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Title | Date added | Template | Original document | Paragraph text | Body | Document type | Thematics | Topic(s) | Person(s) affected | Year |
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African Charter on Democracy, Elections and Governance 2007, para. 10 | Aug 19, 2019 | Paragraph | The objectives of this Charter are to: Promote the establishment of the necessary conditions to foster citizen participation, transparency, access to information, freedom of the press and accountability in the management of public affairs; | African Union | Regional treaty |
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| 2007 | ||
Implementation of article 14 by States parties 2012, para. 46l | Aug 19, 2019 | Paragraph | [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party's evaluation of the effectiveness of such protection. | Committee against Torture | General Comment / Recommendation |
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| 2012 | ||
Implementation of article 2 by States parties 2008, para. 7 | Aug 19, 2019 | Paragraph | The Committee also understands that the concept of "any territory under its jurisdiction," linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State's obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence. | Committee against Torture | General Comment / Recommendation |
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| 2008 | ||
Implementation of article 2 by States parties 2008, para. 4 | Aug 19, 2019 | Paragraph | States parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. States parties also have the obligation continually to keep under review and improve their national laws and performance under the Convention in accordance with the Committee's concluding observations and views adopted on individual communications. If the measures adopted by the State party fail to accomplish the purpose of eradicating acts of torture, the Convention requires that they be revised and/or that new, more effective measures be adopted. Likewise, the Committee's understanding of and recommendations in respect of effective measures are in a process of continual evolution, as, unfortunately, are the methods of torture and ill-treatment. | Committee against Torture | General Comment / Recommendation |
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| 2008 | ||
Implementation of article 2 by States parties 2008, para. 11 | Aug 19, 2019 | Paragraph | By defining the offence of torture as distinct from common assault or other crimes, the Committee considers that States parties will directly advance the Convention's overarching aim of preventing torture and ill-treatment. Naming and defining this crime will promote the Convention's aim, inter alia, by alerting everyone, including perpetrators, victims, and the public, to the special gravity of the crime of torture. Codifying this crime will also (a) emphasize the need for appropriate punishment that takes into account the gravity of the offence, (b) strengthen the deterrent effect of the prohibition itself, (c) enhance the ability of responsible officials to track the specific crime of torture and (d) enable and empower the public to monitor and, when required, to challenge State action as well as State inaction that violates the Convention. | Committee against Torture | General Comment / Recommendation |
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| 2008 | ||
Implementation of article 2 by States parties 2008, para. 12 | Aug 19, 2019 | Paragraph | Through review of successive reports from States parties, the examination of individual communications, and monitoring of developments, the Committee has, in its concluding observations, articulated its understanding of what constitute effective measures, highlights of which we set forth here. In terms of both the principles of general application of article 2 and developments that build upon specific articles of the Convention, the Committee has recommended specific actions designed to enhance each State party's ability swiftly and effectively to implement measures necessary and appropriate to prevent acts of torture and ill-treatment and thereby assist States parties in bringing their law and practice into full compliance with the Convention. | Committee against Torture | General Comment / Recommendation |
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| 2008 | ||
Implementation of article 14 by States parties 2012, para. 46h | Aug 19, 2019 | Paragraph | [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The complaints mechanisms available for victims of torture or ill-treatment, including how such mechanisms are made known and accessible to all victims. States parties should also include data disaggregated by age, gender, nationality, location and alleged violation, on the number of complaints received through such mechanisms. | Committee against Torture | General Comment / Recommendation |
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| 2012 | ||
Implementation of article 14 by States parties 2012, para. 41 | Aug 19, 2019 | Paragraph | The Committee has consistently held that amnesties for the crime of torture are incompatible with the obligations of States parties under the Convention, including under article 14. As was pointed out in general comment No. 2, "amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability." The Committee considers that amnesties for torture and ill-treatment pose impermissible obstacles to a victim in his or her efforts to obtain redress and contribute to a climate of impunity. The Committee therefore calls on States parties to remove any amnesties for torture or ill-treatment. | Committee against Torture | General Comment / Recommendation |
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| 2012 | ||
Implementation of article 14 by States parties 2012, para. 19 | Aug 19, 2019 | Paragraph | Under article 2 of the Convention, States parties shall enact "effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." As clarified by the Committee in its general comment No. 2, "States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4." The failure of States parties to enact legislation that clearly incorporates their obligations under the Convention and criminalizes torture and ill-treatment, and the resulting absences of torture and ill-treatment as criminal offences, obstructs the victim's capacity to access and enjoy his or her rights guaranteed under article 14. | Committee against Torture | General Comment / Recommendation |
