United Nations General Assembly
- Document type
- International treaty
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2006
- Date added
- Aug 19, 2019
Paragraph
American Convention on Human Rights 1969, para. 9
- Paragraph text
- 9. The collective expulsion of aliens is prohibited.
- Body
- Organization of American States
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 1969
- Date added
- Aug 19, 2019
Paragraph
Torture and other cruel, inhuman or degrading treatment or punishment 2008, para. 6
- Paragraph text
- Acknowledging the adoption of the International Convention for the Protection of All Persons from Enforced Disappearances by the General Assembly in its resolution 61/177 of 20 December 2006, as well as Council resolution 7/26 on the International Convention for the Protection of All Persons from Enforced Disappearances, and recognizing that the entry into force of the Convention, as soon as possible, through its ratification by 20 States, and its implementation will make a significant contribution to the prevention of torture, including through prohibiting places of secret detention,
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2008
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 83
- Paragraph text
- [The Special Rapporteur perceives a crucial need for States, donors, international agencies and civil society to work collaboratively together, as substantial movement and migration across national borders will continue to define our globalized world. Their joint aim should be to build and sustain cohesive and resilient communities able to adapt in response to change. To this end, the Special Rapporteur recommends that exchange of good practice is increased and, at a minimum, all should look to:] • Pay increased attention to quality linguistic and culturally appropriate early childhood, primary, post-primary and tertiary education that is responsive to the developmental needs of a region and the value of regional understanding and tolerance.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 46
- Paragraph text
- A human rights activist from Malaysia noted that in his country he felt that there are no "good" or "bad" experiences in dealing with multilateral institutions; there are simply "no experiences". The lack of a local presence means that power and access remains concentrated at headquarters - many located in North America and Western Europe, two of the world's regions for which it is most difficult to obtain visas. Efforts to bridge this geographic gap have been mixed. In this regard, the Special Rapporteur encourages the increased use of information technology and the creation of independent grant schemes to fund a more diverse array of civil society organizations to participate in multilateral consultations and events.
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 30
- Paragraph text
- States should work with settlement communities to recognize and secure their tenure arrangements (both in situ or in preparation for resettlement). Relevant authorities should facilitate people-driven settlement mapping and enumerations to gather settlement and household data, using both oral and written evidence. States should encourage and enable community organization and mobilization throughout this process, and remove any impediments to freedom of assembly and association. Any community-level negotiation with the State should only occur through legitimate representatives of the community. All relevant actors should ensure that marginalized groups within the community meaningfully participate in the process. The participation of such groups, including tenants, whose rights and interests are often ignored, should be supported.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Guiding Principles on security of tenure for the urban poor 2014, para. 43
- Paragraph text
- Audits of unused land and housing and assessments of housing needs. An audit of unused and underutilized land, housing and buildings, both public and private, should be conducted concurrently with an assessment of the housing needs of the urban poor, including homeless persons, with the objective of matching availability with spatial needs. The assessment of current and anticipated housing needs should take into account patterns of urbanization and trends in migration, population growth and ageing. In South Africa, for example, the City of Cape Town was ordered by the High Court to conduct an audit of unused land plots to accommodate people facing eviction.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Poverty
- Social & Cultural Rights
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Labour exploitation of migrants 2014, para. 80
- Paragraph text
- Ensure that all workers receive a contract in a language they understand, and that they are protected against contract substitution. Ensure that the contract signed by the worker in their home country is respected in the destination country, and that the work they perform is in accordance with their contract. Bilateral agreements between countries of origin and destination should strengthen human rights protection, and include a model contract which sets out the rights of the worker, including working conditions, and salary. Use certified recruitment agencies, and ensure that they do not work with non-registered sub-agencies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
The human rights situation of Roma worldwide, with a particular focus on the phenomenon of anti-Gypsyism 2015, para. 23
- Paragraph text
- The protection and promotion of Roma identity means that States have the obligation not only to protect Roma from forced assimilation, but must adopt positive measures that promote the distinctive characteristics of Roma culture, including language, history and tradition. That should be achieved through financial and technical assistance to preserve the Romani language, art, poetry, dance, music and traditions, including their promotion through the media. Roma history and the cultural contribution of Roma must also be recognized and taught in school curricula. In that regard, Roma must be given opportunities for self-interpretation and self-representation.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Minorities in situations of humanitarian crises 2016, para. 27
- Paragraph text
- The Special Rapporteur also includes disasters in her report, whether natural or man-made (see section H below). Defined as calamitous events that seriously disrupt the functioning of a community or society, disasters cause human, material and economic or environmental losses that exceed the community's or society's ability to cope using its own resources. These can be a result of spontaneous natural hazards, such as hurricanes, tsunamis, earthquakes, volcanic eruptions, and wildfires, or be a result of more frequent slow-onset and mega disasters such as recurring droughts or floods. Disasters can result in the devastation of communities, loss of lives, leading to displacement, or migration, and can also lead to more complex emergencies such as loss of livelihoods, famine, housing crises and medical pandemics, which can also lead to mass displacement.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 70
