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African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall ensure that the process of amendment or revision of their constitution reposes on national consensus, obtained if need be, through referendum.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall protect the right to equality before the law and equal protection by the law as a fundamental precondition for a just and democratic society.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall commit themselves to promote democracy, the principle of the rule of law and human rights.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall establish public institutions that promote and support democracy and constitutional order.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall ensure that the independence or autonomy of the said institutions is guaranteed by the constitution.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall ensure that these institutions are accountable to competent national organs.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall promote citizen participation in the development process through appropriate structures.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Strengthening the functioning and effectiveness of parliaments;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: An independent judiciary;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Consolidating sustainable multiparty political systems;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Ensure fair and equitable access by contesting parties and candidates to state controlled media during elections.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any refusal by an incumbent government to relinquish power to the winning party or candidate after free, fair and regular elections; or
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any amendment or revision of the constitution or legal instruments, which is an infringement on the principles of democratic change of government.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Promoting the development of the private sector through, inter alia, enabling legislative and regulatory framework;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- In conformity with applicable provisions of the Constitutive Act and the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, the Assembly and the Peace and Security Council shall determine the appropriate measures to be imposed on any State Party that violates this Charter.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Committed to promote the universal values and principles of democracy, good governance, human rights and the right to development;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Cognizant of the historical and cultural conditions in Africa;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall take measures to ensure and maintain political and social dialogue, as well as public trust and transparency between political leaders and the people, in order to consolidate democracy and peace.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall promote solidarity amongst Member States and support the conflict prevention and resolution initiatives that the Union may undertake in conformity with the Protocol establishing the Peace and Security Council.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall implement policies and strategies to protect the environment to achieve sustainable development for the benefit of the present and future generations. In this regard, State Parties are encouraged to accede to the relevant treaties and other international legal instruments.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 8
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Entrenching and respecting the principle of the rule of law.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall cooperate at regional and continental levels in building and consolidating democracy through exchange of experiences.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall undertake to provide and enable access to basic social services to the people.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Relevant reforms of public institutions including the security sector;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Improving public sector management;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- The Chairperson of the Commission shall first send an exploratory mission during the period prior to elections. This mission shall obtain any useful information and documentation, and brief the Chairperson, stating whether the necessary conditions have been established and if the environment is conducive to the holding of transparent, free and fair elections in conformity with the principles of the Union governing democratic elections.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- Electoral observer missions shall be conducted by appropriate and competent experts in the area of election monitoring, drawn from continental and national institutions such as, but not limited to, the Pan- African Parliament, national electoral bodies, national legislatures and eminent persons taking due cognizance of the principles of regional representation and gender equality.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall take all necessary measures to strengthen the Organs of the Union that are mandated to promote and protect human rights and to fight impunity and endow them with the necessary resources.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall eliminate all forms of discrimination, especially those based on political opinion, gender, ethnic, religious and racial grounds as well as any other form of intolerance.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall promote a culture of respect, compromise, consensus and tolerance as a means to mitigate conflicts, promote political stability and security, and to harness the creative energies of the African peoples.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall adopt and implement policies, strategies and programmes required to generate productive employment, mitigate the impact of diseases and alleviate poverty and eradicate extreme poverty and illiteracy.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Reaffirming our collective will to work relentlessly to deepen and consolidate the rule of law, peace, security and development in our countries;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Effective and efficient public sector management;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall create a conducive environment for independent and impartial national monitoring or observation mechanisms.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- Perpetrators of unconstitutional change of government may also be tried before the competent court of the Union.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 8
- Paragraph text
- State Parties shall not harbour or give sanctuary to perpetrators of unconstitutional changes of government.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 7
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Organising regular, free and fair elections; and
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- When the Peace and Security Council observes that there has been an unconstitutional change of government in a State Party, and that diplomatic initiatives have failed, it shall suspend the said State Party from the exercise of its right to participate in the activities of the Union in accordance with the provisions of articles 30 of the Constitutive Act and 7 (g) of the Protocol. The suspension shall take effect immediately.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. c
- Paragraph text
- The Commission shall: Coordinate evaluation on implementation of the Charter with other key organs of the Union including the Pan-African Parliament, the Peace and Security Council, the African Human Rights Commission, the African Court of Justice and Human Rights, the Economic, Social and Cultural Council, the Regional Economic Communities and appropriate national- level structures.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Given the enduring and vital role of traditional authorities, particularly in rural communities, the State Parties shall strive to find appropriate ways and means to increase their integration and effectiveness within the larger democratic system.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Recognising the contributions of the African Union and Regional Economic Communities to the promotion, nurturing, strengthening and consolidation of democracy and governance;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Guided by our common mission to strengthen and consolidate institutions for good governance, continental unity and solidarity;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Concerned about the unconstitutional changes of governments that are one of the essential causes of insecurity, instability and violent conflict in Africa;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall take all appropriate measures to ensure constitutional rule, particularly constitutional transfer of power.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall respect ethnic, cultural and religious diversity, which contributes to strengthening democracy and citizen participation.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties undertake to design and implement social and economic policies and programmes that promote sustainable development and human security.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall decentralize power to democratically elected local authorities as provided in national laws.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Ensure that there is a binding code of conduct governing legally recognized political stakeholders, government and other political actors prior, during and after elections. The code shall include a commitment by political stakeholders to accept the results of the election or challenge them in through exclusively legal channels.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Accountable, efficient and effective public administration;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 9
- Paragraph text
- State Parties shall bring to justice the perpetrators of unconstitutional changes of government or take necessary steps to effect their extradition.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Harmonious relationships in society including civil-military relations;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any replacement of a democratically elected government by armed dissidents or rebels.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- The perpetrators of unconstitutional change of government shall not be allowed to participate in elections held to restore the democratic order or hold any position of responsibility in political institutions of their State.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall promote peace, security and stability in their respective countries, regions and in the continent by fostering participatory political systems with well-functioning and, if need be, inclusive institutions;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Establish and strengthen independent and impartial national electoral bodies responsible for the management of elections.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- The Assembly shall impose sanctions on any Member State that is proved to have instigated or supported unconstitutional change of government in another state in conformity with Article 23 of the Constitutive Act.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall take legislative and regulatory measures to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall cooperate with each other to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Improving efficiency and effectiveness of public services and combating corruption;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- Each State Party shall guarantee conditions of security, free access to information, non-interference, freedom of movement and full cooperation with the electoral observer mission.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 7
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Development and utilisation of information and communication technologies;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 9
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Harnessing the democratic values of the traditional institutions; and
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Equitable allocation of the nation’s wealth and natural resources;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Economic Rights
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall strengthen and institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of democracy and constitutional order.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Seeking to entrench in the Continent a political culture of change of power based on the holding of regular, free, fair and transparent elections conducted by competent, independent and impartial national electoral bodies;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- The objectives of this Charter are to: Promote the holding of regular free and fair elections to institutionalize legitimate authority of representative government as well as democratic change of governments;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall ensure that citizens enjoy fundamental freedoms and human rights taking into account their universality, interdependence and indivisibility.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Fostering popular participation and partnership with civil society organizations;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 13
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: An efficient and effective tax system premised upon transparency and accountability.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Undertaking regular reforms of the legal and justice systems;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Determined to promote and strengthen good governance through the institutionalization of transparency, accountability and participatory democracy;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- HAVE AGREED AS FOLLOWS:
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall entrench the principle of the supremacy of the constitution in the political organization of the State.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- Electoral observer missions shall be conducted in an objective, impartial and transparent manner.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- A copy of the report shall be submitted to the State Party concerned within a reasonable time.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Promoting transparency in public finance management;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Preventing and combating corruption and related offences;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Prudent and sustainable utilization of public resources;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 11
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Preventing and combating crime;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
African Youth Charter 2006, para. b
- Paragraph text
- GUIDED by the vision, hopes and aspirations of the African Union, inclusive of Africa's integration, the inherent dignity and inalienable rights afforded to all members of the human family as set out in the United Nations Universal Declaration of Human Rights (1948), the International Covenant of Civil and Political Rights (1976) and the International Covenant on Economic, Social and Cultural Rights (1976), and articulated for the African peoples through the African Charter on Human and People's Rights (1986);
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2006
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any putsch or coup d’Etat against a democratically elected government.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties undertake to implement programmes and carry out activities designed to promote democratic principles and practices as well as consolidate a culture of democracy and peace. To this end, State Parties shall: Promote good governance by ensuring transparent and accountable administration.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Establish and strengthen national mechanisms that redress election- related disputes in a timely manner.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 8
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Promoting freedom of expression, in particular freedom of the press and fostering a professional media;
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall ensure systematic and comprehensive civic education in order to encourage full participation of social groups with special needs in democracy and development processes.
- Body
- African Union
- Document type
- Regional treaty
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2007
Paragraph
Health, morbidity, mortality and development 2010, para. 21
- Paragraph text
- Urges Governments to develop and put into effect comprehensive and integrated illicit drug demand reduction policies, programmes and legal frameworks, including prevention and care in the health-care and social services, from primary prevention to early intervention to treatment and to rehabilitation and social reintegration, and in related support services, aimed at promoting health and social well-being, aiming to effectively reduce the direct and indirect adverse consequences of illicit drug abuse for individuals and all societies as a whole, in compliance with the three international drug control conventions and in accordance with national legislation;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 11
- Paragraph text
- Recalling that health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Fertility, reproductive health and development 2011, para. 14
- Paragraph text
- Recognizing that the ultimate goal is the improvement of the quality of life of present and future generations, that the objective is to facilitate the demographic transition, as soon as possible, in countries where there is an imbalance between demographic rates and social, economic and environmental goals, while fully respecting human rights, and that this process will contribute to the stabilization of the world population and, together with changes in unsustainable patterns of production and consumption, to sustainable development and economic growth,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Environment
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2011
Paragraph
Fertility, reproductive health and development 2011, para. 33
- Paragraph text
- Further underlines the need of people living in situations of armed conflict and foreign occupation for a functioning public-health system, including access to health care and services;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Fertility, reproductive health and development 2011, para. 25
- Paragraph text
- Urges Governments to strengthen basic infrastructure, human and technical resources and the provision of health facilities in order to improve health systems and ensure the accessibility, affordability and quality, especially in rural and remote areas, of health-care services, as well as sustainable access to safe drinking water and basic sanitation, bearing in mind the commitment to halving, by 2015, the proportion of the population without sustainable access to safe drinking water and basic sanitation as a means of fighting waterborne diseases;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 2
- Paragraph text
- Also reaffirms the sovereign right of each country to implement the recommendations of the Programme of Action or other proposals in the present resolution, consistent with national laws and development priorities, with full respect for the various religious and ethical values and cultural backgrounds of its people, and in conformity with universally recognized international human rights;
- Body
- Commission on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2014
Paragraph
Health, morbidity, mortality and development 2010, para. 25
- Paragraph text
- Noting the increase in the prevalence of non-communicable diseases including, inter alia, cardiovascular diseases, chronic respiratory diseases, cancer and diabetes, in all countries and the developmental challenges posed by it, and recognizing the importance of reducing the prevalence of major risk factors for non communicable diseases including, inter alia, tobacco use, harmful use of alcohol where its consumption is not against the law, abuse of narcotic drugs and psychotropic substances including amphetamine-type stimulants, unhealthy diets, obesity and lack of physical activity, as identified in the 2008-2013 Action Plan for the Global Strategy for the Prevention and Control of Non-Communicable Diseases of the World Health Organization,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 5
- Paragraph text
- Reaffirms the values and principles of primary health care, including equity, solidarity, social justice, universal access to services, multisectoral action, transparency, accountability and community participation and empowerment, as the basis for strengthening health systems, recalls in this regard the Declaration of Alma-Ata, and recognizes the importance of providing comprehensive primary health-care services, including health promotion and universal access to disease prevention, curative care, palliative care and rehabilitation that are integrated and coordinated according to needs, while ensuring effective referral systems;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 18
- Paragraph text
- Stresses the need to sustain and strengthen progress made in combating tuberculosis and malaria and developing innovative strategies for tuberculosis and malaria prevention, detection and treatment, including strategies to treat co infection of tuberculosis with HIV, multidrug resistant tuberculosis and extensively drug-resistant tuberculosis, including through ensuring the availability of affordable, good-quality and effective medicines and equipment;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 25
- Paragraph text
- Further underlines the need of people living in situations of armed conflict and foreign occupation for a functioning public-health system, including access to health care and services;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2010
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. 8
- Paragraph text
- Also urges States to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage and to raise the minimum age for marriage where necessary;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2009
Paragraph
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 16
- Paragraph text
- Recognizing that health is a precondition for economic and social development, and aware that sexual and reproductive health and reproductive rights are central to the realization of social justice and to the achievement of global, regional and national commitments for sustainable development,
- Body
- Commission on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- 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. 5
- Paragraph text
- Also calls upon Governments, in cooperation with the international community, to reaffirm their commitment to promote an enabling environment to achieve sustained economic growth in the context of sustainable development and to eradicate poverty, with a special emphasis on gender, reducing the debt burden and ensuring that structural adjustment programmes are responsive to social, economic and environmental concerns in order to achieve the Programme of Action of the International Conference on Population and Development, the Beijing Platform for Action and the Millennium Development Goals;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Environment
- Gender
- Governance & Rule of Law
- Poverty
- Person(s) affected
- All
- N.A.
