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The human rights situation in the Syrian Arab Republic 2018, para. undefined
- Paragraph text
- Art. 32. Persons designated in Article 27 who have fallen into the hands of the adverse Party may not be detained. Unless otherwise agreed, they shall have permission to return to their country, or if this is not possible, to the territory of the Party to the conflict in whose service they were, as soon as a route for their return is open and military considerations permit. Pending their release, they shall continue their work under the direction of the adverse Party; they shall preferably be engaged in the care of the wounded and sick of the Party to the conflict in whose service they were. On their departure, they shall take with them their effects personal articles and valuables and the instruments, arms and if possible the means of transport belonging to them. The Parties to the conflict shall secure to this personnel, while in their power, the same food, lodging, allowances and pay as are granted to the corresponding personnel of their armed forces. The food shall in any case be sufficient as regards quantity, quality and variety to keep the said personnel in a normal state of health.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- All
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 8. (2)
- Paragraph text
- Nevertheless, that authority may delegate powers to the highest local authorities to exact forced or compulsory labour which does not involve the removal of the workers from their place of habitual residence. That authority may also delegate, for such periods and subject to such conditions as may be laid down in the regulations provided for in Article 23 of this Convention, powers to the highest local authorities to exact forced or compulsory labour which involves the removal of the workers from their place of habitual residence for the purpose of facilitating the movement of officials of the administration, when on duty, and for the transport of Government stores.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 15. (1)
- Paragraph text
- Any laws or regulations relating to workmen's compensation for accidents or sickness arising out of the employment of the worker and any laws or regulations providing compensation for the dependants of deceased or incapacitated workers which are or shall be in force in the territory concerned shall be equally applicable to persons from whom forced or compulsory labour is exacted and to voluntary workers.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Person(s) affected
- All
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 15. (2)
- Paragraph text
- In any case it shall be an obligation on any authority employing any worker on forced or compulsory labour to ensure the subsistence of any such worker who, by accident or sickness arising out of his employment, is rendered wholly or partially incapable of providing for himself, and to take measures to ensure the maintenance of any persons actually dependent upon such a worker in the event of his incapacity or decease arising out of his employment.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Person(s) affected
- All
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 16. (3)
- Paragraph text
- When such transfer cannot be avoided, measures of gradual habituation to the new conditions of diet and of climate shall be adopted on competent medical advice.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 17. (2)
- Paragraph text
- [Before permitting recourse to forced or compulsory labour for works of construction or maintenance which entail the workers remaining at the workplaces for considerable periods, the competent authority shall satisfy itself] (2) that definite arrangements are made to ensure the subsistence of the families of the workers, in particular by facilitating the remittance, by a safe method, of part of the wages to the family, at the request or with the consent of the workers;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Person(s) affected
- Families
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 17. (3)
- Paragraph text
- [Before permitting recourse to forced or compulsory labour for works of construction or maintenance which entail the workers remaining at the workplaces for considerable periods, the competent authority shall satisfy itself] (3) that the journeys of the workers to and from the workplaces are made at the expense and under the responsibility of the administration, which shall facilitate such journeys by making the fullest use of all available means of transport;
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Person(s) affected
- All
- N.A.
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 17. (5)
- Paragraph text
- [Before permitting recourse to forced or compulsory labour for works of construction or maintenance which entail the workers remaining at the workplaces for considerable periods, the competent authority shall satisfy itself] (5) that any worker who may wish to remain as a voluntary worker at the end of his period of forced or compulsory labour is permitted to do so without, for a period of two years, losing his right to repatriation free of expense to himself.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Person(s) affected
- All
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 18. (1)
- Paragraph text
- Forced or compulsory labour for the transport of persons or goods, such as the labour of porters or boatmen, shall be abolished within the shortest possible period. Meanwhile the competent authority shall promulgate regulations determining, inter alia, (a) that such labour shall only be employed for the purpose of facilitating the movement of officials of the administration, when on duty, or for the transport of Government stores, or, in cases of very urgent necessity, the transport of persons other than officials, (b) that the workers so employed shall be medically certified to be physically fit, where medical examination is possible, and that where such medical examination is not practicable the person employing such workers shall be held responsible for ensuring that they are physically fit and not suffering from any infectious or contagious disease, (c) the maximum load which these workers may carry, (d) the maximum distance from their homes to which they may be taken, (e) the maximum number of days per month or other period for which they may be taken, including the days spent in returning to their homes, and (f) the persons entitled to demand this form of forced or compulsory labour and the extent to which they are entitled to demand it.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- All
- Persons on the move
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 18. (2)
- Paragraph text
- In fixing the maxima referred to under (c), (d) and (e) in the foregoing paragraph, the competent authority shall have regard to all relevant factors, including the physical development of the population from which the workers are recruited, the nature of the country through which they must travel and the climatic conditions.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Person(s) affected
- N.A.