- Paragraph text
- Administrative detention should not be applied as a punitive measure for violations of immigration laws and regulations, as those violations should not be considered criminal offences.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 46
- Paragraph text
- Certain countries of origin have notably deemed it impossible to ensure probity in intercountry adoptions under the prevailing conditions and in the face of pressure from receiving countries, and have responded in a variety of ways. For instance, Paraguay has decided to apply strictly the principle of subsidiarity after ratifying the 1993 Hague Convention; since then, it has deemed it unnecessary to process intercountry adoptions. Several African countries (e.g. Lesotho, Liberia and Togo) have also found it necessary to suspend intercountry adoptions in order to attempt to resolve serious malpractice. For their part, receiving countries may decide to impose moratoriums on specific countries of origin in the light of evidence that widespread irregularities have been taking place. This has been decided in the cases of Cambodia, Ethiopia, Guatemala, Haiti, India, Nepal and Uganda.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Study on illegal adoptions 2017, para. 74
- Paragraph text
- The 1993 Hague Convention allows adoption agencies to play a key role in mediating intercountry adoptions. It requires that they be accredited by the receiving country and authorized by the country of origin to operate in that country. An agency accredited to mediate intercountry adoptions should employ a sufficiently large multidisciplinary team of professional staff for its operations. Accredited bodies should be supervised by a competent authority at least as regards "their composition, operation and financial situation", including the regular monitoring of their websites "to examine the quality, accuracy and currency of their information".
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Challenges and lessons in combating contemporary forms of slavery 2013, para. 61
- Paragraph text
- Consumer-based initiatives and public awareness campaigns have also begun to focus on contemporary forms of slavery. The International Organization for Migration "Buy Responsibly" campaign looks at consumer products like cocoa, coffee, sugar and shrimp, and identifies how each of these can be linked to forced labour in global supply chains. The Slavery Footprint campaign personalizes modern-day slavery by asking consumers "how many slaves work for you?" It raises awareness about the effects of each person's consumption, including products such as electronics, food, apparel and other household items. Finally, the Free2Work application for mobile phones provides consumers with information about specific products and how they relate to modern-day slavery. It rates companies based on their anti-slavery commitments, assigning them a letter grade from "A" to "F" to inform consumers and promote ethical consumerism.
- Body
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 39
- Paragraph text
- The European Court has consistently held that the absolute nature of the prohibition on torture and other ill-treatment implies a positive obligation not to send individuals to States where they face a real risk of prohibited treatment (Saadi v. Italy). A State's responsibility is engaged whenever its agents fail to take reasonable steps to avoid a risk of ill-treatment about which they knew or ought to have known at the time of transfer (Abu Zubaydah v. Poland). The Committee against Torture similarly has found that State decisions to expel or render individuals to places where they face a real risk of ill-treatment breaches the Convention (P. E. v. France).
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 41
- Paragraph text
- States should provide trafficked persons with temporary residence permits during the duration of any legal proceedings on an unconditional basis. States should also provide trafficked persons with temporary or permanent residence permits on social and humanitarian grounds, where a safe return to the country of origin is not guaranteed or a return would not otherwise be in the best interests of the trafficked person for reasons related to his or her personal circumstances, such as the loss of citizenship or cultural and social identity in the country of origin.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to an effective remedy for trafficked persons 2011, para. 25
- Paragraph text
- Article 6, paragraph 3, of the Palermo Protocol requires States to "consider implementing measures to provide for the physical, psychological and social recovery" of trafficked persons and sets out some such measures, including: "(a) Appropriate housing; (b) Counselling and information, in particular as regards their legal rights, in a language that the victims of trafficking in persons can understand; (c) Medical, psychological and material assistance; and (d) Employment, educational and training opportunities". While according to the legislative guide for the implementation of the Palermo Protocol ("the Legislative Guide"), this provision was not rendered mandatory due to the varying level of socio-economic development or availability of resources in different States, it should be read in conjunction with the purposes of the Palermo Protocol, which include "to protect and assist the victims of such trafficking, with full respect for their human rights" (art. 2) to imply obligations of States parties to implement these measures to the maximum of their available resources.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The issue of human trafficking in supply chains 2012, para. 21
- Paragraph text
- Other States have established national certification or labelling systems integrating measures to combat trafficking and forced labour. In Argentina, for example, the National Institute of Industrial Technology recently established a comprehensive national certification system for companies in the textile industry, whereby it offers a certificate of quality to firms that refrain from using forced labour and provide their employees with decent working conditions and social security coverage. The certified companies are eligible to bid on State textile contracts, such as for military uniforms. In a similar vein, in the Plurinational State of Bolivia, the Bolivian Institute of Foreign Trade, in coordination with the Ministry of Labour, Employment and Social Security, awards a triple seal, or certification, to companies that have demonstrated the prohibition of child labour, forced labour and discrimination throughout the production chain.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph