Search Tips
sorted by
30 shown of 187 entities
7 columns hidden
Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
---|---|---|---|---|---|---|---|---|---|---|
Implementation of article 14 by States parties 2012, para. 29 | Aug 19, 2019 | Paragraph | The Committee highlights the importance of the State party affirmatively ensuring that victims and their families are adequately informed of their right to pursue redress. In this regard, the procedures for seeking reparation should be transparent. The State party should moreover provide assistance and support to minimize the hardship to complainants and their representatives. Civil proceedings, or other proceedings, should not impose a financial burden upon victims that would prevent or discourage them from seeking redress. Where existing civil proceedings are unable to provide adequate redress to victims, the Committee recommends implementing mechanisms that are readily accessible to victims of torture and ill-treatment, including the establishment of a national fund to provide redress for victims of torture. Special measures should be adopted to ensure access by persons belonging to groups which have been marginalized or made vulnerable. | Committee against Torture | General Comment / Recommendation |
|
| 2012 | ||
Article 7: Torture or cruel, inhuman or degrading treatment or punishment - replaced by GC No. 20 1982, para. 1 | Aug 19, 2019 | Paragraph | In examining the reports of States parties, members of the Committee have often asked for further information under article 7 which prohibits, in the first place, torture or cruel, inhuman or degrading treatment or punishment. The Committee recalls that even in situations of public emergency such as are envisaged by article 4 (1) this provision is non-derogable under article 4 (2). Its purpose is to protect the integrity and dignity of the individual. The Committee notes that it is not sufficient for the implementation of this article to prohibit such treatment or punishment or to make it a crime. Most States have penal provisions which are applicable to cases of torture or similar practices. Because such cases nevertheless occur, it follows from article 7, read together with article 2 of the Covenant, that States must ensure an effective protection through some machinery of control. Complaints about ill-treatment must be investigated effectively by competent authorities. Those found guilty must be held responsible, and the alleged victims must themselves have effective remedies at their disposal, including the right to obtain compensation. Among the safeguards which may make control effective are provisions against detention incommunicado, granting, without prejudice to the investigation, persons such as doctors, lawyers and family members access to the detainees; provisions requiring that detainees should be held in places that are publicly recognized and that their names and places of detention should be entered in a central register available to persons concerned, such as relatives; provisions making confessions or other evidence obtained through torture or other treatment contrary to article 7 inadmissible in court; and measures of training and instruction of law enforcement officials not to apply such treatment. | Human Rights Committee
| General Comment / Recommendation |
|
| 1982 | ||
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 42 | Aug 19, 2019 | Paragraph | Advice and training for all those involved in child protection systems, including the police, prosecuting authorities and the courts, should underline this approach to enforcement of the law. Guidance should also emphasize that article 9 of the Convention requires that any separation of the child from his or her parents must be deemed necessary in the best interests of the child and be subject to judicial review, in accordance with applicable law and procedures, with all interested parties, including the child, represented. Where separation is deemed to be justified, alternatives to placement of the child outside the family should be considered, including removal of the perpetrator, suspended sentencing, and so on. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2006 | ||
Implementation of article 2 by States parties 2008, para. 13 | Aug 19, 2019 | Paragraph | Certain basic guarantees apply to all persons deprived of their liberty. Some of these are specified in the Convention, and the Committee consistently calls upon States parties to use them. The Committee's recommendations concerning effective measures aim to clarify the current baseline and are not exhaustive. Such guarantees include, inter alia, maintaining an official register of detainees, the right of detainees to be informed of their rights, the right promptly to receive independent legal assistance, independent medical assistance, and to contact relatives, the need to establish impartial mechanisms for inspecting and visiting places of detention and confinement, and the availability to detainees and persons at risk of torture and ill-treatment of judicial and other remedies that will allow them to have their complaints promptly and impartially examined, to defend their rights, and to challenge the legality of their detention or treatment. | Committee against Torture | General Comment / Recommendation |
|
| 2008 | ||
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 1 | Aug 19, 2019 | Paragraph | Article 17 provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy, family, home or correspondence as well as against unlawful attacks on his honour and reputation. In the view of the Committee this right is required to be guaranteed against all such interferences and attacks whether they emanate from State authorities or from natural or legal persons. The obligations imposed by this article require the State to adopt legislative and other measures to give effect to the prohibition against such interferences and attacks as well as to the protection of this right. | Human Rights Committee
| General Comment / Recommendation |
|
| 1988 | ||