- Year
- 2009
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. 12
- Paragraph text
- Urges Governments to strengthen international cooperation in order to assist in the development of human resources for health through technical assistance and training, as well as to increase universal access to health services, including in remote and rural areas, taking into account the challenges faced by developing countries in the retention of skilled health personnel;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2009
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. 17
- Paragraph text
- Urges Governments to scale up significantly efforts towards achieving the goal of universal access to comprehensive HIV/AIDS prevention programmes, treatment, care and support by 2010, and the goal to halt and reverse the spread of HIV/AIDS by 2015;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 15
- Paragraph text
- Acknowledging the importance of sustainable integrated urban development in order to respond effectively to the growth of urban populations, while also recognizing that a significant portion of the world's poor live in rural areas and that rural communities play an important role in the economic development of many countries,
- Body
- Commission on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Poverty
- Person(s) affected
- All
- 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. 30
- Paragraph text
- Decides that, with the agreement and consent of the host country, the United Nations development system should assist national Governments in creating an enabling environment in which the links and cooperation between national Governments, the United Nations development system, civil society, national non governmental organizations and private sector entities that are involved in the development process are strengthened, including, as appropriate, during the preparation process of the United Nations Development Assistance Framework, with a view to seeking new and innovative solutions to development problems in accordance with national policies;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 6
- Paragraph text
- Recognizing also that the right to development is a universal and inalienable right and an integral part of fundamental human rights, that the human person is the central subject of development, 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 and that the right to development must be fulfilled so as to equitably meet the population, development and environment needs of present and future generations,
- Body
- Commission on Population and Development
- Document type
- Declaration / Confererence outcome document
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2014
Paragraph
Health, morbidity, mortality and development 2010, para. 6
- Paragraph text
- Recognizes traditional medicine as one of the resources of primary health-care services which could contribute to improved health-care services leading to improved health outcomes, including those targeted in the Millennium Development Goals, and urges States, in accordance with national capacities, priorities, relevant legislation and circumstances, to respect and preserve the knowledge of traditional medicine, treatments and practices, appropriately based on the circumstances in each country, and on evidence of safety, efficacy and quality;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 9
- Paragraph text
- Emphasizes the need to increase the accessibility, availability, acceptability and affordability of health-care services and facilities to all people in accordance with national commitments to provide access to basic health care for all, as well as the need to increase the healthy lifespan and improve the quality of life of all people, and to reduce disparities in life expectancy between and within countries;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 7
- Paragraph text
- Welcoming also the Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem, adopted at the high-level segment of the fifty-second session of the Commission on Narcotic Drugs, held in Vienna from 11 to 20 March 2009,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Fertility, reproductive health and development 2011, para. 22
- Paragraph text
- Urges Member States to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage, and to raise the minimum age for marriage where necessary;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Health, morbidity, mortality and development 2010, para. 20
- Paragraph text
- Also urges Governments to give increased attention to the prevention and control of non-communicable diseases, further taking into account the social and environmental determinants of non-communicable diseases by, inter alia, taking action to implement the World Health Organization Global Strategy for the Prevention and Control of Non-Communicable Diseases and its related Action Plan;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Environment
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 22
- Paragraph text
- Recognizing further that the emergence of non-communicable diseases is imposing a heavy burden on society, one with serious social and economic consequences, and that there is a need to respond to cardiovascular diseases, cancers, diabetes and chronic respiratory diseases, which represent a leading threat to human health and development,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 24
- Paragraph text
- Reaffirming that good public health is better achieved through a combination of good public health policies, including multisectoral policies that stress better nutrition, safe drinking water, hygiene, sanitation and sustainable urbanization and that effectively combat major risk factors,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2010
Paragraph
Fertility, reproductive health and development 2011, para. 36
- Paragraph text
- Encourages Governments to ensure that adequate financial and technical resources and information necessary for the effective participation of non governmental organizations in the research, design, implementation, monitoring and evaluation of population and development activities should, if feasible and if requested, be made available to the non-governmental sector by Governments, intergovernmental organizations and international financial institutions in a manner that will not compromise their full autonomy;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
Health, morbidity, mortality and development 2010, para. 20
- Paragraph text
- Recognizing that communicable diseases, which have been prioritized by the Millennium Development Goals, such as HIV/AIDS, malaria and tuberculosis, as well as other communicable diseases and neglected tropical diseases, pose severe risks for the entire world and serious challenges to the achievement of development goals,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Health, morbidity, mortality and development 2010, para. 35
- Paragraph text
- Reaffirms the need to develop, make use of, improve and strengthen national health information systems and research capacity with, as appropriate, the support of international cooperation, in order to measure the health of national populations on the basis of disaggregated data, including by age and sex, so that, inter alia, health inequities can be detected and the impact of policies on health equity measured;
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Health
- Person(s) affected
- All
- Year
- 2010
Paragraph
Fertility, reproductive health and development 2011, para. 8
- Paragraph text
- Recognizing the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, their right to attain the highest standard of sexual and reproductive health, and their right to make decisions concerning reproduction free of discrimination, coercion and violence, as expressed in human rights documents,
- Body
- Commission on Population and Development
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Children
- Year
- 2011
Paragraph
Ending female genital mutilation 2007, para. 4
- Paragraph text
- Urges States to condemn all harmful traditional practices, in particular female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
Ending female genital mutilation 2008, para. 11
- Paragraph text
- Welcoming the report of the Secretary-General on ending female genital mutilation and the recommendations contained therein,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Ending female genital mutilation 2010, para. 15
- Paragraph text
- Concerned about evidence of increased carrying out of female genital mutilation by medical personnel in all regions in which it is practised,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Year
- 2010
Paragraph
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 2a
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Establish and/or strengthen, where appropriate, legislation and regulations against all forms of racism, racial discrimination, xenophobia and related intolerance, including their gender-based manifestations;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2001
Paragraph
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 2b
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Condemn all forms of racism and racial discrimination, including propaganda, activities and organizations based on doctrines of superiority of one race or group of persons that attempts to justify or promote racism or racial discrimination in any form;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2001
Paragraph
Equal pay for equal work and work of equal value 1994, para. 2a
- Paragraph text
- [Calls upon Governments:] (a) To take appropriate legislative action;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1994
Paragraph
Ending female genital mutilation 2007, para. 14
- Paragraph text
- Urges States to allocate sufficient resources to the implementation of legislation and action plans aimed at abandoning female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
Ending female genital mutilation 2007, para. 17
- Paragraph text
- Encourages all decision makers, at all levels, with responsibilities for policies, legislation, programmes and allocation of public resources to play leadership roles in eliminating female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
Ending female genital mutilation 2008, para. 18
- Paragraph text
- Encourages all decision makers, at all levels, with responsibilities for policies, legislation, programmes and allocation of public resources to play leadership roles in eliminating female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2008
Paragraph
Ending female genital mutilation 2008, para. 4
- Paragraph text
- Urges States to condemn all harmful traditional practices, in particular female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Ending female genital mutilation 2008, para. 15
- Paragraph text
- Urges States to allocate sufficient resources to the implementation of legislation and action plans aimed at abandoning female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Integrating a gender perspective in post-disaster relief, recovery, rehabilitation and reconstruction efforts, including in the aftermath of the Indian Ocean tsunami disaster 2005, para. 10
- Paragraph text
- Welcoming the response, support and assistance by the affected countries and the international community in the relief, recovery, rehabilitation and reconstruction efforts, which reflect the spirit of national as well as international solidarity and cooperation in addressing the recent tsunami disaster and other disasters,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Humanitarian
- Person(s) affected
- All
- Persons on the move
- Year
- 2005
Paragraph
Equal pay for equal work and work of equal value 1994, para. 3
- Paragraph text
- Recalling the Equal Remuneration Convention of 1951 (No. 100) and Recommendation (No. 90) of the International Labour Organization,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1994
Paragraph
Ending female genital mutilation 2010, para. 19
- Paragraph text
- Also calls upon States to support, as part of a comprehensive approach towards the elimination of female genital mutilation, programmes related to an alternative livelihood for traditional practitioners of female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Harmful Practices
- Person(s) affected
- All
- Year
- 2010
Paragraph
Women’s economic empowerment in the changing world of work 2017, para. 40 (f)
- Paragraph text
- Enact or strengthen and enforce laws and regulations that uphold the principle of equal pay for equal work or work of equal value in the public and private sectors as a critical measure to eliminate the gender pay gap, provide in this regard effective means of redress and access to justice in cases of non-compliance, and promote the implementation of equal pay policies through, for example, social dialogue, collective bargaining, job evaluations, awareness-raising campaigns, pay transparency and gender pay audits, as well as certification and review of pay practices and increased availability of data and analysis on the gender pay gap;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Economic Rights
- Gender
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
Ending female genital mutilation 2010, para. 17
- Paragraph text
- Recognizing that strong leadership is required to make progress in eliminating female genital mutilation and that a multidisciplinary, comprehensive, coordinated and coherent approach at all levels towards achieving abandonment of female genital mutilation worldwide is required, and welcoming the fact that such an approach is at the core of the United Nations Population Fund-United Nations Children's Fund joint programme to accelerate the abandonment of female genital mutilation,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- Children
- Year
- 2010
Paragraph
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 3c
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Review and update educational materials, including textbooks, and take appropriate action to remove all elements promoting discrimination, in particular gender-based discrimination, racism, racial discrimination, xenophobia and related intolerance;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2001
Paragraph
Human rights and land rights discrimination 1998, para. 2
- Paragraph text
- Noting that the Universal Declaration of Human Rights prohibits discrimination and proclaims that all human beings are born free and equal in dignity and rights, and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
Paragraph
Mainstreaming a gender perspective into all national policies and programmes 2005, para. 3
- Paragraph text
- Also stresses that political will and commitment at all levels are crucial to ensure the mainstreaming of a gender perspective in the adoption and implementation of comprehensive and action-oriented policies in all areas;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2005
Paragraph
Environmental management and the mitigation of natural disasters 2002, para. 2
- Paragraph text
- Deeply convinced that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development, which is the framework for our efforts to achieve a higher quality of life for all people.
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2002
Paragraph
Preventing and eliminating sexual harassment in the workplace 2017, para. 2f
- Paragraph text
- [Encourages Member States to:] Promote research and collect and analyse data and statistics, disaggregated by sex, age and other relevant characteristics, in order to develop, review and implement policies and programmes at all levels that contribute to preventing and eliminating sexual harassment in the workplace;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Person(s) affected
- All
- Year
- 2017
Paragraph
Ending female genital mutilation 2010, para. 8
- Paragraph text
- Calls upon States to ensure that national action plans and strategies on elimination of female genital mutilation are comprehensive and multidisciplinary in scope, and incorporate clear targets and indicators for effective national monitoring, impact assessment and coordination;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2010
Paragraph
Preventing and eliminating sexual harassment in the workplace 2017, para. 2b
- Paragraph text
- [Encourages Member States to:] Take all measures necessary to raise awareness regarding the rights of victims of sexual harassment in the workplace and the means of accessing redress and justice, and to facilitate reporting by victims and witnesses;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Ending female genital mutilation 2010, para. 21
- Paragraph text
- Stresses that some progress has been made in combating female genital mutilation in a number of countries and that a common coordinated approach that promotes positive social change at the community, national, regional and international levels could lead to female genital mutilation being abandoned within a generation, with some of the main achievements being obtained by 2015, in line with the Millennium Development Goals;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Harmful Practices
- Person(s) affected
- All
- Year
- 2010
Paragraph
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 4
- Paragraph text
- The efforts of the international community in combating racism, racial discrimination, xenophobia and related intolerance are recalled.
