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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
---|---|---|---|---|---|---|---|---|---|---|
The right to inclusive education 2016, para. 34a | Aug 19, 2019 | Paragraph | Blind and partially sighted students must be provided with opportunities to learn Braille, alternative script, augmentative and alternative modes, means and formats of communication, as well as orientation and mobility skills. Investment in access to appropriate technology and alternative communication systems to facilitate learning should be supported. Peer support and mentoring schemes should be introduced and encouraged. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2016 | |||
The right to just and favourable conditions of work (Art. 7) 2016, para. 44 | Aug 19, 2019 | Paragraph | Legislation should identify other forms of leave, in particular entitlements to maternity, paternity and parental leave, to leave for family reasons and to paid sick leave. Workers should not be placed on temporary contracts in order to be excluded from such leave entitlements. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2016 | |||
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. 18b (i) | Aug 19, 2019 | Paragraph | [The right to the protection of the moral and material interests of authors contains the following essential and interrelated elements, the precise application of which will depend on the economic, social and cultural conditions prevailing in a particular State party:] [Accessibility. Administrative, judicial or other appropriate remedies for the protection of the moral and material interests resulting from scientific, literary or artistic productions must be accessible to all authors. Accessibility has four overlapping dimensions:] Physical accessibility: national courts and agencies responsible for the protection of the moral and material interests resulting from the scientific, literary or artistic productions of authors must be at the disposal of all segments of society, including authors with disabilities; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2005 | |||
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. 7 | Aug 19, 2019 | Paragraph | The Committee considers that only the "author", namely the creator, whether man or woman, individual or group of individuals, of scientific, literary or artistic productions, such as, inter alia, writers and artists, can be the beneficiary of the protection of article 15, paragraph 1 (c). This follows from the words "everyone", "he" and "author", which indicate that the drafters of that article seemed to have believed authors of scientific, literary or artistic productions to be natural persons, without at that time realizing that they could also be groups of individuals. Under the existing international treaty protection regimes, legal entities are included among the holders of intellectual property rights. However, as noted above, their entitlements, because of their different nature, are not protected at the level of human rights | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2005 | |||
The right to education (Art. 13) 1999, para. 26 | Aug 19, 2019 | Paragraph | The requirement that "an adequate fellowship system shall be established" should be read with the Covenant's non-discrimination and equality provisions; the fellowship system should enhance equality of educational access for individuals from disadvantaged groups. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 1999 | |||
Combatting racist hate speech 2013, para. 32 | Aug 19, 2019 | Paragraph | The school systems in States parties represent an important focus for the dissemination of human rights information and perspectives. School curricula, textbooks and teaching materials should be informed by and address human rights themes and seek to promote mutual respect and tolerance among nations and racial and ethnic groups. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
| 2013 | |||
Combatting racist hate speech 2013, para. 3 | Aug 19, 2019 | Paragraph | In drafting the recommendation, the Committee has taken account of its extensive practice in combating racist hate speech, concern about which has engaged the full span of procedures under the Convention. The Committee has also underlined the role of racist hate speech in processes leading to mass violations of human rights and genocide, and in conflict situations. Key general recommendations of the Committee that address hate speech include general recommendations No. 7 (1985) relating to the implementation of article 4; No. 15 (1993) on article 4, which stressed the compatibility between article 4 and the right to freedom of expression; No. 25 (2000) on gender-related dimensions of racial discrimination; No. 27 (2000) on discrimination against Roma; No. 29 (2002) on descent; No. 30 (2004) on discrimination against non-citizens; No. 31 (2005) on the prevention of racial discrimination in the administration and functioning of the criminal justice system; and No. 34 (2011) on racial discrimination against people of African descent. Many general recommendations adopted by the Committee relate directly or indirectly to hate speech issues, bearing in mind that effectively combating racist hate speech involves the mobilization of the full normative and procedural resources of the Convention. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
| 2013 | |||
Article 4 of the Convention 1993, para. 5 | Aug 19, 2019 | Paragraph | Article 4 (a) also penalizes the financing of racist activities, which the Committee takes to include all the activities mentioned in paragraph 3 above, that is to say, activities deriving from ethnic as well as racial differences. The Committee calls upon States parties to investigate whether their national law and its implementation meet this requirement. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
| 1993 | |||
Article 9: Liberty and security of person 2014, para. 54 | Aug 19, 2019 | Paragraph | Article 9 also reinforces the obligations of States parties under the Covenant and the Optional Protocol to protect individuals against reprisals for having cooperated or communicated with the Committee, such as physical intimidation or threats to personal liberty. | Human Rights Committee
| General Comment / Recommendation |
| 2014 | |||
Article 9: Liberty and security of person 2014, para. 35 | Aug 19, 2019 | Paragraph | Incommunicado detention that prevents prompt presentation before a judge inherently violates paragraph 3. Depending on its duration and other facts, incommunicado detention may also violate other rights under the Covenant, including articles 6, 7, 10 and 14. States parties should permit and facilitate access to counsel for detainees in criminal cases from the outset of their detention. | Human Rights Committee
| General Comment / Recommendation |
| 2014 | |||
Combatting racist hate speech 2013, para. 46 | Aug 19, 2019 | Paragraph | The prevalence of racist hate speech in all regions of the world continues to represent a significant contemporary challenge for human rights. The faithful implementation of the Convention as a whole, integrated into wider global efforts to counter hate speech phenomena, represents the best hope of translating the vision of a society free from intolerance and hatred into a living reality and promoting a culture of respect for universal human rights. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
| 2013 | |||
Article 12: Freedom of movement 1999, para. 20 | Aug 19, 2019 | Paragraph | The wording of article 12, paragraph 4, does not distinguish between nationals and aliens ("no one"). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase "his own country". The scope of "his own country" is broader than the concept "country of his nationality". It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence. | Human Rights Committee
| General Comment / Recommendation |
| 1999 | |||
Forced evictions 1997, para. 7 | Aug 19, 2019 | Paragraph | Other instances of forced eviction occur in the name of development. Evictions may be carried out in connection with conflict over land rights, development and infrastructure projects, such as the construction of dams or other large scale energy projects, with land acquisition measures associated with urban renewal, housing renovation, city beautification programmes, the clearing of land for agricultural purposes, unbridled speculation in land, or the holding of major sporting events like the Olympic Games. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 1997 | |||
Equal recognition before the law 2014, para. 3 | Aug 19, 2019 | Paragraph | On the basis of the initial reports of various States parties that it has reviewed so far, the Committee observes that there is a general misunderstanding of the exact scope of the obligations of States parties under article 12 of the Convention. Indeed, there has been a general failure to understand that the human rights-based model of disability implies a shift from the substitute decision-making paradigm to one that is based on supported decision-making. The aim of the present general comment is to explore the general obligations deriving from the various components of article 12. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2014 | |||
Accessibility 2014, para. 26 | Aug 19, 2019 | Paragraph | The duty to provide reasonable accommodation is an ex nunc duty, which means that it is enforceable from the moment an individual with an impairment needs it in a given situation, for example, workplace or school, in order to enjoy her or his rights on an equal basis in a particular context. Here, accessibility standards can be an indicator, but may not be taken as prescriptive. Reasonable accommodation can be used as a means of ensuring accessibility for an individual with a disability in a particular situation. Reasonable accommodation seeks to achieve individual justice in the sense that non-discrimination or equality is assured, taking the dignity, autonomy and choices of the individual into account. Thus, a person with a rare impairment might ask for accommodation that falls outside the scope of any accessibility standard. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2014 | |||
The right to inclusive education 2016, para. 61f | Aug 19, 2019 | Paragraph | [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Introduction of comprehensive quality standards for inclusive education and disability-inclusive monitoring mechanisms to track progress in implementation at all levels and ensure that policies and programmes are implemented and backed by the requisite investment. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2016 | |||
The right to inclusive education 2016, para. 53 | Aug 19, 2019 | Paragraph | States parties must take effective measures, to provide habilitation and rehabilitation services within the education system, including healthcare, occupational, physical, social, counselling and other services (article 26). Such services must begin at the earliest stage possible, adopt a multidisciplinary assessment of a student's strengths, and support maximum independence, autonomy, respect of dignity, full physical, mental, social and vocational ability and inclusion and participation in all aspects of life. The Committee stresses the significance of supporting the development of community-based rehabilitation, that addresses early identification, and peer support. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2016 | |||
The right to inclusive education 2016, para. 34d | Aug 19, 2019 | Paragraph | Learners with communication impairments must be provided with the opportunity to express themselves and learn using alternative or augmentative communication. This may include but is not limited to provision of sign language, low or high tech communication aids such as tablets with speech output, voice output communication aids (VOCAS) or communication books. States parties should invest in developing expertise, technology and services in order to promote access to appropriate technology and alternative communication systems to facilitate learning. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2016 | |||
