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Article 4: States of Emergency 2001, para. 13d
- Paragraph text
- [In those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee's opinion cannot be made subject to lawful derogation under article 4. Some illustrative examples are presented below.] As confirmed by the Rome Statute of the International Criminal Court, deportation or forcible transfer of population without grounds permitted under international law, in the form of forced displacement by expulsion or other coercive means from the area in which the persons concerned are lawfully present, constitutes a crime against humanity. The legitimate right to derogate from article 12 of the Covenant during a state of emergency can never be accepted as justifying such measures.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 2001
Paragraph
Article 4: States of Emergency 2001, para. 2
- Paragraph text
- Measures derogating from the provisions of the Covenant must be of an exceptional and temporary nature. Before a State moves to invoke article 4, two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation, and the State party must have officially proclaimed a state of emergency. The latter requirement is essential for the maintenance of the principles of legality and rule of law at times when they are most needed. When proclaiming a state of emergency with consequences that could entail derogation from any provision of the Covenant, States must act within their constitutional and other provisions of law that govern such proclamation and the exercise of emergency powers; it is the task of the Committee to monitor the laws in question with respect to whether they enable and secure compliance with article 4. In order that the Committee can perform its task, States parties to the Covenant should include in their reports submitted under article 40 sufficient and precise information about their law and practice in the field of emergency powers.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2001
Paragraph
Article 9: Liberty and security of person 2014, para. 65
- Paragraph text
- Article 9 is not included in the list of non-derogable rights of article 4, paragraph 2, of the Covenant, but there are limits on States parties' power to derogate. States parties derogating from normal procedures required under article 9 in circumstances of armed conflict or other public emergency must ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation. Derogating measures must also be consistent with a State party's other obligations under international law, including provisions of international humanitarian law relating to deprivation of liberty, and non-discriminatory. The prohibitions against taking of hostages, abductions or unacknowledged detention are therefore not subject to derogation.
- Legal status
- Non-negotiated soft law
- Body
- Human Rights Committee
- Document type
- General Comment / Recommendation
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2014
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.
- Legal status
- Non-negotiated soft law
- 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 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.
- Legal status
- Non-negotiated soft law
- 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
The right to freedom of opinion and expression exercised through the Internet 2011, para. 81
- Paragraph text
- When a cyber-attack can be attributed to the State, it clearly constitutes, inter alia, a violation of its obligation to respect the right to freedom of opinion and expression. Although determining the origin of cyber-attacks and the identity of the perpetrator is often technically difficult, it should be noted that States have an obligation to protect individuals against interference by third parties that undermines the enjoyment of the right to freedom of opinion and expression. This positive obligation to protect entails that States must take appropriate and effective measures to investigate actions taken by third parties, hold the persons responsible to account, and adopt measures to prevent such recurrence in the future.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2011
Paragraph
The right to access information 2013, para. 66a
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] There is an overriding public interest in disclosure of information regarding gross violations of human rights or serious violations of international humanitarian law, including crimes under international law, and systematic or widespread violations of the rights to personal liberty and security. Such information may not be withheld on national security grounds in any circumstances;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The right to access information 2013, para. 66b
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] Information regarding other violations of human rights or humanitarian law is subject to a high presumption of disclosure, and in any event may not be withheld on national security grounds in a manner that would prevent accountability for the violations or deprive a victim of access to an effective remedy;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
The right to access information 2013, para. 66c
- Paragraph text
- [The Special Rapporteur wishes to highlight the importance of the references made to the disclosure of information on violations of human rights and humanitarian law, stipulated in section A of principle 10 of the Tshwane Principles, namely:] When a State is undergoing a process of transitional justice, during which the State is especially required to ensure truth, justice, reparation and guarantees of non-recurrence, there is an overriding public interest in disclosure to society as a whole of information regarding human rights violations committed under the past regime. A successor government should immediately protect and preserve the integrity of, and release without delay, any records that contain such information that were concealed by a prior government.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 82