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 19. (1)
- Paragraph text
- 1. The competent authority shall only authorise recourse to compulsory cultivation as a method of precaution against famine or a deficiency of food supplies and always under the condition that the food or produce shall remain the property of the individuals or the community producing it.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Economic Rights
- Food & Nutrition
- Movement
- Person(s) affected
- All
- Year
- 2018
Paragraph
United Nations Declaration on the Rights of Peasants and Other People Working in Rural Areas 2018, para. 24
- Paragraph text
- Adequate measures shall in all cases be taken to ensure that the regulations governing the employment of forced or compulsory labour are strictly applied, either by extending the duties of any existing labour inspectorate which has been established for the inspection of voluntary labour to cover the inspection of forced or compulsory labour or in some other appropriate manner. Measures shall also be taken to ensure that the regulations are brought to the knowledge of persons from whom such labour is exacted.
- Body
- United Nations Human Rights Council
- Document type
- Resolution
- Topic(s)
- Movement
- Person(s) affected
- All
- Year
- 2018
Paragraph
A global call for concrete action for the elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action (2020), para. 10
- Paragraph text
- Deploring the ongoing and resurgent scourges of racism, racial discrimination, xenophobia and related intolerance in many regions of the world, often targeting migrants and refugees, as well as people of African descent, expressing concern that some political leaders and parties have supported such an environment, and in this context expressing its support for migrants and refugees in the context of the severe discrimination that they may face,
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
Paragraph
A global call for concrete action for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action (2019), para. 09
- Paragraph text
- Deploring the ongoing and resurgent scourges of racism, racial discrimination, xenophobia and related intolerance in many regions of the world, often targeting migrants and refugees, as well as people of African descent, expressing concern that some political leaders and parties have supported such an environment, and in this context expressing its support for migrants and refugees in the context of the severe discrimination that they may face,
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
Paragraph
A global call for concrete action for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementationand Programme of Action (2017), para. 52
- Paragraph text
- 26. Deplores the ongoing and resurgent scourges of racism, racial discrimination, xenophobia and related intolerance in many regions of the world, particularly targeting migrants and refugees, as well as people of African descent, expresses concern that political leaders and parties have supported such an environment, and in this context expresses its support for migrants and refugees in the context of the severe discrimination that they may face;
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
Paragraph
A global call for concrete action for the total elimination of racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementationand Programme of Action (2017), para. 53
- Paragraph text
- 27. Requests the President of the General Assembly and the President of the Human Rights Council to continue to convene annual commemorative meetings of the Assembly and the Council during the commemoration of the International Day for the Elimination of Racial Discrimination, with the appropriate focus and themes, and to hold a debate on racial profiling and incitement to hatred, including in the context of migration, with the participation of the Secretary-General and the United Nations High Commissioner for Human Rights, and in this context encourages the participation of eminent personalities active in the struggle against racial discrimination, Member States and civil society organizations in accordance with the rules of procedure of the Assembly and the Council, respectively;
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
Paragraph
A global call for concrete action for the total elimination of racism, racial discrimination, xenophobia and related intoleranceand the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action (2018), para. 08
- Paragraph text
- Deploring the ongoing and resurgent scourges of racism, racial discrimination, xenophobia and related intolerance in many regions of the world, particularly targeting migrants and refugees, as well as people of African descent, expressing concern that political leaders and parties have supported such an environment, and in this context expressing its support for migrants and refugees in the context of the severe discrimination that they may face,
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
Paragraph
A global call for concrete action for the total elimination of racism, racial discrimination, xenophobia and related intoleranceand the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action (2018), para. 52
- Paragraph text
- 24. Welcomes the commemorative plenary meeting of the General Assembly held on 21 March 2017 to mark the International Day for the Elimination of Racial Discrimination, on the theme “Racial profiling and incitement to hatred, including in the context of migration”;
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 23
- Paragraph text