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2001
Paragraph
Preventing and eliminating sexual harassment in the workplace 2017, para. 15
- Paragraph text
- Stressing also that employers have the primary responsibility to take measures to prevent sexual harassment in the workplace and to facilitate effective action after sexual harassment has occurred by holding perpetrators to account and providing access to remedies and protection for the victims, bearing in mind that victims of sexual harassment may be subject to further discrimination or reprisals,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2017
Paragraph
Equal pay for equal work and work of equal value 1994, para. 1a
- Paragraph text
- [Urges Governments and international, regional and national institutions, as appropriate:] (a) To promote and pursue in greater depth research on the concept of work of equal value as a potential means for eliminating gender-based inequalities in remuneration, taking into account the particular circumstances and needs of developed and developing countries, as well as those of the economies in transition;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1994
Paragraph
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 3g
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Bearing in mind gender perspective, encourage the mass media to promote ideas of tolerance and understanding among peoples and different cultures.
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2001
Paragraph
Women’s economic empowerment in the changing world of work 2017, para. 40 (j)
- Paragraph text
- Refrain from promulgating and applying any unilateral economic, financial or trade measures not in accordance with international law and the Charter of the United Nations that impede the full achievement of economic and social development, particularly in developing countries;
- Body
- Commission on the Status of Women
- Document type
- CSW Agreed Conclusions / Declaration
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Equal pay for equal work and work of equal value 1994, para. 2c
- Paragraph text
- [Calls upon Governments:] (c) To give full effect to those international instruments to which they have acceded on the subject of equal pay for equal work and work of equal value, whether through legislation, collective bargaining, judicial or arbitral decision or by any other means;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1994
Paragraph
Ending female genital mutilation 2007, para. 15
- Paragraph text
- Calls upon States to develop, support and implement comprehensive and integrated strategies for the prevention of female genital mutilation, including the training of social workers, medical personnel and other relevant professionals, as well as programmes of alternative professional training for the practitioners;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2007
Paragraph
Ending female genital mutilation 2010, para. 4
- Paragraph text
- Urges States to condemn all harmful traditional practices, in particular all types of female genital mutilation, whether committed within or outside a medical institution;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2010
Paragraph
Ending female genital mutilation 2010, para. 22
- Paragraph text
- Encourages all decision makers, at all levels, with responsibilities for policy, legislation, programmes and allocation of public resources to play leadership roles in eliminating female genital mutilation;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Person(s) affected
- All
- Year
- 2010
Paragraph
Ending female genital mutilation 2010, para. 11
- Paragraph text
- Welcoming the report of the Secretary-General on ending female genital mutilation and the recommendations contained therein,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Harmful Practices
- Person(s) affected
- All
- N.A.
- Year
- 2010
Paragraph
Equal pay for equal work and work of equal value 1994, para. 4
- Paragraph text
- Requests the Secretary-General, in consultation with the International Labour Organization and other appropriate international and regional bodies, to submit to the Commission, at its thirty-ninth session, a report on the situation at the national level in respect of the implementation of the principle of equal pay for work of equal value, particular attention to be paid, to the extent possible, to the adequacy of mechanisms and procedures for facilitating such implementation.
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1994
Paragraph
Preventing and eliminating sexual harassment in the workplace 2017, para. 1
- Paragraph text
- Reaffirming the obligation of all Member States to promote and protect all human rights and fundamental freedoms, and reaffirming also that discrimination on the basis of sex is contrary to the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights,2 the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of the Child and the Optional Protocols thereto,
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Ending female genital mutilation 2008, para. 16
- Paragraph text
- Calls upon States to develop, support and implement comprehensive and integrated strategies for the prevention of female genital mutilation, including the training of social workers, medical personnel and other relevant professionals, as well as programmes of alternative professional training for the practitioners;
- Body
- Commission on the Status of Women
- Document type
- Resolution
- Topic(s)
- Gender
- Harmful Practices
- Health
- Person(s) affected
- All
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 25
- Paragraph text
- Securing the victim's right to redress requires that a State party's competent authorities promptly, effectively and impartially investigate and examine the case of any individual who alleges that she or he has been subjected to torture or ill-treatment. Such an investigation should include as a standard measure an independent physical and psychological forensic examination as provided for in the Istanbul Protocol. Undue delays in initiating or concluding legal investigations into complaints of torture or ill-treatment compromise victims' rights under article 14 to obtain redress, including fair and adequate compensation and the means for as full rehabilitation as possible.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 26
- Paragraph text
- Notwithstanding the evidentiary benefits to victims afforded by a criminal investigation, a civil proceeding and the victim's claim for reparation should not be dependent on the conclusion of a criminal proceeding. The Committee considers that compensation should not be unduly delayed until criminal liability has been established. Civil liability should be available independently of criminal proceedings and the necessary legislation and institutions for such purpose should be in place. If criminal proceedings are required by domestic legislation to take place before civil compensation can be sought, then the absence of or undue delay in those criminal proceedings constitutes a failure on the part of the State party to fulfil its obligations under the Convention. Disciplinary action alone shall not be regarded as an effective remedy within the meaning of article 14.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 42
- Paragraph text
- Similarly, granting immunity, in violation of international law, to any State or its agents or to non-State actors for torture or ill-treatment, is in direct conflict with the obligation of providing redress to victims. When impunity is allowed by law or exists de facto, it bars victims from seeking full redress as it allows the violators to go unpunished and denies victims full assurance of their rights under article 14. The Committee affirms that under no circumstances may arguments of national security be used to deny redress for victims.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 30
- Paragraph text
- Judicial remedies must always be available to victims, irrespective of what other remedies may be available, and should enable victim participation. States parties should provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary resources to bring complaints and to make claims for redress. States parties shall also make readily available to the victims all evidence concerning acts of torture or ill-treatment upon the request of victims, their legal counsel, or a judge. A State party's failure to provide evidence and information, such as records of medical evaluations or treatment, can unduly impair victims' ability to lodge complaints and to seek redress, compensation and rehabilitation.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 46l
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party's evaluation of the effectiveness of such protection.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Implementation of article 2 by States parties 2008, para. 7
- Paragraph text
- The Committee also understands that the concept of "any territory under its jurisdiction," linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State's obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Implementation of article 2 by States parties 2008, para. 18
- Paragraph text
- The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Governance & Rule of Law
- Harmful Practices
- Violence
- Person(s) affected
- All
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 46a
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The number of victims of torture or ill-treatment who have sought compensation through legal, administrative and other means and the nature of the violations alleged; the number of victims who have been awarded compensation; and in what amounts;
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 2 by States parties 2008, para. 4
- Paragraph text
- States parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. States parties also have the obligation continually to keep under review and improve their national laws and performance under the Convention in accordance with the Committee's concluding observations and views adopted on individual communications. If the measures adopted by the State party fail to accomplish the purpose of eradicating acts of torture, the Convention requires that they be revised and/or that new, more effective measures be adopted. Likewise, the Committee's understanding of and recommendations in respect of effective measures are in a process of continual evolution, as, unfortunately, are the methods of torture and ill-treatment.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 3
- Paragraph text
- Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the Convention. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term "victim" also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term "survivors" may, in some cases, be preferred by persons who have suffered harm. The Committee uses the legal term "victims" without prejudice to other terms which may be preferable in specific contexts.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Families
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 6
- Paragraph text
- As stated in paragraph 2 above, redress includes the following five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The Committee recognizes the elements of full redress under international law and practice as outlined in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines). Reparation must be adequate, effective and comprehensive. States parties are reminded that in the determination of redress and reparative measures provided or awarded to a victim of torture or ill-treatment, the specificities and circumstances of each case must be taken into consideration and redress should be tailored to the particular needs of the victim and be proportionate to the gravity of the violations committed against them. The Committee emphasizes that the provision of reparation has an inherent preventive and deterrent effect in relation to future violations.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 4
- Paragraph text
- The Committee emphasizes the importance of victim participation in the redress process, and that the restoration of the dignity of the victim is the ultimate objective in the provision of redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 7
- Paragraph text
- Where State authorities or others acting in their official capacity have committed, know or have reasonable grounds to believe that acts of torture or ill-treatment have been committed by non-State officials or private actors and failed to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors in accordance with the Convention, the State bears responsibility for providing redress for the victims (general comment No. 2).
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 2 by States parties 2008, para. 10
- Paragraph text
- The Committee recognizes that most States parties identify or define certain conduct as ill-treatment in their criminal codes. In comparison to torture, ill-treatment may differ in the severity of pain and suffering and does not require proof of impermissible purposes. The Committee emphasizes that it would be a violation of the Convention to prosecute conduct solely as ill-treatment where the elements of torture are also present.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 22
- Paragraph text
- Under the Convention, States parties are required to prosecute or extradite alleged perpetrators of torture when they are found in any territory under its jurisdiction, and to adopt the necessary legislation to make this possible. The Committee considers that the application of article 14 is not limited to victims who were harmed in the territory of the State party or by or against nationals of the State party. The Committee has commended the efforts of States parties for providing civil remedies for victims who were subjected to torture or ill-treatment outside their territory. This is particularly important when a victim is unable to exercise the rights guaranteed under article 14 in the territory where the violation took place. Indeed, article 14 requires States parties to ensure that all victims of torture and ill-treatment are able to access remedy and obtain redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 37
- Paragraph text
- A crucial component of the right to redress is the clear acknowledgement by the State party concerned that the reparative measures provided or awarded to a victim are for violations of the Convention, by action or omission. The Committee is therefore of the view that a State party may not implement development measures or provide humanitarian assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a State party to provide the individual victim of torture with redress may not be justified by invoking a State's level of development. The Committee recalls that subsequent governments as well as successor States still have the obligation to guarantee access to the right of redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 46k
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The available avenues for a victim of torture or ill-treatment to obtain redress, including all criminal, civil, administrative and non-judicial procedures, such as administrative reparation programmes, as well as information on the number of victims who have accessed such mechanisms, how many obtained redress and reparative measures, and in what forms and/or amounts.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 11
- Paragraph text
- The Committee affirms that the provision of means for as full rehabilitation as possible for anyone who has suffered harm as a result of a violation of the Convention should be holistic and include medical and psychological care as well as legal and social services. Rehabilitation, for the purposes of this general comment, refers to the restoration of function or the acquisition of new skills required as a result of the changed circumstances of a victim in the aftermath of torture or ill-treatment. It seeks to enable the maximum possible self-sufficiency and function for the individual concerned, and may involve adjustments to the person's physical and social environment. Rehabilitation for victims should aim to restore, as far as possible, their independence, physical, mental, social and vocational ability; and full inclusion and participation in society.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 24
- Paragraph text
- At the procedural level, States parties shall ensure the existence of institutions competent to render enforceable final decisions through a procedure established by law to enable victims of torture or ill-treatment to secure redress, including adequate compensation and rehabilitation.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 14
- Paragraph text
- The requirement in the Convention to provide these forms of rehabilitative services does not extinguish the need to provide medical and psychosocial services for victims in the direct aftermath of torture, nor does such initial care represent the fulfilment of the obligation to provide the means for as full rehabilitation as possible.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 46h
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The complaints mechanisms available for victims of torture or ill-treatment, including how such mechanisms are made known and accessible to all victims. States parties should also include data disaggregated by age, gender, nationality, location and alleged violation, on the number of complaints received through such mechanisms.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 1
- Paragraph text
- This general comment explains and clarifies to States parties the content and scope of the obligations under article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Each State party is required to "ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible." The Committee considers that article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment (hereafter "ill-treatment") without discrimination of any kind, in line with the Committee's general comment No. 2.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 2 by States parties 2008, para. 5
- Paragraph text
- Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2008
Paragraph
Implementation of article 2 by States parties 2008, para. 19
- Paragraph text
- Additionally, if a person is to be transferred or sent to the custody or control of an individual or institution known to have engaged in torture or ill-treatment, or has not implemented adequate safeguards, the State is responsible, and its officials subject to punishment for ordering, permitting or participating in this transfer contrary to the State's obligation to take effective measures to prevent torture in accordance with article 2, paragraph 1. The Committee has expressed its concern when States parties send persons to such places without due process of law as required by articles 2 and 3.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 20
- Paragraph text
- To give effect to article 14, States parties shall enact legislation specifically providing a victim of torture and ill-treatment with an effective remedy and the right to obtain adequate and appropriate redress, including compensation and as full rehabilitation as possible. Such legislation must allow for individuals to exercise this right and ensure their access to a judicial remedy. While collective reparation and administrative reparation programmes may be acceptable as a form of redress, such programmes may not render ineffective the individual right to a remedy and to obtain redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 2 by States parties 2008, para. 20
- Paragraph text
- The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. Non-discrimination is included within the definition of torture itself in article 1, paragraph 1, of the Convention, which explicitly prohibits specified acts when carried out for "any reason based on discrimination of any kind…". The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- N.A.