- Paragraph text
- Individuals should have a legal right to be notified that they have been subjected to communications surveillance or that their communications data has been accessed by the State. Recognizing that advance or concurrent notification might jeopardize the effectiveness of the surveillance, individuals should nevertheless be notified once surveillance has been completed and have the possibility to seek redress in respect of the use of communications surveillance measures in their aftermath.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 15
- Paragraph text
- In other cases, violations may arise due to the inability or unwillingness of the State to respond to the actions of non-State actors. The State's failure to protect participants in a peaceful rally against violent, fundamentalist counter-protesters, for example, constitutes a violation of the right to freedom of peaceful assembly. It does not matter if the State does not officially promote the counter-protesters' ideology; it has a positive duty to protect those exercising their right to peaceful assembly, even if they are promoting unpopular positions. Similarly, States may violate their duty to protect by failing to investigate allegations of rights violations and to hold the perpetrators accountable, by ignoring retaliation against victims of violations and by failing to ensure the protection of rights for certain groups.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
Right to health in conflict situations 2013, para. 3
- Paragraph text
- Armed conflict is divided into international armed conflict - where there is "resort to armed force between States", and non-international armed conflict - where there is "protracted violence" involving at least one non-State organized armed group. In both situations, international humanitarian law prescribes rules of conduct for States and non-State organized armed groups that are parties to the conflict. These govern circumstances such as the conduct of hostilities, treatment of prisoners, guarantees of fundamental rights such as access to justice and treatment of civilians and civilian property.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
Right to health in conflict situations 2013, para. 9
- Paragraph text
- States are obliged to utilize the maximum available resources towards the realization of economic social and cultural rights, including the right to health. An aspect of this obligation is that the right to health is progressively realizable. However, due to the destruction or diversion of resources to military or police needs, conflicts often reduce the availability of resources which may, at times, be detrimental to the right to health. Even where resources are available, States may not be able to make use of them due to the insecurity and poor infrastructure in many conflict environments.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
Right to health in conflict situations 2013, para. 16
- Paragraph text
- The obligation to fulfil the right to health by facilitating, providing and promoting conditions conducive to its enjoyment may also be difficult in conflict due to resource constraints or security reasons. States should, however, make available essential and minimum levels of health facilities, goods and services. For instance, States may be obliged to fulfil the right to health by making available ambulances during protests or riots. States may also fulfil the right to health by entering into ceasefire agreements with non-State armed groups to ensure delivery of health services such as immunization and vaccination programmes. States could provide information about traditional medicine and support its use by communities who may be unable to access institutional care due to conflict. In the absence of their own capacity, States should request assistance from other States, civil society and humanitarian organizations, especially to fulfil their core obligations. States should not obstruct humanitarian organizations and practitioners of traditional and community-based medicine from providing health-care services.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
Right to health in conflict situations 2013, para. 61
- Paragraph text
- Accountability is an essential aspect of the right to health framework. It requires independent monitoring, prompt investigations, transparent governance, including collecting and disseminating accurate and complete information to the public, and access to remedies for victims of violations. These requirements are also addressed under international humanitarian law, which obliges States to prevent, investigate and punish violations of international humanitarian law. Clear policies and codes of conduct should be in place within the military, police force, and medical institutions to protect the right to health in conflict.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Humanitarian
- Person(s) affected
- All
- Year
- 2013
Paragraph
Right to health in conflict situations 2013, para. 62
- Paragraph text
- Violations of the right to health in conflict, including attacks on, and interference with, the delivery of health care, are often not fully captured in current monitoring systems. Monitoring of such violations in conflict and post-conflict situations is often poor or incomplete, due to insecurity and lack of systematic data collection and dissemination by States and international organizations. Monitoring mechanisms may focus excessively on high-profile issues such as attacks on international aid workers rather than more common violations such as threats against local workers or damage to underlying determinants. The practice of retaliating against whistleblowers may also mean that health-care workers and affected populations, who are in the best position to report violations of the right to health, may be reluctant to do so for fear of being unable to provide or access medical care.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Person(s) affected
- All
- N.A.