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 2 | Aug 19, 2019 | Paragraph | In this connection, the Committee wishes to point out that in the reports of States parties to the Covenant the necessary attention is not being given to information concerning the manner in which respect for this right is guaranteed by legislative, administrative or judicial authorities, and in general by the competent organs established in the State. In particular, insufficient attention is paid to the fact that article 17 of the Covenant deals with protection against both unlawful and arbitrary interference. That means that it is precisely in State legislation above all that provision must be made for the protection of the right set forth in that article. At present the reports either say nothing about such legislation or provide insufficient information on the subject. | Human Rights Committee
| General Comment / Recommendation |
|
| 1988 | ||
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 6 | Aug 19, 2019 | Paragraph | The Committee considers that the reports should include information on the authorities and organs set up within the legal system of the State which are competent to authorize interference allowed by the law. It is also indispensable to have information on the authorities which are entitled to exercise control over such interference with strict regard for the law, and to know in what manner and through which organs persons concerned may complain of a violation of the right provided for in article 17 of the Covenant. States should in their reports make clear the extent to which actual practice conforms to the law. State party reports should also contain information on complaints lodged in respect of arbitrary or unlawful interference, and the number of any findings in that regard, as well as the remedies provided in such cases. | Human Rights Committee
| General Comment / Recommendation |
|
| 1988 | ||
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 7 | Aug 19, 2019 | Paragraph | As all persons live in society, the protection of privacy is necessarily relative. However, the competent public authorities should only be able to call for such information relating to an individual's private life the knowledge of which is essential in the interests of society as understood under the Covenant. Accordingly, the Committee recommends that States should indicate in their reports the laws and regulations that govern authorized interferences with private life. | Human Rights Committee
| General Comment / Recommendation |
|
| 1988 | ||
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 11 | Aug 19, 2019 | Paragraph | Article 17 affords protection to personal honour and reputation and States are under an obligation to provide adequate legislation to that end. Provision must also be made for everyone effectively to be able to protect himself against any unlawful attacks that do occur and to have an effective remedy against those responsible. States parties should indicate in their reports to what extent the honour or reputation of individuals is protected by law and how this protection is achieved according to their legal system. | Human Rights Committee
| General Comment / Recommendation |
|
| 1988 | ||
Article 24: Rights of the child 1989, para. 1 | Aug 19, 2019 | Paragraph | Article 24 of the International Covenant on Civil and Political Rights recognizes the right of every child, without any discrimination, to receive from his family, society and the State the protection required by his status as a minor. Consequently, the implementation of this provision entails the adoption of special measures to protect children, in addition to the measures that States are required to take under article 2 to ensure that everyone enjoys the rights provided for in the Covenant. The reports submitted by States parties often seem to underestimate this obligation and supply inadequate information on the way in which children are afforded enjoyment of their right to a special protection. | Human Rights Committee
| General Comment / Recommendation |
|
| 1989 | ||
Article 24: Rights of the child 1989, para. 6 | Aug 19, 2019 | Paragraph | Responsibility for guaranteeing children the necessary protection lies with the family, society and the State. Although the Covenant does not indicate how such responsibility is to be apportioned, it is primarily incumbent on the family, which is interpreted broadly to include all persons composing it in the society of the State party concerned, and particularly on the parents, to create conditions to promote the harmonious development of the child's personality and his enjoyment of the rights recognized in the Covenant. However, since it is quite common for the father and mother to be gainfully employed outside the home, reports by States parties should indicate how society, social institutions and the State are discharging their responsibility to assist the family in ensuring the protection of the child. Moreover, in cases where the parents and the family seriously fail in their duties, ill treat or neglect the child, the State should intervene to restrict parental authority and the child may be separated from his family when circumstances so require. If the marriage is dissolved, steps should be taken, keeping in view the paramount interest of the children, to give them necessary protection and, so far as is possible, to guarantee personal relations with both parents. The Committee considers it useful that reports by States parties should provide information on the special measures of protection adopted to protect children who are abandoned or deprived of their family environment in order to enable them to develop in conditions that most closely resemble those characterizing the family environment. | Human Rights Committee
| General Comment / Recommendation |
|
| 1989 | ||