- Trafficked persons are often arrested, detained, charged and even prosecuted for such unlawful activities as entering illegally, working illegally or engaging in prostitution. The vulnerability of trafficked persons to such treatment is often directly linked to their situation: their identity documents may be forged or have been taken away from them, and the exploitative activities in which they are or have been engaged, such as prostitution, soliciting or begging, may be illegal in the State of destination. Criminalization is also possible in countries of origin, where returned victims of trafficking may be penalized for unlawful or unauthorized departure.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- All
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 27
- Paragraph text
- International bodies, including the Open-ended Interim Working Group on Trafficking in Persons, have confirmed non-prosecution of trafficked persons as the relevant international legal standard. The Recommended Principles and Guidelines on Human Rights and Human Trafficking also provide that trafficked persons "are not to be prosecuted for violations of immigration laws or for the activities they are involved in as a direct consequence of their situation as trafficked persons". Both the Human Rights Council and the General Assembly have made similar recommendations, as have regional bodies and instruments.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 33
- Paragraph text
- Indicators, including those developed by the International Labour Organization (ILO), the International Organization for Migration (IOM) and the United Nations Office on Drugs and Crime (UNODC) are increasingly being used as a tool to identify trafficked persons. The Special Rapporteur encourages law enforcement agencies, including police and immigration, to draw on existing indicators in the identification processes.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 41
- Paragraph text
- For example, Canada provides trafficking victims with a 180-day period of reflection and options for obtaining temporary residence permits, including for stays of up to three years. The Netherlands offers a period of reflection of three months that is not conditional on participation in the justice process and provides immigration remedies to foreign trafficking victims, including, in certain circumstances, options for permanent residence status. In accordance with measure No. 7 of its Action Plan to Combat Human Trafficking (2006-2009), Norway affords victims a six-month period of reflection free of conditions, which includes access to assistance and services. Italy does not limit the time given to trafficking victims to recuperate and to decide whether to assist authorities. In addition, foreign child victims receive an automatic residence permit until the age of 18.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 43
- Paragraph text
- The Special Rapporteur is concerned, however, by practices where victims of trafficking are mandatorily detained in shelters. Although the Special Rapporteur recognizes that the motivation for this may be to protect victims, she notes that the routine detention of victims of trafficking violates, in some circumstances, the right to freedom of movement and, in most, if not all, circumstances, the prohibitions on unlawful deprivation of liberty and arbitrary detention. International law absolutely prohibits any discriminatory detention of victims, including detention that is linked to the sex of the victim. The routine detention of women and of children in shelter facilities, for example, is clearly discriminatory and therefore unlawful.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Women
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 55
- Paragraph text
- It should be recalled that these persons are first and foremost victims of trafficking who, by virtue of that status, are entitled to immediate protection and support. International law clearly states that all trafficked persons have a right to protection from further harm, a right to privacy, and a right to physical and psychological care and support. Trafficked persons also have a right to be informed of their legal options and given the time, space and help required to consider those options carefully. In some cases, this may require the regularization of the trafficked person's legal status to allow them access to services and to protect them from deportation.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 89
- Paragraph text
- Laws and policies that do not contain adequate safeguards to prevent the prosecution of trafficking victims for status-related offences must be revised, in particular by taking steps to ensure that they are not prosecuted for offences related to their status as trafficked persons, including sex crimes, begging, working or immigration violations. In addition, it is important that States provide post-conviction remedies, such as the possibility to quash judgements for status-related offences.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A human rights-based approach to the administration of criminal justice in cases of trafficking in persons 2012, para. 100
- Paragraph text
- As States work to adopt a rights-based approach, they should be cognizant of the fact that certain laws and policies may have unintended negative consequences for victims of trafficking. Laws or policies that infringe the right to movement for victims or that impose mandatory detention or rehabilitation in the name of protection are in violation of human rights laws and may deny victims the right to a proper remedy. Care should be taken to enact clear and enforceable legal frameworks that comply with international standards and principles. Such frameworks must take practical constraints into account and be tailored to the State's legal system in order to provide protection and assistance to trafficked persons during the criminal justice process.