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 19
- Paragraph text
- Under article 2 of the Convention, States parties shall enact "effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." As clarified by the Committee in its general comment No. 2, "States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4." The failure of States parties to enact legislation that clearly incorporates their obligations under the Convention and criminalizes torture and ill-treatment, and the resulting absences of torture and ill-treatment as criminal offences, obstructs the victim's capacity to access and enjoy his or her rights guaranteed under article 14.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 17
- Paragraph text
- A State's failure to investigate, criminally prosecute, or to allow civil proceedings related to allegations of acts of torture in a prompt manner, may constitute a de facto denial of redress and thus constitute a violation of the State's obligations under article 14.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 13
- Paragraph text
- In order to fulfil its obligations to provide a victim of torture or ill-treatment with the means for as full rehabilitation as possible, each State party should adopt a long-term, integrated approach and ensure that specialist services for victims of torture or ill-treatment are available, appropriate and readily accessible. These should include: a procedure for the assessment and evaluation of individuals' therapeutic and other needs, based on, inter alia, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol); and may include a wide range of inter-disciplinary measures, such as medical, physical and psychological rehabilitative services; re-integrative and social services; community and family-oriented assistance and services; vocational training; education etc. A holistic approach to rehabilitation which also takes into consideration the strength and resilience of the victim is of utmost importance. Furthermore, victims may be at risk of re-traumatization and have a valid fear of acts which remind them of the torture or ill-treatment they have endured. Consequently, a high priority should be placed on the need to create a context of confidence and trust in which assistance can be provided. Confidential services should be provided as required.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Families
- Year
- 2012
Paragraph
Implementation of article 2 by States parties 2008, para. 26
- Paragraph text
- The non-derogability of the prohibition of torture is underscored by the long-standing principle embodied in article 2, paragraph 3, that an order of a superior or public authority can never be invoked as a justification of torture Thus, subordinates may not seek refuge in superior authority and should be held to account individually. At the same time, those exercising superior authority - including public officials - cannot avoid accountability or escape criminal responsibility for torture or ill-treatment committed by subordinates where they knew or should have known that such impermissible conduct was occurring, or was likely to occur, and they failed to take reasonable and necessary preventive measures. The Committee considers it essential that the responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be fully investigated through competent, independent and impartial prosecutorial and judicial authorities. Persons who resist what they view as unlawful orders or who cooperate in the investigation of torture or ill-treatment, including by superior officials, should be protected against retaliation of any kind.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2008
Paragraph
Implementation of article 14 by States parties 2012, para. 9
- Paragraph text
- The Committee emphasizes that monetary compensation alone may not be sufficient redress for a victim of torture and ill-treatment. The Committee affirms that the provision of monetary compensation only is inadequate for a State party to comply with its obligations under article 14.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 46g
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The measures taken to ensure that all victims of torture or ill-treatment are able to exercise and enjoy their rights under article 14.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 40
- Paragraph text
- On account of the continuous nature of the effects of torture, statutes of limitations should not be applicable as these deprive victims of the redress, compensation, and rehabilitation due to them. For many victims, passage of time does not attenuate the harm and in some cases the harm may increase as a result of post-traumatic stress that requires medical, psychological and social support, which is often inaccessible to those who have not received redress. States parties shall ensure that all victims of torture or ill-treatment, regardless of when the violation occurred or whether it was carried out by or with the acquiescence of a former regime, are able to access their rights to remedy and to obtain redress.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 27
- Paragraph text
- Under article 14, a State party shall ensure that victims of any act of torture or ill-treatment under its jurisdiction obtain redress. States parties have an obligation to take all necessary and effective measures to ensure that all victims of such acts obtain redress. This obligation includes an obligation for State parties to promptly initiate a process to ensure that victims obtain redress, even in the absence of a complaint, when there are reasonable grounds to believe that torture or ill-treatment has taken place.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 34
- Paragraph text
- To avoid re-victimization and stigmatization of victims of torture or ill-treatment, the protections outlined in the preceding paragraph equally apply to any person marginalized or made vulnerable on the basis of identities and groups such as those examples listed under the principle of non-discrimination in paragraph 32. In judicial and non-judicial proceedings sensitivity must be exercised toward any such person. Accordingly, the Committee notes that judicial personnel must receive specific training on the various impacts of torture and ill-treatment, including those on victims from marginalized and vulnerable groups, and on how to exercise sensitivity towards victims of torture and ill-treatment, including in the form of sexual or gender-based discrimination, in order to prevent re-victimization and stigmatization.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 12
- Paragraph text
- The Committee emphasizes that the obligation of States parties to provide the means for "as full rehabilitation as possible" refers to the need to restore and repair the harm suffered by a victim whose life situation, including dignity, health and self-sufficiency may never be fully recovered as a result of the pervasive effect of torture. The obligation does not relate to the available resources of States parties and may not be postponed.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 21
- Paragraph text
- States parties should ensure that their domestic laws provide that a victim who has suffered violence or trauma should benefit from adequate care and protection to avoid his or her re-traumatization in the course of legal and administrative procedures designed to provide justice and reparation.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 23
- Paragraph text
- The Committee has, in its concluding observations, identified other State obligations that shall be met in order to ensure that the article 14 rights of a victim are fully respected. In this regard, the Committee underscores the important relationship between States parties' fulfilment of their obligations under article 12 and 13, and their obligation under article 14. According to article 12, States parties shall undertake prompt, effective and impartial investigations, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction as the result of its actions or omissions and, as set out in article 13 and affirmed by the Committee in its general comment No. 2, ensure that impartial and effective complaints mechanisms are established. Full redress cannot be obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints mechanisms shall be made known and accessible to the public, including to persons deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via, for example, telephone hotlines or confidential complaints boxes in detention facilities, and to persons belonging to vulnerable or marginalized groups, including those who may have limited communication abilities.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
Implementation of article 14 by States parties 2012, para. 38
- Paragraph text
- States parties to the Convention have an obligation to ensure that the right to redress is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent effective implementation of article 14 include, but are not limited to: inadequate national legislation, discrimination with regard to accessing complaints and investigation mechanisms and procedures for remedy and redress; inadequate measures for securing the custody of alleged perpetrators, State secrecy laws, evidential burdens and procedural requirements that interfere with the determination of the right to redress; statutes of limitations, amnesties and immunities; the failure to provide sufficient legal aid and protection measures for victims and witnesses; as well as the associated stigma, and the physical, psychological and other related effects of torture and ill-treatment. In addition, the failure of a State party to execute judgements providing reparative measures for a victim of torture, handed down by national, international or regional courts, constitutes a significant impediment to the right to redress. States parties should develop coordinated mechanisms to enable victims to execute judgements across State lines, including recognizing the validity of court orders from other States parties and assisting in locating the assets of perpetrators.
- Body
- Committee against Torture
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
Paragraph
The nature of States parties’ obligations 1990, para. 6
- Paragraph text
- Where specific policies aimed directly at the realization of the rights recognized in the Covenant have been adopted in legislative form, the Committee would wish to be informed, inter alia, as to whether such laws create any right of action on behalf of individuals or groups who feel that their rights are not being fully realized. In cases where constitutional recognition has been accorded to specific economic, social and cultural rights, or where the provisions of the Covenant have been incorporated directly into national law, the Committee would wish to receive information as to the extent to which these rights are considered to be justiciable (i.e. able to be invoked before the courts). The Committee would also wish to receive specific information as to any instances in which existing constitutional provisions relating to economic, social and cultural rights have been weakened or significantly changed.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1990
Paragraph
The nature of States parties’ obligations 1990, para. 9
- Paragraph text
- The principal obligation of result reflected in article 2 (1) is to take steps "with a view to achieving progressively the full realization of the rights recognized" in the Covenant. The term "progressive realization" is often used to describe the intent of this phrase. The concept of progressive realization constitutes a recognition of the fact that full realization of all economic, social and cultural rights will generally not be able to be achieved in a short period of time. In this sense the obligation differs significantly from that contained in article 2 of the International Covenant on Civil and Political Rights which embodies an immediate obligation to respect and ensure all of the relevant rights. Nevertheless, the fact that realization over time, or in other words progressively, is foreseen under the Covenant should not be misinterpreted as depriving the obligation of all meaningful content. It is on the one hand a necessary flexibility device, reflecting the realities of the real world and the difficulties involved for any country in ensuring full realization of economic, social and cultural rights. On the other hand, the phrase must be read in the light of the overall objective, indeed the raison d'être, of the Covenant which is to establish clear obligations for States parties in respect of the full realization of the rights in question. It thus imposes an obligation to move as expeditiously and effectively as possible towards that goal. Moreover, any deliberately retrogressive measures in that regard would require the most careful consideration and would need to be fully justified by reference to the totality of the rights provided for in the Covenant and in the context of the full use of the maximum available resources.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1990
Paragraph
The right to adequate housing 1991, para. 8g
- Paragraph text
- [Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:] Cultural adequacy. The way housing is constructed, the building materials used and the policies supporting these must appropriately enable the expression of cultural identity and diversity of housing. Activities geared towards development or modernization in the housing sphere should ensure that the cultural dimensions of housing are not sacrificed, and that, inter alia, modern technological facilities, as appropriate are also ensured.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1991
Paragraph
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 13
- Paragraph text
- Second, effective monitoring, which is always required under the terms of the Covenant, should be undertaken throughout the period that sanctions are in force. When an external party takes upon itself even partial responsibility for the situation within a country (whether under Chapter VII of the Charter or otherwise), it also unavoidably assumes a responsibility to do all within its power to protect the economic, social and cultural rights of the affected population.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1997
Paragraph
The domestic application of the Covenant 1998, para. 15
- Paragraph text
- It is generally accepted that domestic law should be interpreted as far as possible in a way which conforms to a State's international legal obligations. Thus, when a domestic decision maker is faced with a choice between an interpretation of domestic law that would place the state in breach of the Covenant and one that would enable the State to comply with the Covenant, international law requires the choice of the latter. Guarantees of equality and non-discrimination should be interpreted, to the greatest extent possible, in ways which facilitate the full protection of economic, social and cultural rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1998
Paragraph
The domestic application of the Covenant 1998, para. 5
- Paragraph text
- The Covenant does not stipulate the specific means by which it is to be implemented in the national legal order. And there is no provision obligating its comprehensive incorporation or requiring it to be accorded any specific type of status in national law. Although the precise method by which Covenant rights are given effect in national law is a matter for each State party to decide, the means used should be appropriate in the sense of producing results which are consistent with the full discharge of its obligations by the State party. The means chosen are also subject to review as part of the Committee's examination of the State party's compliance with its obligations under the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1998
Paragraph
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3e
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Conducting research and inquiries designed to ascertain the extent to which particular economic, social and cultural rights are being realized, either within the State as a whole or in areas or in relation to communities of particular vulnerability;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1998
Paragraph
The right to education (Art. 13) 1999, para. 41
- Paragraph text
- In the Committee's view, corporal punishment is inconsistent with the fundamental guiding principle of international human rights law enshrined in the Preambles to the Universal Declaration of Human Rights and both Covenants: the dignity of the individual. Other aspects of school discipline may also be inconsistent with human dignity, such as public humiliation. Nor should any form of discipline breach other rights under the Covenant, such as the right to food. A State party is required to take measures to ensure that discipline which is inconsistent with the Covenant does not occur in any public or private educational institution within its jurisdiction. The Committee welcomes initiatives taken by some States parties which actively encourage schools to introduce "positive", non violent approaches to school discipline.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3f
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Monitoring compliance with specific rights recognized under the Covenant and providing reports thereon to the public authorities and civil society; and
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1998
Paragraph
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3g
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Examining complaints alleging infringements of applicable economic, social and cultural rights standards within the State.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1998
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 1
- Paragraph text
- Article 14 of the International Covenant on Economic, Social and Cultural Rights requires each State party which has not been able to secure compulsory primary education, free of charge, to undertake, within two years, to work out and adopt a detailed plan of action for the progressive implementation, within a reasonable number of years, to be fixed in the plan, of the principle of compulsory primary education free of charge for all. In spite of the obligations undertaken in accordance with article 14, a number of States parties have neither drafted nor implemented a plan of action for free and compulsory primary education.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 19