Article 24: Rights of the child 1989, para. 7 | Aug 19, 2019 | Paragraph | Under article 24, paragraph 2, every child has the right to be registered immediately after birth and to have a name. In the Committee's opinion, this provision should be interpreted as being closely linked to the provision concerning the right to special measures of protection and it is designed to promote recognition of the child's legal personality. Providing for the right to have a name is of special importance in the case of children born out of wedlock. The main purpose of the obligation to register children after birth is to reduce the danger of abduction, sale of or traffic in children, or of other types of treatment that are incompatible with the enjoyment of the rights provided for in the Covenant. Reports by States parties should indicate in detail the measures that ensure the immediate registration of children born in their territory. | Human Rights Committee
| General Comment / Recommendation |
|
| 1989 | ||
Article 24: Rights of the child 1989, para. 8 | Aug 19, 2019 | Paragraph | Special attention should also be paid, in the context of the protection to be granted to children, to the right of every child to acquire a nationality, as provided for in article 24, paragraph 3. While the purpose of this provision is to prevent a child from being afforded less protection by society and the State because he is stateless, it does not necessarily make it an obligation for States to give their nationality to every child born in their territory. However, States are required to adopt every appropriate measure, both internally and in cooperation with other States, to ensure that every child has a nationality when he is born. In this connection, no discrimination with regard to the acquisition of nationality should be admissible under internal law as between legitimate children and children born out of wedlock or of stateless parents or based on the nationality status of one or both of the parents. The measures adopted to ensure that children have a nationality should always be referred to in reports by States parties. | Human Rights Committee
| General Comment / Recommendation |
|
| 1989 | ||
Article 23: Protection of the Family, the Right to Marriage and Equality of the Spouses 1990, para. 1 | Aug 19, 2019 | Paragraph | Article 23 of the International Covenant on Civil and Political Rights recognizes that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Protection of the family and its members is also guaranteed, directly or indirectly, by other provisions of the Covenant. Thus, article 17 establishes a prohibition on arbitrary or unlawful interference with the family. In addition, article 24 of the Covenant specifically addresses the protection of the rights of the child, as such or as a member of a family. In their reports, States parties often fail to give enough information on how the State and society are discharging their obligation to provide protection to the family and the persons composing it. | Human Rights Committee
| General Comment / Recommendation |
|
| 1990 | ||
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 11 | Aug 19, 2019 | Paragraph | In addition to describing steps to provide the general protection against acts prohibited under article 7 to which anyone is entitled, the State party should provide detailed information on safeguards for the special protection of particularly vulnerable persons. It should be noted that keeping under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment is an effective means of preventing cases of torture and ill treatment. To guarantee the effective protection of detained persons, provisions should be made for detainees to be held in places officially recognized as places of detention and for their names and places of detention, as well as for the names of persons responsible for their detention, to be kept in registers readily available and accessible to those concerned, including relatives and friends. To the same effect, the time and place of all interrogations should be recorded, together with the names of all those present and this information should also be available for purposes of judicial or administrative proceedings. Provisions should also be made against incommunicado detention. In that connection, States parties should ensure that any places of detention be free from any equipment liable to be used for inflicting torture or ill treatment. The protection of the detainee also requires that prompt and regular access be given to doctors and lawyers and, under appropriate supervision when the investigation so requires, to family members. | Human Rights Committee
| General Comment / Recommendation |
|
| 1992 | ||
Article 10: Humane treatment of persons deprived of their liberty - replaces general comment 9 (Annex VI, B) 1993, para. 12 | Aug 19, 2019 | Paragraph | In order to determine whether the principle set forth in article 10, paragraph 3, is being fully respected, the Committee also requests information on the specific measures applied during detention, e.g., how convicted persons are dealt with individually and how they are categorized, the disciplinary system, solitary confinement and high-security detention and the conditions under which contacts are ensured with the outside world (family, lawyer, social and medical services, non-governmental organizations). | Human Rights Committee
| General Comment / Recommendation |
|
| 1993 | ||
Article 12: Freedom of movement 1999, para. 17 | Aug 19, 2019 | Paragraph | A major source of concern are the manifold legal and bureaucratic barriers unnecessarily affecting the full enjoyment of the rights of the individuals to move freely, to leave a country, including their own, and to take up residence. Regarding the right to movement within a country, the Committee has criticized provisions requiring individuals to apply for permission to change their residence or to seek the approval of the local authorities of the place of destination, as well as delays in processing such written applications. States' practice presents an even richer array of obstacles making it more difficult to leave the country, in particular for their own nationals. These rules and practices include, inter alia, lack of access for applicants to the competent authorities and lack of information regarding requirements; the requirement to apply for special forms through which the proper application documents for the issuance of a passport can be obtained; the need for supportive statements from employers or family members; exact description of the travel route; issuance of passports only on payment of high fees substantially exceeding the cost of the service rendered by the administration; unreasonable delays in the issuance of travel documents; restrictions on family members travelling together; requirement of a repatriation deposit or a return ticket; requirement of an invitation from the State of destination or from people living there; harassment of applicants, for example by physical intimidation, arrest, loss of employment or expulsion of their children from school or university; refusal to issue a passport because the applicant is said to harm the good name of the country. In the light of these practices, States parties should make sure that all restrictions imposed by them are in full compliance with article 12, paragraph 3. | Human Rights Committee