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| 2012 | ||
Implementation of article 14 by States parties 2012, para. 46g | Aug 19, 2019 | Paragraph | [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The measures taken to ensure that all victims of torture or ill-treatment are able to exercise and enjoy their rights under article 14. | Committee against Torture | General Comment / Recommendation |
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| 2012 | ||
Implementation of article 14 by States parties 2012, para. 46i | Aug 19, 2019 | Paragraph | [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The measures taken by States parties to ensure that all allegations of torture and ill-treatment are effectively investigated. | Committee against Torture | General Comment / Recommendation |
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| 2012 | ||
Implementation of article 14 by States parties 2012, para. 46j | Aug 19, 2019 | Paragraph | [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The legislation and policy measures designed to positively identify victims of torture in order to provide them with redress. | Committee against Torture | General Comment / Recommendation |
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| 2012 | ||
Implementation of article 2 by States parties 2008, para. 6 | Aug 19, 2019 | Paragraph | The Committee reminds all States parties to the Convention of the non-derogable nature of the obligations undertaken by them in ratifying the Convention. In the aftermath of the attacks of 11 September 2001, the Committee specified that the obligations in articles 2 (whereby "no exceptional circumstances whatsoever…may be invoked as a justification of torture"), 15 (prohibiting confessions extorted by torture being admitted in evidence, except against the torturer), and 16 (prohibiting cruel, inhuman or degrading treatment or punishment) are three such provisions that "must be observed in all circumstances". The Committee considers that articles 3 to 15 are likewise obligatory as applied to both torture and ill-treatment. The Committee recognizes that States parties may choose the measures through which they fulfill these obligations, so long as they are effective and consistent with the object and purpose of the Convention. | Committee against Torture | General Comment / Recommendation |
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| 2008 | ||
Reporting by States Parties 1989, para. 2 | Aug 19, 2019 | Paragraph | A first objective, which is of particular relevance to the initial report required to be submitted within two years of the Covenant's entry into force for the State party concerned, is to ensure that a comprehensive review is undertaken with respect to national legislation, administrative rules and procedures, and practices in an effort to ensure the fullest possible conformity with the Covenant. Such a review might, for example, be undertaken in conjunction with each of the relevant national ministries or other authorities responsible for policy making and implementation in the different fields covered by the Covenant. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 1989 | ||
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. 54 | Aug 19, 2019 | Paragraph | National ombudsmen, human rights commissions, where they exist, and professional associations of authors or similar institutions should address violations of article 15, paragraph 1 (c). | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2005 | ||
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 44 | Aug 19, 2019 | Paragraph | States parties have the duty to take necessary steps to address these challenges in order to prevent a denial of justice and ensure the right to effective remedy and reparation. This requires States parties to remove substantive, procedural and practical barriers to remedies, including by establishing parent company or group liability regimes, providing legal aid and other funding schemes to claimants, enabling human rights-related class actions and public interest litigation, facilitating access to relevant information and the collection of evidence abroad, including witness testimony, and allowing such evidence to be presented in judicial proceedings. The extent to which an effective remedy is available and realistic in the alternative jurisdiction should be an overriding consideration in judicial decisions relying on forum non conveniens considerations. The introduction by corporations of actions to discourage individuals or groups from exercising remedies, for instance by alleging damage to a corporation’s reputation, should not be abused to create a chilling effect on the legitimate exercise of such remedies. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2017 | ||
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. 17 | Aug 19, 2019 | Paragraph | The word "resulting" stresses that authors only benefit from the protection of such moral and material interests which are directly generated by their scientific, literary or artistic productions. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2005 | ||