- Paragraph text
- With respect to the right to health, equality of access to health care and health services has to be emphasized. States have a special obligation to provide those who do not have sufficient means with the necessary health insurance and health-care facilities, and to prevent any discrimination on internationally prohibited grounds in the provision of health care and health services, especially with respect to the core obligations of the right to health. Inappropriate health resource allocation can lead to discrimination that may not be overt. For example, investments should not disproportionately favour expensive curative health services which are often accessible only to a small, privileged fraction of the population, rather than primary and preventive health care benefiting a far larger part of the population.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 4
- Paragraph text
- In drafting article 12 of the Covenant, the Third Committee of the United Nations General Assembly did not adopt the definition of health contained in the preamble to the Constitution of WHO, which conceptualizes health as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity". However, the reference in article 12.1 of the Covenant to "the highest attainable standard of physical and mental health" is not confined to the right to health care. On the contrary, the drafting history and the express wording of article 12.2 acknowledge that the right to health embraces a wide range of socio economic factors that promote conditions in which people can lead a healthy life, and extends to the underlying determinants of health, such as food and nutrition, housing, access to safe and potable water and adequate sanitation, safe and healthy working conditions, and a healthy environment.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 15
- Paragraph text
- The improvement of all aspects of environmental and industrial hygiene (art. 12.2 (b)) comprises, inter alia, preventive measures in respect of occupational accidents and diseases; the requirement to ensure an adequate supply of safe and potable water and basic sanitation; the prevention and reduction of the population's exposure to harmful substances such as radiation and harmful chemicals or other detrimental environmental conditions that directly or indirectly impact upon human health. Furthermore, industrial hygiene refers to the minimization, so far as is reasonably practicable, of the causes of health hazards inherent in the working environment. Article 12.2 (b) also embraces adequate housing and safe and hygienic working conditions, an adequate supply of food and proper nutrition, and discourages the abuse of alcohol, and the use of tobacco, drugs and other harmful substances.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 16
- Paragraph text
- The prevention, treatment and control of epidemic, endemic, occupational and other diseases (art. 12.2 (c)) requires the establishment of prevention and education programmes for behaviour-related health concerns such as sexually transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual and reproductive health, and the promotion of social determinants of good health, such as environmental safety, education, economic development and gender equity. The right to treatment includes the creation of a system of urgent medical care in cases of accidents, epidemics and similar health hazards, and the provision of disaster relief and humanitarian assistance in emergency situations. The control of diseases refers to States' individual and joint efforts to, inter alia, make available relevant technologies, using and improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 53
- Paragraph text
- The most appropriate feasible measures to implement the right to health will vary significantly from one State to another. Every State has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State to take whatever steps are necessary to ensure that everyone has access to health facilities, goods and services so that they can enjoy, as soon as possible, the highest attainable standard of physical and mental health. This requires the adoption of a national strategy to ensure to all the enjoyment of the right to health, based on human rights principles which define the objectives of that strategy, and the formulation of policies and corresponding right to health indicators and benchmarks. The national health strategy should also identify the resources available to attain defined objectives, as well as the most cost effective way of using those resources.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 54
- Paragraph text
- The formulation and implementation of national health strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. In particular, the right of individuals and groups to participate in decision-making processes, which may affect their development, must be an integral component of any policy, programme or strategy developed to discharge governmental obligations under article 12. Promoting health must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Effective provision of health services can only be assured if people's participation is secured by States.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to water (Art. 11 and 12) 2002, para. 1
- Paragraph text
- Water is a limited natural resource and a public good fundamental for life and health. The human right to water is indispensable for leading a life in human dignity. It is a prerequisite for the realization of other human rights. The Committee has been confronted continually with the widespread denial of the right to water in developing as well as developed countries. Over one billion persons lack access to a basic water supply, while several billion do not have access to adequate sanitation, which is the primary cause of water contamination and diseases linked to water. The continuing contamination, depletion and unequal distribution of water is exacerbating existing poverty. States parties have to adopt effective measures to realize, without discrimination, the right to water, as set out in this general comment.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 23
- Paragraph text
- The obligation to protect requires State parties to prevent third parties from interfering in any way with the enjoyment of the right to water. Third parties include individuals, groups, corporations and other entities as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures to restrain, for example, third parties from denying equal access to adequate water; and polluting and inequitably extracting from water resources, including natural sources, wells and other water distribution systems.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 6
- Paragraph text
- Water is required for a range of different purposes, besides personal and domestic uses, to realize many of the Covenant rights. For instance, water is necessary to produce food (right to adequate food) and ensure environmental hygiene (right to health). Water is essential for securing livelihoods (right to gain a living by work) and enjoying certain cultural practices (right to take part in cultural life). Nevertheless, priority in the allocation of water must be given to the right to water for personal and domestic uses. Priority should also be given to the water resources required to prevent starvation and disease, as well as water required to meet the core obligations of each of the Covenant rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 53
- Paragraph text
- To assist the monitoring process, right to water indicators should be identified in the national water strategies or plans of action. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under articles 11, paragraph 1, and 12. Indicators should address the different components of adequate water (such as sufficiency, safety and acceptability, affordability and physical accessibility), be disaggregated by the prohibited grounds of discrimination, and cover all persons residing in the State party's territorial jurisdiction or under their control. States parties may obtain guidance on appropriate indicators from the ongoing work of WHO, the Food and Agriculture Organization of the United Nations (FAO), the United Nations Centre for Human Settlements (Habitat), the International Labour Organization (ILO), the United Nations Children's Fund (UNICEF), the United Nations Environment Programme (UNEP), the United Nations Development Programme (UNDP) and the United Nations Commission on Human Rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 55
- Paragraph text
- Any persons or groups who have been denied their right to water should have access to effective judicial or other appropriate remedies at both national and international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of the Rio Declaration on Environment and Development). The Committee notes that the right has been constitutionally entrenched by a number of States and has been subject to litigation before national courts. All victims of violations of the right to water should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, and similar institutions should be permitted to address violations of the right.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2002
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 43e
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To ensure equitable distribution of all health facilities, goods and services;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 49
- Paragraph text
- Violations of the right to health can also occur through the omission or failure of States to take necessary measures arising from legal obligations. Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone's right to the enjoyment of the highest attainable standard of physical and mental health, the failure to have a national policy on occupational safety and health as well as occupational health services, and the failure to enforce relevant laws.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2000
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. 52
- Paragraph text
- All authors who are victims of a violation of the protected moral and material interests resulting from their scientific, literary or artistic productions should, consequently, have access to effective administrative, judicial or other appropriate remedies at the national level. Such remedies should not be unreasonably complicated or costly, or entail unreasonable time limits or unwarranted delays. Parties to legal proceedings should have the right to have these proceedings reviewed by a judicial or other competent authority.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- 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. 55
- Paragraph text
- While only States parties to the Covenant are held accountable for compliance with its provisions, they are nevertheless urged to consider regulating the responsibility resting on the private business sector, private research institutions and other non State actors to respect the rights recognized in article 15, paragraph 1 (c), of the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2005
Paragraph
The right to social security (Art. 9) 2007, para. 46
- Paragraph text
- Where social security schemes, whether contributory or non-contributory, are operated or controlled by third parties, States parties retain the responsibility of administering the national social security system and ensuring that private actors do not compromise equal, adequate, affordable, and accessible social security. To prevent such abuses an effective regulatory system must be established which includes framework legislation, independent monitoring, genuine public participation and imposition of penalties for non-compliance.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
The right to social security (Art. 9) 2007, para. 50
- Paragraph text
- States parties are also obliged to provide the right to social security when individuals or a group are unable, on grounds reasonably considered to be beyond their control, to realize that right themselves, within the existing social security system with the means at their disposal. States parties will need to establish non-contributory schemes or other social assistance measures to provide support to those individuals and groups who are unable to make sufficient contributions for their own protection. Special attention should be given to ensuring that the social security system can respond in times of emergency, for example during and after natural disasters, armed conflict and crop failure.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 7
- Paragraph text
- Non-discrimination is an immediate and cross-cutting obligation in the Covenant. Article 2, paragraph 2, requires States parties to guarantee non-discrimination in the exercise of each of the economic, social and cultural rights enshrined in the Covenant and can only be applied in conjunction with these rights. It is to be noted that discrimination constitutes any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on the prohibited grounds of discrimination and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of Covenant rights. Discrimination also includes incitement to discriminate and harassment.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 13
- Paragraph text
- Differential treatment based on prohibited grounds will be viewed as discriminatory unless the justification for differentiation is reasonable and objective. This will include an assessment as to whether the aim and effects of the measures or omissions are legitimate, compatible with the nature of the Covenant rights and solely for the purpose of promoting the general welfare in a democratic society. In addition, there must be a clear and reasonable relationship of proportionality between the aim sought to be realized and the measures or omissions and their effects. A failure to remove differential treatment on the basis of a lack of available resources is not an objective and reasonable justification unless every effort has been made to use all resources that are at the State party's disposition in an effort to address and eliminate the discrimination, as a matter of priority.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 14
- Paragraph text
- Under international law, a failure to act in good faith to comply with the obligation in article 2, paragraph 2, to guarantee that the rights enunciated in the Covenant will be exercised without discrimination amounts to a violation. Covenant rights can be violated through the direct action or omission by States parties, including through their institutions or agencies at the national and local levels. States parties should also ensure that they refrain from discriminatory practices in international cooperation and assistance and take steps to ensure that all actors under their jurisdiction do likewise.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 54c
- Paragraph text
- [The obligation to fulfil requires that States parties must provide all that is necessary for fulfilment of the right to take part in cultural life when individuals or communities are unable, for reasons outside their control, to realize this right for themselves with the means at their disposal. This level of obligation includes, for example:] The inclusion of cultural education at every level in school curricula, including history, literature, music and the history of other cultures, in consultation with all concerned;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 54d
- Paragraph text
- [The obligation to fulfil requires that States parties must provide all that is necessary for fulfilment of the right to take part in cultural life when individuals or communities are unable, for reasons outside their control, to realize this right for themselves with the means at their disposal. This level of obligation includes, for example:] Guaranteed access for all, without discrimination on grounds of financial or any other status, to museums, libraries, cinemas and theatres and to cultural activities, services and events.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 55a
- Paragraph text
- [In its general comment No. 3 (1990), the Committee stressed that States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights set out in the Covenant. Thus, in accordance with the Covenant and other international instruments dealing with human rights and the protection of cultural diversity, the Committee considers that article 15, paragraph 1 (a), of the Covenant entails at least the obligation to create and promote an environment within which a person individually, or in association with others, or within a community or group, can participate in the culture of their choice, which includes the following core obligations applicable with immediate effect:]To take legislative and any other necessary steps to guarantee non-discrimination and gender equality in the enjoyment of the right of everyone to take part in cultural life;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 55b
- Paragraph text
- [In its general comment No. 3 (1990), the Committee stressed that States parties have a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights set out in the Covenant. Thus, in accordance with the Covenant and other international instruments dealing with human rights and the protection of cultural diversity, the Committee considers that article 15, paragraph 1 (a), of the Covenant entails at least the obligation to create and promote an environment within which a person individually, or in association with others, or within a community or group, can participate in the culture of their choice, which includes the following core obligations applicable with immediate effect:]To respect the right of everyone to identify or not identify themselves with one or more communities, and the right to change their choice;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 3
- Paragraph text
- Discrimination, inequality and a lack of assured rest and leisure conditions plague many of the world's workers. Economic, fiscal and political crises have led to austerity measures that claw back advances. The increasing complexity of work contracts, such as short-term and zero-hour contracts, and non-standard forms of employment, as well as an erosion of national and international labour standards, collective bargaining and working conditions, have resulted in insufficient protection of just and favourable conditions of work. Even in times of economic growth, many workers do not enjoy such conditions of work.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 34
- Paragraph text
- Rest and leisure, limitation of working hours and paid periodic holidays help workers to maintain an appropriate balance between professional, family and personal responsibilities and to avoid work-related stress, accidents and disease. They also promote the realization of other Covenant rights; therefore, although States parties have flexibility in the light of the national context, they are required to set minimum standards that must be respected and cannot be denied or reduced on the basis of economic or productivity arguments. States parties should introduce, maintain and enforce laws, polices and regulations covering several factors, as outlined below.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 21
- Paragraph text
- Minimum wages can be effective only if they are adequate to the goals set forth in article 7. The minimum wage should be recognized in legislation, fixed with reference to the requirements of a decent living, and applied consistently. The elements to take into account in fixing the minimum wage are flexible, although they must be technically sound, including the general level of wages in the country, the cost of living, social security contributions and benefits, and relative living standards. The minimum wage might represent a percentage of the average wage, so long as this percentage is sufficient to ensure a decent living for workers and their families.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Families
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 79
- Paragraph text
- Violations can also occur through acts of omission, which means the failure by a State party to take reasonable steps to fully realize the right for everyone, for example by failing to enforce relevant laws and implement adequate policies, or to regulate the activities of individuals and groups to prevent them from violating the right, or to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 72
- Paragraph text
- States parties should ensure that the right to just and favourable conditions of work is given due attention in the conclusion and implementation of international agreements, including in bilateral, regional and multilateral trade and investment agreements. Similarly, States parties should ensure that other international agreements do not negatively affect the right to just and favourable conditions of work, for example, by restricting the actions that other States parties could take to implement the right. States parties that have not done so should consider ratifying core human rights treaties and relevant ILO conventions.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 3
- Paragraph text
- The right to health is closely related to and dependent upon the realization of other human rights, as contained in the International Bill of Rights, including the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, the prohibition against torture, privacy, access to information, and the freedoms of association, assembly and movement. These and other rights and freedoms address integral components 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
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to adequate food (Art. 11) 1999, para. 25
- Paragraph text
- The strategy should address critical issues and measures in regard to all aspects of the food system, including the production, processing, distribution, marketing and consumption of safe food, as well as parallel measures in the fields of health, education, employment and social security. Care should be taken to ensure the most sustainable management and use of natural and other resources for food at the national, regional, local and household levels.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- All
- 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. 14
- Paragraph text
- The Committee stresses the importance of recognizing the value of scientific, literary and artistic productions as expressions of the personality of their creator, and notes that protection of moral interests can be found, although to a varying extent, in most States, regardless of the legal system in force.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2005
Paragraph
The right to work (Art. 6) 2005, para. 45
- Paragraph text
- States parties should develop and maintain mechanisms to monitor progress towards the realization of the right to freely chosen or accepted employment, to identify the factors and difficulties affecting the degree of compliance with their obligations and to facilitate the adoption of corrective legislative and administrative measures, including measures to implement their obligations under articles 2.1 and 23 of the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2005
Paragraph
The right to social security (Art. 9) 2007, para. 7
- Paragraph text
- The Committee on Economic, Social and Cultural Rights (the Committee) is concerned over the very low levels of access to social security with a large majority (about 80 per cent) of the global population currently lacking access to formal social security. Among these 80 per cent, 20 per cent live in extreme poverty.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Poverty
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
The right to social security (Art. 9) 2007, para. 9
- Paragraph text
- The right to social security includes the right not to be subject to arbitrary and unreasonable restrictions of existing social security coverage, whether obtained publicly or privately, as well as the right to equal enjoyment of adequate protection from social risks and contingencies.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
The right to social security (Art. 9) 2007, para. 23
- Paragraph text
- All persons should be covered by the social security system, especially individuals belonging to the most disadvantaged and marginalized groups, without discrimination on any of the grounds prohibited under article 2, paragraph 2, of the Covenant. In order to ensure universal coverage, non-contributory schemes will be necessary.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
The right to social security (Art. 9) 2007, para. 24
- Paragraph text
- Qualifying conditions for benefits must be reasonable, proportionate and transparent. The withdrawal, reduction or suspension of benefits should be circumscribed, based on grounds that are reasonable, subject to due process, and provided for in national law.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2007
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 65d
- Paragraph text
- [States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to just and favourable conditions of work. Specifically, this requires States parties to:] Adopt and implement a comprehensive national policy on occupational safety and health;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 65f
- Paragraph text
- [States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to just and favourable conditions of work. Specifically, this requires States parties to:] Introduce and enforce minimum standards in relation to rest, leisure, reasonable limitation of working hours, paid leave and public holidays.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2016
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 80
- Paragraph text
- States parties must put into place an adequate monitoring and accountability framework by ensuring access to justice or to other effective remedies.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 1
- Paragraph text
- Businesses play an important role in the realization of economic, social and cultural rights, inter alia by contributing to the creation of employment opportunities and — through private investment — to development. However, the Committee on Economic, Social and Cultural Rights has been regularly presented with situations in which, as a result of States’ failure to ensure compliance, under their jurisdiction, with internationally recognized human rights norms and standards, corporate activities have negatively affected economic, social and cultural rights. The present general comment seeks to clarify the duties of States parties to the International Covenant on Economic, Social and Cultural Rights in such situations, with a view to preventing and addressing the adverse impacts of business activities on human rights.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 4
- Paragraph text
- In certain jurisdictions, individuals enjoy direct recourse against business entities for violations of economic, social and cultural rights, whether in order to impose on such private entities (negative) duties to refrain from certain courses of conduct or to impose (positive) duties to adopt certain measures or to contribute to the fulfilment of such rights. There are also a large number of domestic laws designed to protect specific economic, social and cultural rights, that apply directly to business entities, such as in the areas of non-discrimination, health-care provision, education, the environment, employment relations and consumer safety.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 27
- Paragraph text
- Such extraterritorial obligations of States under the Covenant follow from the fact that the obligations of the Covenant are expressed without any restriction linked to territory or jurisdiction. Although article 14 of the Covenant does refer to compulsory primary education having to be provided by a State “in its metropolitan territory or other territories under its jurisdiction”, such a reference is absent from the other provisions of the Covenant. Moreover, article 2 (1) refers to international assistance and cooperation as a means of fulfilling economic, social and cultural rights. It would be contradictory to such a reference to allow a State to remain passive where an actor domiciled in its territory and/or under its jurisdiction, and thus under its control or authority, harmed the rights of others in other States, or where conduct by such an actor may lead to foreseeable harm being caused. Indeed, the Members of the United Nations have pledged “to take joint and separate action in cooperation with the Organization” to achieve the purposes set forth in article 55 of the Charter, including “universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language, or religion”. This duty is expressed without any territorial limitation, and should be taken into account when addressing the scope of States’ obligations under human rights treaties. Also in line with the Charter, the International Court of Justice has acknowledged the extraterritorial scope of core human rights treaties, focusing on their object and purpose, their legislative history and the lack of territorial limitation provisions in the text. Customary international law also prohibits a State from allowing its territory to be used to cause damage on the territory of another State, a requirement that has gained particular relevance in international environmental law. The Human Rights Council has confirmed that such prohibition extends to human rights law, when it endorsed the guiding principles on extreme poverty and human rights, in its resolution 21/11.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2017
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 6
- Paragraph text
- The right to take part in cultural life can be characterized as a freedom. In order for this right to be ensured, it requires from the State party both abstention (i.e., non-interference with the exercise of cultural practices and with access to cultural goods and services) and positive action (ensuring preconditions for participation, facilitation and promotion of cultural life, and access to and preservation of cultural goods).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 16d
- Paragraph text
- [The following are necessary conditions for the full realization of the right of everyone to take part in cultural life on the basis of equality and non-discrimination.] Adaptability refers to the flexibility and relevance of strategies, policies, programmes and measures adopted by the State party in any area of cultural life, which must be respectful of the cultural diversity of individuals and communities;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 50
- Paragraph text
- States parties must comply with their core obligations and take deliberate, concrete and targeted steps towards the progressive realization of the right to just and favourable conditions of work, using maximum available resources. In addition to legislation as an indispensable step, States should also ensure the provision of judicial and other effective remedies that include, but are not limited to, administrative, financial, educational and social measures.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2016
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 52e
- Paragraph text
- [States parties are under an obligation to facilitate the right of everyone to take part in cultural life by taking a wide range of positive measures, including financial measures, that would contribute to the realization of this right, such as:] Encouraging scientists, artists and others to take part in international scientific and cultural research activities, such as symposiums, conferences, seminars and workshops;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 6
- Paragraph text
- The present general comment could also assist workers’ organizations and employers in the context of collective bargaining. A large number of States parties require workplace procedures for the examination of grievances brought by workers, individually or collectively, without threat of reprisal. Social dialogue and the availability of grievance mechanisms for workers could be more systematically relied upon, particularly for the implementation of articles 6 and 7 of the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2017
Paragraph
Reporting by States Parties 1989, para. 3
- Paragraph text
- A second objective is to ensure that the State party monitors the actual situation with respect to each of the rights on a regular basis and is thus aware of the extent to which the various rights are, or are not, being enjoyed by all individuals within its territory or under its jurisdiction. From the Committee's experience to date, it is clear that the fulfilment of this objective cannot be achieved only by the preparation of aggregate national statistics or estimates, but also requires that special attention be given to any worse off regions or areas and to any specific groups or subgroups which appear to be particularly vulnerable or disadvantaged. Thus, the essential first step towards promoting the realization of economic, social and cultural rights is diagnosis and knowledge of the existing situation. The Committee is aware that this process of monitoring and gathering information is a potentially time consuming and costly one and that international assistance and cooperation, as provided for in article 2, paragraph 1 and articles 22 and 23 of the Covenant, may well be required in order to enable some States parties to fulfil the relevant obligations. If that is the case, and the State party concludes that it does not have the capacity to undertake the monitoring process which is an integral part of any process designed to promote accepted goals of public policy and is indispensable to the effective implementation of the Covenant, it may note this fact in its report to the Committee and indicate the nature and extent of any international assistance that it may need.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1989
Paragraph
Reporting by States Parties 1989, para. 4
- Paragraph text
- While monitoring is designed to give a detailed overview of the existing situation, the principal value of such an overview is to provide the basis for the elaboration of clearly stated and carefully targeted policies, including the establishment of priorities which reflect the provisions of the Covenant. Therefore, a third objective of the reporting process is to enable the Government to demonstrate that such principled policy making has in fact been undertaken. While the Covenant makes this obligation explicit only in article 14 in cases where "compulsory primary education, free of charge" has not yet been secured for all, a comparable obligation "to work out and adopt a detailed plan of action for the progressive implementation" of each of the rights contained in the Covenant is clearly implied by the obligation in article 2, paragraph 1 "to take steps ... by all appropriate means ...".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1989
Paragraph
Reporting by States Parties 1989, para. 5
- Paragraph text
- A fourth objective of the reporting process is to facilitate public scrutiny of government policies with respect to economic, social and cultural rights and to encourage the involvement of the various economic, social and cultural sectors of society in the formulation, implementation and review of the relevant policies. In examining reports submitted to it to date, the Committee has welcomed the fact that a number of States parties, reflecting different political and economic systems, have encouraged inputs by such non governmental groups into the preparation of their reports under the Covenant. Other States have ensured the widespread dissemination of their reports with a view to enabling comments to be made by the public at large. In these ways, the preparation of the report, and its consideration at the national level can come to be of at least as much value as the constructive dialogue conducted at the international level between the Committee and representatives of the reporting State.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- N.A.