| General Comment / Recommendation |
|
| 1999 | ||
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 42 | Aug 19, 2019 | Paragraph | Article 14, paragraph 4, provides that in the case of juvenile persons, procedures should take account of their age and the desirability of promoting their rehabilitation. Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14 of the Covenant. In addition, juveniles need special protection. In criminal proceedings they should, in particular, be informed directly of the charges against them and, if appropriate, through their parents or legal guardians, be provided with appropriate assistance in the preparation and presentation of their defence; be tried as soon as possible in a fair hearing in the presence of legal counsel, other appropriate assistance and their parents or legal guardians, unless it is considered not to be in the best interest of the child, in particular taking into account their age or situation. Detention before and during the trial should be avoided to the extent possible. | Human Rights Committee
| General Comment / Recommendation |
|
| 2007 | ||
Article 9: Liberty and security of person 2014, para. 59 | Aug 19, 2019 | Paragraph | Article 10 of the Covenant, which addresses conditions of detention for persons deprived of liberty, complements article 9, which primarily addresses the fact of detention. At the same time, the right to personal security in article 9, paragraph 1, is relevant to the treatment of both detained and non-detained persons. The appropriateness of the conditions prevailing in detention to the purpose of detention is sometimes a factor in determining whether detention is arbitrary within the meaning of article 9. Certain conditions of detention (such as denial of access to counsel and family) may result in procedural violations of paragraphs 3 and 4 of article 9. Article 10, paragraph 2 (b), reinforces for juveniles the requirement in article 9, paragraph 3, that pretrial detainees be brought to trial expeditiously. | Human Rights Committee
| General Comment / Recommendation |
|
| 2014 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 87d | Aug 19, 2019 | Paragraph | [The Committees recommend that the States parties to the Conventions:] Ensure that children participating in legal processes have access to appropriate child-sensitive services to safeguard their rights and safety and to limit the possible negative impacts of the proceedings. Protective action may include limiting the number of times that a victim is required to give a statement and not requiring that individual to face the perpetrator or perpetrators. Other steps may include appointing a guardian ad litem (especially where the perpetrator is a parent or legal guardian) and ensuring that child victims have access to adequate child-sensitive information about the process and fully understand what to expect; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
|
| 2014 | ||
Women’s access to justice 2015, para. 62 | Aug 19, 2019 | Paragraph | The presence of plural justice systems can, in itself, limit women's access to justice by perpetuating and reinforcing discriminatory social norms. In many contexts, the availability of multiple avenues for gaining access to justice within plural justice systems notwithstanding, women are unable to effectively exercise a choice of forum. The Committee has observed that, in some States parties in which systems of family and/or personal law based on customs, religion or community norms coexist alongside civil law systems, individual women may not be as familiar with both systems or at liberty to decide which regime applies to them. | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
|
| 2015 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 19a | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] [States parties should ensure that the system of justice:] Grants a proper place to victims and their families, as well as witnesses, throughout the proceedings, by enabling complainants to be heard by the judges during the examination proceedings and the court hearing, to have access to information, to confront hostile witnesses, to challenge evidence and to be informed of the progress of proceedings; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
|
| 2004 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 37 | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] Punishments targeted exclusively at non nationals that are additional to punishments under ordinary law, such as deportation, expulsion or banning from the country concerned, should be imposed only in exceptional circumstances and in a proportionate manner, for serious reasons related to public order which are stipulated in the law, and should take into account the need to respect the private family life of those concerned and the international protection to which they are entitled. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
|
| 2004 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 41 | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] Lastly, with regard to women and children belonging to the groups referred to in the last paragraph of the preamble, States parties should pay the greatest attention possible with a view to ensuring that such persons benefit from the special regime to which they are entitled in relation to the execution of sentences, bearing in mind the particular difficulties faced by mothers of families and women belonging to certain communities, particularly indigenous communities. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