Harmful practices (joint General Recommendation with CRC) 2014, para. 55a | Aug 19, 2019 | Paragraph | [The Committees recommend that the States parties to the Conventions adopt or amend legislation with a view to effectively addressing and eliminating harmful practices. In doing so, they should ensure:] That the process of drafting legislation is fully inclusive and participatory. For that purpose, they should conduct targeted advocacy and awareness-raising and use social mobilization measures to generate broad public knowledge of and support for the drafting, adoption, dissemination and implementation of the legislation; | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 2014 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 30 | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] [The right to the assistance of counsel and the right to an interpreter] Effectively guaranteeing these rights implies that States parties must set up a system under which counsel and interpreters will be assigned free of charge, together with legal help or advice and interpretation services for persons belonging to the groups referred to in the last paragraph of the preamble. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Combatting racist hate speech 2013, para. 22 | Aug 19, 2019 | Paragraph | Under the terms of article 4 (c) regarding public authorities or public institutions, racist expressions emanating from such authorities or institutions are regarded by the Committee as of particular concern, especially statements attributed to high-ranking officials. Without prejudice to the application of the offences in subparagraphs (a) and (b) of article 4, which apply to public officials as well as to all others, the "immediate and positive measures" referred to in the chapeau may additionally include measures of a disciplinary nature, such as removal from office, where appropriate, as well as effective remedies for victims. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2013 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 22 | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] States parties should ensure the observance of the general principle of proportionality and strict necessity in recourse to force against persons belonging to the groups referred to in the last paragraph of the preamble, in accordance with the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Racial discrimination against people of African descent 2011, para. 39 | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] Take measures to prevent the use of illegal force, torture, inhuman or degrading treatment or discrimination by the police or other law enforcement agencies and officials against people of African descent, especially in connection with arrest and detention, and ensure that people of African descent are not victims of practices of racial or ethnic profiling. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2011 | ||
Overdue reports 1982, para. 5 | Aug 19, 2019 | Paragraph | Noting with regret that neither reminders sent through the Secretary-General to States parties nor the inclusion of the relevant information in the annual reports to the General Assembly has had the desired effect, in all cases, | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 1982 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 18 | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] In countries where there are assistance and compensation plans for victims, States parties should ensure that such plans are available to all victims without discrimination and regardless of their nationality or residential status. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Discrimination against non-citizens 2004, para. 26 | Aug 19, 2019 | Paragraph | [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Ensure that non-citizens are not subject to collective expulsion, in particular in situations where there are insufficient guarantees that the personal circumstances of each of the persons concerned have been taken into account; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Article 4 of the Convention 1993, para. 6 | Aug 19, 2019 | Paragraph | Some States have maintained that in their legal order it is inappropriate to declare illegal an organization before its members have promoted or incited racial discrimination. The Committee is of the opinion that article 4 (b) places a greater burden upon such States to be vigilant in proceeding against such organizations at the earliest moment. These organizations, as well as organized and other propaganda activities, have to be declared illegal and prohibited. Participation in these organizations is, of itself, to be punished. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 1993 | ||
Discrimination against non-citizens 2004, para. 24 | Aug 19, 2019 | Paragraph | [Recommends,] [Based on these general principles, that the States parties to the Convention, as appropriate to their specific circumstances, adopt the following measures:] Regulate the burden of proof in civil proceedings involving discrimination based on race, colour, descent, and national or ethnic origin so that once a non-citizen has established a prima facie case that he or she has been a victim of such discrimination, it shall be for the respondent to provide evidence of an objective and reasonable justification for the differential treatment; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 26b | Aug 19, 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] [Bearing in mind statistics which show that persons held awaiting trial include an excessively high number of non nationals and persons belonging to the groups referred to in the last paragraph of the preamble, States parties should ensure:] That the requirement to deposit a guarantee or financial security in order to obtain release pending trial is applied in a manner appropriate to the situation of persons belonging to such groups, who are often in straitened economic circumstances, so as to prevent this requirement from leading to discrimination against such persons; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Establishment of an international tribunal to prosecute crimes against humanity 1994, para. 2 | Aug 19, 2019 | Paragraph | Convinced that the impunity of the perpetrators is a major factor contributing to the occurrence and recurrence of these crimes, | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 1994 | ||
Article 1, paragraph 1, of the Convention (Descent) 2002, para. (cc) | Aug 19, 2019 | Paragraph | [Recommends that the States parties, as appropriate for their particular circumstances, adopt some or all of the following measures:] Promote awareness among members of the communities of the importance of their active participation in public and political life, and eliminate obstacles to such participation; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2002 |