- Year
- 1989
Paragraph
The nature of States parties’ obligations 1990, para. 4
- Paragraph text
- The Committee notes that States parties have generally been conscientious in detailing at least some of the legislative measures that they have taken in this regard. It wishes to emphasize, however, that the adoption of legislative measures, as specifically foreseen by the Covenant, is by no means exhaustive of the obligations of States parties. Rather, the phrase "by all appropriate means" must be given its full and natural meaning. While each State party must decide for itself which means are the most appropriate under the circumstances with respect to each of the rights, the "appropriateness" of the means chosen will not always be self evident. It is therefore desirable that States parties' reports should indicate not only the measures that have been taken but also the basis on which they are considered to be the most "appropriate" under the circumstances. However, the ultimate determination as to whether all appropriate measures have been taken remains one for the Committee to make.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 1990
Paragraph
The right to adequate housing 1991, para. 4
- Paragraph text
- Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate housing, there remains a disturbingly large gap between the standards set in article 11 (1) of the Covenant and the situation prevailing in many parts of the world. While the problems are often particularly acute in some developing countries which confront major resource and other constraints, the Committee observes that significant problems of homelessness and inadequate housing also exist in some of the most economically developed societies. The United Nations estimates that there are over 100 million persons homeless worldwide and over 1 billion inadequately housed. There is no indication that this number is decreasing. It seems clear that no State party is free of significant problems of one kind or another in relation to the right to housing.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1991
Paragraph
The right to adequate housing 1991, para. 17
- Paragraph text
- The Committee views many component elements of the right to adequate housing as being at least consistent with the provision of domestic legal remedies. Depending on the legal system, such areas might include, but are not limited to: (a) legal appeals aimed at preventing planned evictions or demolitions through the issuance of court ordered injunctions; (b) legal procedures seeking compensation following an illegal eviction; (c) complaints against illegal actions carried out or supported by landlords (whether public or private) in relation to rent levels, dwelling maintenance, and racial or other forms of discrimination; (d) allegations of any form of discrimination in the allocation and availability of access to housing; and (e) complaints against landlords concerning unhealthy or inadequate housing conditions. In some legal systems it would also be appropriate to explore the possibility of facilitating class action suits in situations involving significantly increased levels of homelessness.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1991
Paragraph
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 16
- Paragraph text
- In adopting this general comment the sole aim of the Committee is to draw attention to the fact that the inhabitants of a given country do not forfeit their basic economic, social and cultural rights by virtue of any determination that their leaders have violated norms relating to international peace and security. The aim is not to give support or encouragement to such leaders, nor is it to undermine the legitimate interests of the international community in enforcing respect for the provisions of the Charter of the United Nations and the general principles of international law. Rather, it is to insist that lawlessness of one kind should not be met by lawlessness of another kind which pays no heed to the fundamental rights that underlie and give legitimacy to any such collective action.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1997
Paragraph
Plans of action for primary education (Art. 14) 1999, para. 8
- Paragraph text
- Adoption of a detailed plan. The State party is required to adopt a plan of action within two years. This must be interpreted as meaning within two years of the Covenant's entry into force of the State concerned, or within two years of a subsequent change in circumstances which has led to the non-observance of the relevant obligation. This obligation is a continuing one and States parties to which the provision is relevant by virtue of the prevailing situation are not absolved from the obligation as a result of their past failure to act within the two-year limit. The plan must cover all of the actions which are necessary in order to secure each of the requisite component parts of the right and must be sufficiently detailed so as to ensure the comprehensive realization of the right. Participation of all sections of civil society in the drawing up of the plan is vital and some means of periodically reviewing progress and ensuring accountability are essential. Without those elements, the significance of the article would be undermined.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 7
- Paragraph text
- The Committee considers that the provisions of the Covenant, virtually all of which are also reflected in a range of other human rights treaties as well as the Universal Declaration of Human Rights, cannot be considered to be inoperative, or in any way inapplicable, solely because a decision has been taken that considerations of international peace and security warrant the imposition of sanctions. Just as the international community insists that any targeted State must respect the civil and political rights of its citizens, so too must that State and the international community itself do everything possible to protect at least the core content of the economic, social and cultural rights of the affected peoples of that State (see also General Comment 3 (1990), paragraph 10).
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1997
Paragraph
The right to adequate food (Art. 11) 1999, para. 34
- Paragraph text
- Judges and other members of the legal profession are invited to pay greater attention to violations of the right to food in the exercise of their functions.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to adequate food (Art. 11) 1999, para. 36
- Paragraph text
- In the spirit of article 56 of the Charter of the United Nations, the specific provisions contained in articles 11, 2.1, and 23 of the Covenant and the Rome Declaration of the World Food Summit, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to adequate food. In implementing this commitment, States parties should take steps to respect the enjoyment of the right to food in other countries, to protect that right, to facilitate access to food and to provide the necessary aid when required. States parties should, in international agreements whenever relevant, ensure that the right to adequate food is given due attention and consider the development of further international legal instruments to that end.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to adequate food (Art. 11) 1999, para. 9
- Paragraph text
- Dietary needs implies that the diet as a whole contains a mix of nutrients for physical and mental growth, development and maintenance, and physical activity that are in compliance with human physiological needs at all stages throughout the life cycle and according to gender and occupation. Measures may therefore need to be taken to maintain, adapt or strengthen dietary diversity and appropriate consumption and feeding patterns, including breast-feeding, while ensuring that changes in availability and access to food supply as a minimum do not negatively affect dietary composition and intake.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Health
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to adequate food (Art. 11) 1999, para. 2
- Paragraph text
- The Committee has accumulated significant information pertaining to the right to adequate food through examination of State parties' reports over the years since 1979. The Committee has noted that while reporting guidelines are available relating to the right to adequate food, only few States parties have provided information sufficient and precise enough to enable the Committee to determine the prevailing situation in the countries concerned with respect to this right and to identify the obstacles to its realization. This General Comment aims to identify some of the principal issues which the Committee considers to be important in relation to the right to adequate food. Its preparation was triggered by the request of Member States during the 1996 World Food Summit, for a better definition of the rights relating to food in article 11 of the Covenant, and by a special request to the Committee to give particular attention to the Summit Plan of Action in monitoring the implementation of the specific measures provided for in article 11 of the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to adequate food (Art. 11) 1999, para. 5
- Paragraph text
- Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate food, a disturbing gap still exists between the standards set in article 11 of the Covenant and the situation prevailing in many parts of the world. More than 840 million people throughout the world, most of them in developing countries, are chronically hungry; millions of people are suffering from famine as the result of natural disasters, the increasing incidence of civil strife and wars in some regions and the use of food as a political weapon. The Committee observes that while the problems of hunger and malnutrition are often particularly acute in developing countries, malnutrition, under-nutrition and other problems which relate to the right to adequate food and the right to freedom from hunger, also exist in some of the most economically developed countries. Fundamentally, the roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food, inter alia because of poverty, by large segments of the world's population
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 40
- Paragraph text
- The enjoyment of academic freedom requires the autonomy of institutions of higher education. Autonomy is that degree of self governance necessary for effective decision making by institutions of higher education in relation to their academic work, standards, management and related activities. Self governance, however, must be consistent with systems of public accountability, especially in respect of funding provided by the State. Given the substantial public investments made in higher education, an appropriate balance has to be struck between institutional autonomy and accountability. While there is no single model, institutional arrangements should be fair, just and equitable, and as transparent and participatory as possible.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 54
- Paragraph text
- States parties are obliged to establish "minimum educational standards" to which all educational institutions established in accordance with article 13 (3) and (4) are required to conform. They must also maintain a transparent and effective system to monitor such standards. A State party has no obligation to fund institutions established in accordance with article 13 (3) and (4); however, if a State elects to make a financial contribution to private educational institutions, it must do so without discrimination on any of the prohibited grounds.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 56
- Paragraph text
- In its General Comment 3, the Committee drew attention to the obligation of all States parties to take steps, "individually and through international assistance and cooperation, especially economic and technical", towards the full realization of the rights recognized in the Covenant, such as the right to education. Articles 2 (1) and 23 of the Covenant, Article 56 of the Charter of the United Nations, article 10 of the World Declaration on Education for All, and Part I, paragraph 34 of the Vienna Declaration and Programme of Action all reinforce the obligation of States parties in relation to the provision of international assistance and cooperation for the full realization of the right to education. In relation to the negotiation and ratification of international agreements, States parties should take steps to ensure that these instruments do not adversely impact upon the right to education. Similarly, States parties have an obligation to ensure that their actions as members of international organizations, including international financial institutions, take due account of the right to education.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to education (Art. 13) 1999, para. 59
- Paragraph text
- By way of illustration, violations of article 13 include: the introduction or failure to repeal legislation which discriminates against individuals or groups, on any of the prohibited grounds, in the field of education; the failure to take measures which address de facto educational discrimination; the use of curricula inconsistent with the educational objectives set out in article 13 (1); the failure to maintain a transparent and effective system to monitor conformity with article 13 (1); the failure to introduce, as a matter of priority, primary education which is compulsory and available free to all; the failure to take "deliberate, concrete and targeted" measures towards the progressive realization of secondary, higher and fundamental education in accordance with article 13 (2) (b) (d); the prohibition of private educational institutions; the failure to ensure private educational institutions conform to the "minimum educational standards" required by article 13 (3) and (4); the denial of academic freedom of staff and students; the closure of educational institutions in times of political tension in non conformity with article 4.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 1999
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 57
- Paragraph text
- National health strategies should identify appropriate right to health indicators and benchmarks. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under article 12. States may obtain guidance on appropriate right to health indicators, which should address different aspects of the right to health, from the ongoing work of WHO and the United Nations Children's Fund (UNICEF) in this field. Right to health indicators require disaggregation on the prohibited grounds of discrimination.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to education (Art. 13) 1999, para. 19
- Paragraph text
- [The right to higher education] The third and most significant difference between article 13 (2) (b) and (c) is that while secondary education "shall be made generally available and accessible to all", higher education "shall be made equally accessible to all, on the basis of capacity". According to article 13 (2) (c), higher education is not to be "generally available", but only available "on the basis of capacity". The "capacity" of individuals should be assessed by reference to all their relevant expertise and experience.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- All
- N.A.
- Year
- 1999
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 30
- Paragraph text
- While the Covenant provides for progressive realization and acknowledges the constraints due to the limits of available resources, it also imposes on States parties various obligations which are of immediate effect. States parties have immediate obligations in relation to the right to health, such as the guarantee that the right will be exercised without discrimination of any kind (art. 2.2) and the obligation to take steps (art. 2.1) towards the full realization of article 12. Such steps must be deliberate, concrete and targeted towards the full realization 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
- Person(s) affected
- All
- N.A.
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 9
- Paragraph text
- The notion of "the highest attainable standard of health" in article 12.1 takes into account both the individual's biological and socio-economic preconditions and a State's available resources. There are a number of aspects which cannot be addressed solely within the relationship between States and individuals; in particular, good health cannot be ensured by a State, nor can States provide protection against every possible cause of human ill health. Thus, genetic factors, individual susceptibility to ill health and the adoption of unhealthy or risky lifestyles may play an important role with respect to an individual's health. Consequently, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 10
- Paragraph text
- Since the adoption of the two International Covenants in 1966 the world health situation has changed dramatically and the notion of health has undergone substantial changes and has also widened in scope. More determinants of health are being taken into consideration, such as resource distribution and gender differences. A wider definition of health also takes into account such socially-related concerns as violence and armed conflict. Moreover, formerly unknown diseases, such as Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (HIV/AIDS), and others that have become more widespread, such as cancer, as well as the rapid growth of the world population, have created new obstacles for the realization of the right to health which need to be taken into account when interpreting article 12.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 36
- Paragraph text
- The obligation to fulfil requires States parties, inter alia, to give sufficient recognition to the right to health in the national political and legal systems, preferably by way of legislative implementation, and to adopt a national health policy with a detailed plan for realizing the right to health. States must ensure provision of health care, including immunization programmes against the major infectious diseases, and ensure equal access for all to the underlying determinants of health, such as nutritiously safe food and potable drinking water, basic sanitation and adequate housing and living conditions. Public health infrastructures should provide for sexual and reproductive health services, including safe motherhood, particularly in rural areas. States have to ensure the appropriate training of doctors and other medical personnel, the provision of a sufficient number of hospitals, clinics and other health-related facilities, and the promotion and support of the establishment of institutions providing counselling and mental health services, with due regard to equitable distribution throughout the country. Further obligations include the provision of a public, private or mixed health insurance system which is affordable for all, the promotion of medical research and health education, as well as information campaigns, in particular with respect to HIV/AIDS, sexual and reproductive health, traditional practices, domestic violence, the abuse of alcohol and the use of cigarettes, drugs and other harmful substances. States are also required to adopt measures against environmental and occupational health hazards and against any other threat as demonstrated by epidemiological data. For this purpose they should formulate and implement national policies aimed at reducing and eliminating pollution of air, water and soil, including pollution by heavy metals such as lead from gasoline. Furthermore, States parties are required to formulate, implement and periodically review a coherent national policy to minimize the risk of occupational accidents and diseases, as well as to provide a coherent national policy on occupational safety and health services.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to the highest attainable standard of health (Art. 12) 2000, para. 38
- Paragraph text
- In its General Comment No. 3, the Committee drew attention to the obligation of all States parties to take steps, individually and through international assistance and cooperation, especially economic and technical, towards the full realization of the rights recognized in the Covenant, such as the right to health. In the spirit of article 56 of the Charter of the United Nations, the specific provisions of the Covenant (articles 12, 2.1, 22 and 23) and the Alma-Ata Declaration on primary health care, States parties should recognize the essential role of international cooperation and comply with their commitment to take joint and separate action to achieve the full realization of the right to health. In this regard, States parties are referred to the Alma-Ata Declaration which proclaims that the existing gross inequality in the health status of the people, particularly between developed and developing countries, as well as within countries, is politically, socially and economically unacceptable and is, therefore, of common concern to all countries.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- All
- Year
- 2000
Paragraph
The right to water (Art. 11 and 12) 2002, para. 41
- Paragraph text
- In determining which actions or omissions amount to a violation of the right to water, it is important to distinguish the inability from the unwillingness of a State party to comply with its obligations in relation to the right to water. This follows from articles 11, paragraph 1, and 12, which speak of the right to an adequate standard of living and the right to health, as well as from article 2, paragraph 1, of the Covenant, which obliges each State party to take the necessary steps to the maximum of its available resources. A State which is unwilling to use the maximum of its available resources for the realization of the right to water is in violation of its obligations under the Covenant. If resource constraints render it impossible for a State party to comply fully with its Covenant obligations, it has the burden of justifying that every effort has nevertheless been made to use all available resources at its disposal in order to satisfy, as a matter of priority, the obligations outlined above.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 24
- Paragraph text
- Where water services (such as piped water networks, water tankers, access to rivers and wells) are operated or controlled by third parties, States parties must prevent them from compromising equal, affordable, and physical access to sufficient, safe and acceptable water. To prevent such abuses an effective regulatory system must be established, in conformity with the Covenant and this General Comment, which includes independent monitoring, genuine public participation and imposition of penalties for non-compliance.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2002
Paragraph
The right to water (Art. 11 and 12) 2002, para. 37c
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Person(s) affected
- All
- N.A.