|
| 2004 | ||
The right of the child to freedom from all forms of violence 2011, para. 54a | Aug 19, 2019 | Paragraph | [Judicial involvement. At all times and in all cases, due process must be respected. In particular, the protection and the further development of the child and his or her best interests (and the best interests of other children where there is a risk of a perpetrator reoffending) must form the primary purpose of decision-making, with regard given to the least intrusive intervention as warranted by the circumstances. Furthermore, the Committee recommends the respect of the following guarantees:] Children and their parents should be promptly and adequately informed by the justice system or other competent authorities (such as the police, immigration, or educational, social or health-care services); | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2011 | ||
Rights of migrant workers in an irregular situation and members of their families 2013, para. 44 | Aug 19, 2019 | Paragraph | This provision also raises the issue of family detention. As a general rule, children and families with children should not be detained and States parties should always give priority to alternatives to detention where children and families are concerned. When family detention is unavoidable, detention of children shall be used "only as a measure of last resort and for the shortest appropriate period of time", in accordance with article 37, paragraph (b), of the Convention on the Rights of the Child. Moreover, the primary consideration in all actions concerning children shall be the best interest of the child standard, as laid down in article 3, paragraph 1, of the Convention on the Rights of the Child. States parties shall ensure that children in detention are treated with humanity and respect for the inherent dignity of the human person and in an age-appropriate manner and are provided with all legal safeguards (Convention on the Rights of the Child, art. 37). States parties shall therefore provide living quarters that are suitable for children and provide adequate access to education, play and leisure facilities, and, in the case of children detained with their parents, in special family units. Children should not be separated from their parents against their will except when such separation is necessary for the best interests of the child (Convention on the Rights of the Child, art. 9, para. 1). Unaccompanied children should be appointed a legal guardian who should be entrusted with the duty to care for the child outside of detention facilities. | Committee on Migrant Workers | General Comment / Recommendation |
|
| 2013 | ||
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 10 | Aug 19, 2019 | Paragraph | The present general comment seeks to ensure the application of and respect for the best interests of the child by the States parties to the Convention. It defines the requirements for due consideration, especially in judicial and administrative decisions as well as in other actions concerning the child as an individual, and at all stages of the adoption of laws, policies, strategies, programmes, plans, budgets, legislative and budgetary initiatives and guidelines - that is, all implementation measures - concerning children in general or as a specific group. The Committee expects that this general comment will guide decisions by all those concerned with children, including parents and caregivers. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 12d | Aug 19, 2019 | Paragraph | [The main objective of this general comment is to strengthen the understanding and application of the right of children to have their best interests assessed and taken as a primary consideration or, in some cases, the paramount consideration (see paragraph 38 below). Its overall objective is to promote a real change in attitudes leading to the full respect of children as rights holders. More specifically, this has implications for:] Guidelines for actions undertaken by persons working with and for children, including parents and caregivers. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 28 | Aug 19, 2019 | Paragraph | In criminal cases, the best interests principle applies to children in conflict (i.e. alleged, accused or recognized as having infringed) or in contact (as victims or witnesses) with the law, as well as children affected by the situation of their parents in conflict with the law. The Committee underlines that protecting the child's best interests means that the traditional objectives of criminal justice, such as repression or retribution, must give way to rehabilitation and restorative justice objectives, when dealing with child offenders. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2013 | ||
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 25 | Aug 19, 2019 | Paragraph | Pursuant to article 12 of the Convention, in determining the measures to be adopted with regard to unaccompanied or separated children, the child's views and wishes should be elicited and taken into account (art. 12 (1)). To allow for a well-informed expression of such views and wishes, it is imperative that such children are provided with all relevant information concerning, for example, their entitlements, services available including means of communication, the asylum process, family tracing and the situation in their country of origin (arts. 13, 17 and 22 (2)). In guardianship, care and accommodation arrangements, and legal representation, children's views should also be taken into account. Such information must be provided in a manner that is appropriate to the maturity and level of understanding of each child. As participation is dependent on reliable communication, where necessary, interpreters should be made available at all stages of the procedure. | Committee on the Rights of the Child | General Comment / Recommendation |
|
| 2005 |