The right to inclusive education 2016, para. 34c | Aug 19, 2019 | Paragraph | Students who are blind, deaf or deafblind must be provided with education delivered in the most appropriate languages and modes and means of communication for the individual, and in environments which maximize personal, academic and social development both within and outside formal school settings. The Committee emphasises that for such inclusive environments to occur, States parties should provide the required support, including by way of resources, assisted technology, and provision of orientation and mobility skills. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2016 | |||
The right to inclusive education 2016, para. 32 | Aug 19, 2019 | Paragraph | Paragraph 2 (e) requires that adequate continuous personalised support is provided directly. The Committee emphasizes the necessity for the provision of individualised education plans, which can identify the reasonable accommodations and specific support required for an individual student, including the provision of assistive compensatory aids, specific learning materials in alternative/accessible formats, modes and means of communication, and communication aids and assistive and information technology. Support can also consist of a qualified learning support assistant, either shared or on a one-to-one basis, depending on the requirements of the student. Individualized education plans must address the transitions experienced by the learners from segregated settings and between levels of education. Effectiveness of these plans should be regularly monitored and evaluated with the direct involvement of the learner concerned. The nature of provision must be determined in collaboration with the student, together, where appropriate, with the parents or caregivers/third parties. The learner must have access to recourse mechanisms if the support is unavailable or inadequate. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
| 2016 | |||
The right to sexual and reproductive health (Art. 12) 2016, para. 49e | Aug 19, 2019 | Paragraph | [States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence, as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA). The core obligations include at least the following:] To take measures to prevent unsafe abortions and to provide post-abortion care and counselling for those in need; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2016 | |||
The right to sexual and reproductive health (Art. 12) 2016, para. 34 | Aug 19, 2019 | Paragraph | States parties are under immediate obligation to eliminate discrimination against individuals and groups and to guarantee their equal right to sexual and reproductive health. This requires States to repeal or reform laws and policies that nullify or impair the ability of certain individuals and groups to realize their right to sexual and reproductive health. There exists a wide range of laws, policies and practices that undermine autonomy and right to equality and non-discrimination in the full enjoyment of the right to sexual and reproductive health, for example criminalization of abortion or restrictive abortion laws. States parties should also ensure that all individuals and groups have equal access to the full range of sexual and reproductive health information, goods and services, including by removing all barriers that particular groups may face. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2016 | |||
The right to sexual and reproductive health (Art. 12) 2016, para. 33 | Aug 19, 2019 | Paragraph | As prescribed by article 2 (1) of the Covenant, States parties must take steps, to the maximum of their available resources, with a view to achieving progressively the full realization of the right to sexual and reproductive health. States parties must move as expeditiously and effectively as possible towards the full realization of the highest attainable standard of sexual and reproductive health. This means that, while full realization of the goal may be achieved progressively, steps towards it must be taken immediately or within a reasonably short period of time. Such steps should be deliberate, concrete and targeted, using all appropriate means, particularly including, but not limited to, the adoption of legislative and budgetary measures. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2016 | |||
The right to just and favourable conditions of work (Art. 7) 2016, para. 48 | Aug 19, 2019 | Paragraph | All workers should be free from physical and mental harassment, including sexual harassment. Legislation, such as anti-discrimination laws, the penal code and labour legislation, should define harassment broadly, with explicit reference to sexual and other forms of harassment, such as on the basis of sex, disability, race, sexual orientation, gender identity and intersex status. A specific definition of sexual harassment in the workplace is appropriate, and legislation should criminalize and punish sexual harassment as appropriate. A national policy to be applied in the workplace, in both the public and private sectors, should include at least the following elements: (a) explicit coverage of harassment by and against any worker; (b) prohibition of certain acts that constitute harassment, including sexual harassment; (c) identification of specific duties of employers, managers, supervisors and workers to prevent and, where relevant, resolve and remedy harassment cases; (d) access to justice for victims, including through free legal aid; (e) compulsory training for all staff, including for managers and supervisors; (f) protection of victims, including the provision of focal points to assist them, as well as avenues of complaint and redress; (g) explicit prohibition of reprisals; (h) procedures for notification and reporting to a central public authority of claims of sexual harassment and their resolution; (i) provision of a clearly visible workplace-specific policy, developed in consultation with workers, employers and their representative organizations, and other relevant stakeholders such as civil society organizations. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2016 | |||