- Year
- 2013
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 5
- Paragraph text
- The right to adequate housing is most clearly recognized by the International Covenant on Economic, Social and Cultural Rights (article 11). The Committee on Economic, Social and Cultural Rights underlined the importance of interpreting the right in broad terms, identifying seven aspects of the right that States must progressively realize: security of tenure; availability of services, materials, facilities and infrastructure; affordability; habitability; accessibility; location; and cultural adequacy. All the aspects and safeguards pertaining to eviction and resettlement derived from the right are relevant to disaster response, as are the human rights principles of participation and non-discrimination and equality.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 34
- Paragraph text
- A number of successful rehabilitation and reconstruction initiatives in Honduras, where undisputed land was available at a reasonable distance from livelihood opportunities and facilities, illustrated how settlement development could be an appropriate means to support disaster-affected populations and introduce better practices in areas such as site planning, house design, use and production of building materials, water supply and sanitation and environmental protection. Cases such as El Progreso and Choluteca also included direct involvement by local authorities working in collaborating with other support institutions as well as members of the beneficiary community, all with the help of unprecedented levels of support from donors and relief organizations.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 37
- Paragraph text
- Given the urgent, crisis nature of post-conflict and post-disaster situations, the approach of collecting and analysing detailed information, and of direct participation by the people affected, may seem difficult to achieve. This approach is likely to contradict powerful humanitarian and political pressures that emphasize speedy resettlement, rebuilding and re-housing. In post-conflict and post-disaster situations, "quick wins" easily become equated with rapid physical delivery, often with scant consideration, or even awareness, of possible counterproductive longer-term consequences. Getting "policy choices" right in the field of land and housing requires, in normal circumstances, the undertaking of complex analytical processes. In the midst of crises, the need for speedy decisions and practical livelihood support-oriented action may run counter to the need for caution and for intensive consultation with those directly affected.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
Paragraph
The right to adequate housing in disaster relief efforts 2011, para. 56
- Paragraph text
- From a human rights perspective, investment in upgrading settlements characterized by grossly inadequate living conditions as part of disaster response is not only legitimate but also indispensable, bearing in mind the obligation of non discrimination and attention to the most vulnerable. Moreover, for principled and pragmatic reasons, in a number of contexts it would be important to address the situation from a longer-term perspective: in the context of Haiti, this means a focus on improving conditions in settlements not damaged by the disaster (provided they are not in disaster-prone areas) but with the same urbanistic and vulnerability characteristics as those affected by it.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 57
- Paragraph text
- Given the lessons of the past two decades, and the institutional reforms already initiated, humanitarian agencies, and one would assume bilateral donors, are now much more aware of the risk of doing unintended long-term harm through well-meaning early action which ends up increasing the vulnerability of the poor. In the area of the right to adequate housing and particularly on the issues of security of tenure, location, cultural adequacy and availability of services, facilities and infrastructure, at least, the time has come for "Do no harm" guidelines to move to a next step where specific tools for timely analysis and proactive interventions ("Do the right thing") are provided at the field level.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2011
Paragraph
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 71
- Paragraph text
- It is also important to supplement data on services used by homeless people with estimates of those who are homeless but do not access services. When homelessness is assessed by counting the number of people sleeping in shelters or using services, improvements in those services may appear to increase the number of homeless, when in fact lower numbers simply reflect some improvements in meeting emergency needs. On the other hand, some cities have denied services as a punitive means of attempting to reduce the numbers of homeless in their jurisdiction. In those cases, lower numbers of people in homeless shelters is evidence of a serious violation of human rights. It is always important, therefore, to look behind numbers. Policies and accountability measures based exclusively on raw numbers are inadequate or incomplete from a human rights standpoint. Raw numbers may perpetuate exclusion and invisibility and fail to identify changes in the nature or experience of homelessness.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
Financialization of housing and the right to adequate housing 2017, para. 67
- Paragraph text
- Policy responses to the financialization of housing have tended to prioritize support for financial institutions over responding to the needs of those whose right to adequate housing is at stake. Spending on bailouts of banks and financial institutions after the 2008 financial crisis far outstripped spending to provide assistance to the victims of the crisis. In fact, many national Governments made substantial cuts to their housing programmes. As noted above, the World Bank continues to promote "financial liberalization" rather than active State intervention in housing provision in emerging economies, despite the evidence that financialization generally increases inequality and fails to address the needs of the millions of households living in situations of homelessness or grossly inadequate informal housing.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Poverty
- Person(s) affected
- All
- Year
- 2017
Paragraph
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 66
- Paragraph text
- State restrictions on assembly and association rights, including the right to strike, frequently exceed parameters set by ILO Convention 87 and decades of case law. In countries where the right to strike is not legally prohibited, Governments attempt to justify restrictions in the name of public order, public security, the threat of terrorism, national interest or economic crisis.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 55
- Paragraph text
- However, during conflict even the most basic and urgent victim protection measures may be difficult to secure. For example, effective protection to the victims of forced marriage and sexual enslavement at the hands of ISIS and Boko Haram is proving challenging. Post-conflict societies may also lack the capacity to undertake necessary risk assessments and provide required protections to victims and potential victims of trafficking due to inadequate or non-existent referral mechanisms. Moreover, trafficking in persons is currently not taken into consideration within existing humanitarian and peacekeeping operations in conflict and post-conflict situations. As a result, many victims and potential victims of trafficking, especially those fleeing conflict, remain undetected, primarily due to lack of trained officials likely to encounter and identify possible victims of trafficking in persons, such as law enforcement, peacekeepers and humanitarian personnel. Victims may also refrain from seeking protection due to the social stigmatization linked to certain forms of trafficking, including sexual exploitation, possible retaliation from traffickers, discrimination or mistrust of authorities.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Trafficking in persons in conflict and post-conflict situations 2016, para. 59
- Paragraph text
- The majority of States have enacted anti-trafficking laws. Of those States that have adopted such laws, 41 per cent have reported no trafficking convictions, or fewer than 10, per year, a figure that reveals the extent of impunity for perpetrators involved in the crime of trafficking in persons, whether government employees, members of the military or peacekeeping, humanitarian and other international personnel during conflict and post-conflict situations. Impunity is a contributing factor to trafficking in persons. The accountability of those who engage in trafficking in persons in situations of armed conflict mitigates the risks of trafficking. In cases where national criminal justice systems fail or lack the jurisdiction to appropriately respond to trafficking, the possibility of international, hybrid or regional courts prosecuting cases of trafficking, within the scope of their jurisdiction, with the possibility of including crimes of human trafficking within the legal statutes of such courts so as to ensure accountability and fight impunity, is a matter under discussion.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2016
Paragraph
Continuum of violence against women from the home to the transnational sphere: the challenges of effective redress 2011, para. 69
- Paragraph text
- At the international level, the International Criminal Court has established mechanisms to ensure that gender-based crimes committed during armed conflict are dealt with appropriately. The Court's Victims and Witnesses Unit provides protection, support and other appropriate assistance to ensure the personal safety, physical and psychological well-being, dignity and privacy of those testifying. The services of the Victims and Witnesses Unit can be requested and provided at all stages of proceedings, from pre-trial/investigation to post-trial. Furthermore, the Court's Trust Fund for Victims is mandated to assist victims and administer court-ordered reparations. At a national level, the Victims and Witnesses Unit of the Special Court for Sierra Leone has developed a comprehensive package of protection and support and, according to follow-up research, witnesses who had been briefed and supported had a largely positive experience of the Court.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Humanitarian
- Person(s) affected
- All
- Year
- 2011
Paragraph
Violence against women: Twenty years of developments to combat violence against women 2014, para. 34
- Paragraph text
- To ensure effective focus on the issue of sexual violence in armed conflict situations and their aftermath, the Security Council suggested that the Secretary-General appoint a special representative to provide coherent and strategic leadership and work effectively to strengthen existing United Nations coordinating mechanisms in addressing sexual violence in such situations. The Security Council urged States to adopt judicial reforms to address sexual violence; investigate all reports of sexual violence; and deploy a team of experts to investigate situations of sexual violence in armed conflict. The Security Council also called for more effective monitoring and reporting of issues of sexual violence within the United Nations system, targeted sanctions and more effective use of periodic field visits by its mechanisms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on violence against women, its causes and consequences
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Violence
- Person(s) affected
- All
- Year
- 2014
Paragraph
Common violations of the human rights to water and sanitation 2014, para. 18
- Paragraph text
- Under the category of direct interference, common violations take the form of (a) unjustifiable or discriminatory denial of access to water or sanitation; (b) unjustifiable disconnection from services (including from prepaid water meters), for example when people are unable to pay and are left without access to even basic services; (c) unjustifiable restrictions on access to water or sanitation, such as latrines and toilets being locked at night or fenced-off water sources; (d) unaffordable increases in pricing; (e) land grabbing or other measures resulting in forced relocation that deprive the affected persons of access to water or sanitation services without an adequate alternative; and (f) destroying or poisoning water facilities or infrastructure during armed conflict, which would violate international humanitarian law.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Water & Sanitation
- Person(s) affected
- All
- Year
- 2014
Paragraph
SRSG on children and armed conflict: Annual report 2016, para. 25
- Paragraph text
- Attacks against schools, teachers and students during armed conflicts are particularly worrying as they interfere with education precisely when it can be of most benefit, not only to teach essential life skills but also to promote respect, tolerance and understanding, all of which are vital for social reconstruction and cohesion. Affected populations often view education as essential to both their short- and long-term well-being, as it helps mitigate the psychological and social impacts of conflict by creating a sense of normality, stability, structure and hope and, therefore, to overcome a crisis. All parties to a conflict have a responsibility to ensure safe access to education. It is essential that there be continuous engagement with non-State armed groups on the protection of education to remind their leadership of their obligations to avoid interfering with education, whether directly or indirectly.
- Legal status
- Non-negotiated soft law
- Body
- Special Representative of the Secretary-General for children and armed conflict
- Document type
- SRSG report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- All
- Year
- 2016
Paragraph