- Year
- 2002
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. 23
- Paragraph text
- Limitations must therefore be proportionate, meaning that the least restrictive measures must be adopted when several types of limitations may be imposed. Limitations must be compatible with the very nature of the rights protected in article 15, paragraph 1 (c), which lies in the protection of the personal link between the author and his/her creation and of the means which are necessary to enable authors to enjoy an adequate standard of living.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- 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. 25
- Paragraph text
- While the Covenant provides for progressive realization and acknowledges constraints based on limits of available resources (art. 2, para. 1), it also imposes on States parties various obligations that are of an immediate effect, including core obligations. Steps taken to fulfil obligations must be deliberate, concrete and targeted towards the full realization of the right of everyone to benefit from the protection of the moral and material benefits resulting from any scientific, literary or artistic production of which he or she is the author.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- 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. 4
- Paragraph text
- The right to benefit from the protection of the moral and material interests resulting from one's scientific, literary and artistic productions seeks to encourage the active contribution of creators to the arts and sciences and to the progress of society as a whole. As such, it is intrinsically linked to the other rights recognized in article 15 of the Covenant, i.e. the right to take part in cultural life (art. 15, para. 1 (a)), the right to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)), and the freedom indispensable for scientific research and creative activity (art. 15, para. 3). The relationship between these rights and article 15, paragraph 1 (c), is at the same time mutually reinforcing and reciprocally limitative. The limitations imposed on the right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary and artistic productions by virtue of these rights will partly be explored in this general comment, partly in separate general comments on article 15, paragraphs 1 (a) and (b) and 3, of the Covenant. As a material safeguard for the freedom of scientific research and creative activity, guaranteed under article 15, paragraph 3 and article 15, paragraph 1 (c), also has an economic dimension and is, therefore, closely linked to the rights to the opportunity to gain one's living by work which one freely chooses (art. 6, para. 1) and to adequate remuneration (art. 7 (a)), and to the human right to an adequate standard of living (art. 11, para. 1). Moreover, the realization of article 15, paragraph 1 (c), is dependent on the enjoyment of other human rights guaranteed in the International Bill of Human Rights and other international and regional instruments, such as the right to own property alone as well as in association with others, the freedom of expression including the freedom to seek, receive and impart information and ideas of all kinds, the right to the full development of the human personality, and rights of cultural participation, including cultural rights of specific groups.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- 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. 6
- Paragraph text
- Article 15, paragraph 1, enumerates, in three paragraphs, three rights covering different aspects of cultural participation, including 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)), without explicitly defining the content and scope of this right. Therefore, each of the elements of article 15, paragraph 1 (c), requires interpretation.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- 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. 8
- Paragraph text
- Although the wording of article 15, paragraph 1 (c), generally refers to the individual creator ("everyone", "he", "author"), the right to benefit from the protection of the moral and material interests resulting from one's scientific, literary or artistic productions can, under certain circumstances, also be enjoyed by groups of individuals or by communities.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2005
Paragraph
The right to social security (Art. 9) 2007, para. 45
- Paragraph text
- The obligation to protect requires that State parties prevent third parties from interfering in any way with the enjoyment of the right to social security. Third parties include individuals, groups, corporations and other entities, as well as agents acting under their authority. The obligation includes, inter alia, adopting the necessary and effective legislative and other measures, for example, to restrain third parties from denying equal access to social security schemes operated by them or by others and imposing unreasonable eligibility conditions; arbitrarily or unreasonably interfering with self-help or customary or traditional arrangements for social security that are consistent with the right to social security; and failing to pay legally required contributions for employees or other beneficiaries into the social security system.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
The right to social security (Art. 9) 2007, para. 77
- Paragraph text
- Any persons or groups who have experienced violations of their right to social security should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of violations of the right to social security should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudspersons, human rights commissions, and similar national human rights institutions should be permitted to address violations of the right. Legal assistance for obtaining remedies should be provided within maximum available resources.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2007
Paragraph
The right to social security (Art. 9) 2007, para. 13
- Paragraph text
- States parties have an obligation to guarantee that health systems are established to provide adequate access to health services for all. In cases in which the health system foresees private or mixed plans, such plans should be affordable, in conformity with the essential elements enunciated in the present general comment. The Committee notes the particular importance of the right to social security in the context of endemic diseases such as HIV/AIDS, tuberculosis and malaria, and the need to provide access to preventive and curative measures.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- All
- N.A.
- Year
- 2007
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 36
- Paragraph text
- In addition to refraining from discriminatory actions, States parties should take concrete, deliberate and targeted measures to ensure that discrimination in the exercise of Covenant rights is eliminated. Individuals and groups of individuals, who may be distinguished by one or more of the prohibited grounds, should be ensured the right to participate in decision-making processes over the selection of such measures. States parties should regularly assess whether the measures chosen are effective in practice.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2009
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 2
- Paragraph text
- Non-discrimination and equality are fundamental components of international human rights law and essential to the exercise and enjoyment of economic, social and cultural rights. Article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights (the Covenant) obliges each State party "to guarantee that the rights enunciated in the present Covenant will be exercised without discrimination of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 19
- Paragraph text
- Applying limitations to the right of everyone to take part in cultural life may be necessary in certain circumstances, in particular in the case of negative practices, including those attributed to customs and traditions, that infringe upon other human rights. Such limitations must pursue a legitimate aim, be compatible with the nature of this right and be strictly necessary for the promotion of general welfare in a democratic society, in accordance with article 4 of the Covenant. Any limitations must therefore be proportionate, meaning that the least restrictive measures must be taken when several types of limitations may be imposed. The Committee also wishes to stress the need to take into consideration existing international human rights standards on limitations that can or cannot be legitimately imposed on rights that are intrinsically linked to the right to take part in cultural life, such as the rights to privacy, to freedom of thought, conscience and religion, to freedom of opinion and expression, to peaceful assembly and to freedom of association.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 48
- Paragraph text
- The right of everyone to take part in cultural life, like the other rights enshrined in the Covenant, imposes three types or levels of obligations on States parties: (a) the obligation to respect; (b) the obligation to protect; and (c) the obligation to fulfil. The obligation to respect requires States parties to refrain from interfering, directly or indirectly, with the enjoyment of the right to take part in cultural life. The obligation to protect requires States parties to take steps to prevent third parties from interfering in the right to take part in cultural life. Lastly, the obligation to fulfil requires States parties to take appropriate legislative, administrative, judicial, budgetary, promotional and other measures aimed at the full realization of the right enshrined in article 15, paragraph 1 (a), of the Covenant.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 49a
- Paragraph text
- [The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of everyone, individually or in association with others or within a community or group:] To freely choose their own cultural identity, to belong or not to belong to a community, and have their choice respected; This includes the right not to be subjected to any form of discrimination based on cultural identity, exclusion or forced assimilation, and the right of all persons to express their cultural identity freely and to exercise their cultural practices and way of life. States parties should consequently ensure that their legislation does not impair the enjoyment of these rights through direct or indirect discrimination.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 49b
- Paragraph text
- [The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of everyone, individually or in association with others or within a community or group:] To enjoy freedom of opinion, freedom of expression in the language or languages of their choice, and the right to seek, receive and impart information and ideas of all kinds and forms including art forms, regardless of frontiers of any kind; This implies the right of all persons to have access to, and to participate in, varied information exchanges, and to have access to cultural goods and services, understood as vectors of identity, values and meaning.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 49c
- Paragraph text
- [The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of everyone, individually or in association with others or within a community or group:] To enjoy the freedom to create, individually, in association with others, or within a community or group, which implies that States parties must abolish censorship of cultural activities in the arts and other forms of expression, if any; This obligation is closely related to the duty of States parties, under article 15, paragraph 3, "to respect the freedom indispensable for scientific research and creative activity".
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 27
- Paragraph text
- The nature of discrimination varies according to context and evolves over time. A flexible approach to the ground of "other status" is thus needed in order to capture other forms of differential treatment that cannot be reasonably and objectively justified and are of a comparable nature to the expressly recognized grounds in article 2, paragraph 2. These additional grounds are commonly recognized when they reflect the experience of social groups that are vulnerable and have suffered and continue to suffer marginalization. The Committee's general comments and concluding observations have recognized various other grounds and these are described in more detail below. However, this list is not intended to be exhaustive. Other possible prohibited grounds could include the denial of a person's legal capacity because he or she is in prison, or is involuntarily interned in a psychiatric institution, or the intersection of two prohibited grounds of discrimination, e.g. where access to a social service is denied on the basis of sex and disability.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 50d
- Paragraph text
- [In many instances, the obligations to respect and to protect freedoms, cultural heritage and diversity are interconnected. Consequently, the obligation to protect is to be understood as requiring States to take measures to prevent third parties from interfering in the exercise of rights listed in paragraph 49 above. In addition, States parties are obliged to:] Promulgate and enforce legislation to prohibit discrimination based on cultural identity, as well as advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence, taking into consideration articles 19 and 20 of the International Covenant on Civil and Political Rights and article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 15
- Paragraph text
- Article 2, paragraph 2, lists the prohibited grounds of discrimination as "race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status". The inclusion of "other status" indicates that this list is not exhaustive and other grounds may be incorporated in this category. The express grounds and a number of implied grounds under "other status" are discussed below. The examples of differential treatment presented in this section are merely illustrative and they are not intended to represent the full scope of possible discriminatory treatment under the relevant prohibited ground, nor a conclusive finding that such differential treatment will amount to discrimination in every situation.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 54a
- Paragraph text
- [The obligation to fulfil requires that States parties must provide all that is necessary for fulfilment of the right to take part in cultural life when individuals or communities are unable, for reasons outside their control, to realize this right for themselves with the means at their disposal. This level of obligation includes, for example:] The enactment of appropriate legislation and the establishment of effective mechanisms allowing persons, individually, in association with others, or within a community or group, to participate effectively in decision-making processes, to claim protection of their right to take part in cultural life, and to claim and receive compensation if their rights have been violated;
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2009
Paragraph
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 75
- Paragraph text
- The Committee notes that, as members of international organizations such as United Nations Educational, Scientific and Cultural Organization (UNESCO), the World Intellectual Property Organization (WIPO), the International Labour Organization (ILO), the Food and Agriculture Organization of the United Nations (FAO), the World Health Organization (WHO) and the World Trade Organization (WTO), States parties have an obligation to adopt whatever measures they can to ensure that the policies and decisions of those organizations in the field of culture and related areas are in conformity with their obligations under the Covenant, in particular the obligations contained in article 15 article 2, paragraph 1, and articles 22 and 23, concerning international assistance and cooperation.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2009
Paragraph
The right to just and favourable conditions of work (Art. 7) 2016, para. 2
- Paragraph text
- The importance of the right to just and favourable conditions of work has yet to be fully realized. Almost 50 years after the adoption of the Covenant, the level of wages in many parts of the world remains low and the gender pay gap is a persistent and global problem. ILO estimates that annually some 330 million people are victims of accidents at work and that there are 2 million work-related fatalities. Almost half of all countries still regulate weekly working hours above the 40-hour work week, with many establishing a 48 hour limit, and some countries have excessively high average working hours. In addition, workers in special economic, free trade and export processing zones are often denied the right to just and favourable conditions of work through non-enforcement of labour legislation.
- Body
- Committee on Social, Economic and Cultural Rights
- Document type
- General Comment / Recommendation
- Topic(s)
- Gender
- Person(s) affected
- All
- Year
- 2016
Paragraph