The right to work (Art. 6) 2005, para. 31c | Aug 19, 2019 | Paragraph | [In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this "core obligation" encompasses the obligation to ensure non discrimination and equal protection of employment. Discrimination in the field of employment comprises a broad cluster of violations affecting all stages of life, from basic education to retirement, and can have a considerable impact on the work situation of individuals and groups. Accordingly, these core obligations include at least the following requirements:] To adopt and implement a national employment strategy and plan of action based on and addressing the concerns of all workers on the basis of a participatory and transparent process that includes employers' and workers' organizations. Such an employment strategy and plan of action should target disadvantaged and marginalized individuals and groups in particular and include indicators and benchmarks by which progress in relation to the right to work can be measured and periodically reviewed. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2005 | |||
The right to work (Art. 6) 2005, para. 31b | Aug 19, 2019 | Paragraph | [In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this "core obligation" encompasses the obligation to ensure non discrimination and equal protection of employment. Discrimination in the field of employment comprises a broad cluster of violations affecting all stages of life, from basic education to retirement, and can have a considerable impact on the work situation of individuals and groups. Accordingly, these core obligations include at least the following requirements:] To avoid any measure that results in discrimination and unequal treatment in the private and public sectors of disadvantaged and marginalized individuals and groups or in weakening mechanisms for the protection of such individuals and groups; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2005 | |||
The right to work (Art. 6) 2005, para. 31a | Aug 19, 2019 | Paragraph | [In general comment No. 3 (1990) the Committee confirms that States parties have a core obligation to ensure the satisfaction of minimum essential levels of each of the rights covered by the Covenant. In the context of article 6, this "core obligation" encompasses the obligation to ensure non discrimination and equal protection of employment. Discrimination in the field of employment comprises a broad cluster of violations affecting all stages of life, from basic education to retirement, and can have a considerable impact on the work situation of individuals and groups. Accordingly, these core obligations include at least the following requirements:] To ensure the right of access to employment, especially for disadvantaged and marginalized individuals and groups, permitting them to live a life of dignity; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2005 | |||
The right to the highest attainable standard of health (Art. 12) 2000, para. 59 | Aug 19, 2019 | Paragraph | Any person or group victim of a violation of the right to health should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations should be entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, consumer forums, patients' rights associations or similar institutions should address violations of the right to health. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 2000 | |||
The right to education (Art. 13) 1999, para. 16a | Aug 19, 2019 | Paragraph | [An introduction to technology and to the world of work should not be confined to specific TVE programmes but should be understood as a component of general education. According to the UNESCO Convention on Technical and Vocational Education (1989), TVE consists of "all forms and levels of the educational process involving, in addition to general knowledge, the study of technologies and related sciences and the acquisition of practical skills, know-how, attitudes and understanding relating to occupations in the various sectors of economic and social life" (art. 1 (a)). This view is also reflected in certain ILO Conventions. Understood in this way, the right to TVE includes the following aspects:] It enables students to acquire knowledge and skills which contribute to their personal development, self-reliance and employability and enhances the productivity of their families and communities, including the State party's economic and social development; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 1999 | |||
The right to education (Art. 13) 1999, para. 4 | Aug 19, 2019 | Paragraph | States parties agree that all education, whether public or private, formal or non formal, shall be directed towards the aims and objectives identified in article 13 (1). The Committee notes that these educational objectives reflect the fundamental purposes and principles of the United Nations as enshrined in Articles 1 and 2 of the Charter. For the most part, they are also found in article 26 (2) of the Universal Declaration of Human Rights, although article 13 (1) adds to the Declaration in three respects: education shall be directed to the human personality's "sense of dignity", it shall "enable all persons to participate effectively in a free society", and it shall promote understanding among all "ethnic" groups, as well as nations and racial and religious groups. Of those educational objectives which are common to article 26 (2) of the Universal Declaration of Human Rights and article 13 (1) of the Covenant, perhaps the most fundamental is that "education shall be directed to the full development of the human personality". | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
| 1999 |