- Body
- Special Rapporteur on trafficking in persons, especially in women and children
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- All
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 20
- Paragraph text
- While common images of IDPs often portray them as living compactly in large camps, spontaneous informal settlements or collective IDP centres, the reality is that most IDPs live outside these clearly defined settings, or "outside camps". The expression IDPs outside camps in this report refers to IDPs who may live instead in a variety of settings or situations; they may be in urban, rural, or remote areas, renting, owning a housing, sharing a room, living with a host family, homeless, occupying a building or land that they do not own, or living in makeshift shelters and slums. A number of factors often result in the neglect and virtual "invisibility" of IDPs outside camps, thereby affecting their access to protection, assistance and durable solutions to their displacement. While the importance of the issue has gained increased recognition over the last several years, more concerted attention is necessary, including by the international community, in order to achieve a more equitable humanitarian response and lasting solutions for IDPs outside camps, as well as better support structures to communities which may be hosting them. Such an approach also ensures compliance with international law relating to IDPs, including international humanitarian and human rights law, regional instruments such as the Kampala Convention, and with international standards such as the Guiding Principles, which provide guarantees of non-discrimination and make no distinction between IDPs in or outside camps or other settings.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 21
- Paragraph text
- The following report is intended as a contribution by the Special Rapporteur towards a larger process which will require consultations and the continued engagement of a broad range of stakeholders. It highlights why IDPs outside camps require specific interventions by national authorities, humanitarian and development actors, and details 3 specific areas of focus, namely, IDPs in urban contexts, host communities, and the role of provincial and municipal authorities. This report is also in follow-up to previous work by the mandate on the issue, including: reports to the Human Rights Council which identify this as a key challenge in the field of internal displacement and a priority area for the mandate; steps bringing it to the attention of the wider humanitarian community via the IASC; and specific attention to the issue in the context of country visits by the mandate. Several other areas of special relevance to IDPs outside camps are also mentioned in this report, such as data collection, and suggested for attention by relevant actors.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 24
- Paragraph text
- Numerous guidance tools and coordination structures to respond to the needs of IDPs living in camps, such as the Camp Coordination and Camp Management Cluster, have been developed over the years. By contrast, relatively little exists for IDPs outside camps. A number of factors often converge to focus assistance and attention to IDPs in camp situations. In many case, camps or settlements are constituted spontaneously by mass influxes of IDPs seeking protection and assistance, or in reaction to emergency situations in which immediate and often life-saving responses require concentrated assistance in certain areas (e.g. sites of natural disasters). With the passage of time, however, protracted displacement in artificial camp settings has often given rise to important humanitarian, protection and development concerns, for the IDP population, the country and sometimes for a region as a whole. In some instances, they may even become a pull factor for poor sectors of the population who may move into camps in order to have access to its basic services and assistance, thus compounding the problem.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
A more systematized and equitable response to internally displaced persons outside camps 2012, para. 25
- Paragraph text
- In this regard, weaknesses in response systems, such as the gap between humanitarian, and early recovery and development interventions (which promote durable solutions), have been recognized and are increasingly being discussed. The Special Rapporteur is of the view that in addition to addressing such weaknesses, a more effective and systematized management of IDPs outside camps can also improve the overall response to internal displacement, anchor it within a human rights based approach, and contribute to durable solutions. Moreover, he notes that the benefits of improved responses to IDPs outside camps may become increasingly relevant in the context of global trends such as rapid global urbanization, and climate change induced displacement.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph