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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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Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 64 | Aug 19, 2019 | Paragraph | Religious fundamentalism by non-State actors - and the State's active or tacit encouragement of this - frequently results in violations of the rights to freedom of peaceful assembly and of association. Some prominent Buddhist monks in Myanmar, a Buddhist-majority country, have stirred vicious anger and violence against the Rohingya people, a Muslim minority group that is not recognized by the Government as a distinct ethnic group. The Government has reportedly done little in response, leading to repeated outbreaks of violence targeting Rohingya. Moreover, following riots between Rohingya and Buddhists in Rakhine State, the Government imposed Emergency Act 144 in June 2012, which prevented groups of five or more people from gathering in public areas. The ban was reportedly only enforced against Rohingya. The Special Rapporteur welcomes reports that the state of emergency was lifted in March 2016, but stresses that such blanket bans, especially when enforced against a specific group only, violate the right to freedom of peaceful assembly. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
| 2016 | |||
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 24 | Aug 19, 2019 | Paragraph | In this regard, the Special Rapporteur recalls that the right to freedom of peaceful assembly does not require the issuance of a permit to hold an assembly. If necessary, a mere prior notification, intended for large assemblies or for assemblies at which some degree of disruption is anticipated, may be required. Spontaneous peaceful assemblies, which usually occur in reaction to a specific event - such as the announcement of results - and which by definition cannot be subject to prior notification, should be more tolerated in the context of elections. In addition, the Special Rapporteur considers laws establishing authorization procedures to be even more problematic in the context of elections, as authorization may be arbitrarily denied, especially when demonstrators intend to criticize Government policies. In the Sudan, a peaceful demonstration organized by an independent gubernatorial candidate for the April 2010 elections was curbed by police forces invoking the failure of the organizers to seek permission. Several protestors were arrested and/or injured by security forces. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
| 2013 | |||
Protection of journalists and press freedom 2010, para. 56 | Aug 19, 2019 | Paragraph | Like the former Commission on Human Rights, the Human Rights Council has regularly expressed concern regarding attacks against journalists in resolutions on freedom of expression, including the most recent resolution on the issue, adopted in October 2009 (Council resolution 12/16), in which the Council expressed its continuing concern that threats and acts of violence, including killings, attacks and terrorist acts, particularly directed against journalists and other media workers in situations of armed conflict, have increased and are not adequately punished, in particular in those circumstances where public authorities are involved in committing those acts. The Council called upon States to ensure that victims of such violations have an effective remedy, to investigate effectively threats and acts of violence, including terrorist acts, against journalists, including in situations of armed conflict, and to bring to justice those responsible in order to combat impunity. It also called on all parties to armed conflict to respect international humanitarian law, and to allow, within the framework of applicable rules and procedures, media access and coverage, as appropriate, in situations of international and non international armed conflict. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Protection of journalists and press freedom 2010, para. 53 | Aug 19, 2019 | Paragraph | Hence, as civilians, all journalists, whether accredited to or embedded with the forces involved, attached to adversary forces or operating unilaterally, are provided with comprehensive protection under international humanitarian law during armed conflict, provided they do not directly participate in hostilities. The Special Rapporteur would like to discourage the granting of special protection or special status to journalists under international law, as this would necessitate the formulation of a precise definition of journalists as a protected category and the clearer identification of journalists in armed conflict, both of which could potentially lead to significantly decreased protection for journalists. The former might require journalists to be duly accredited and recognized by some public authority, thus increasing interference by the State, and the latter might place journalists in further danger, since many are targeted precisely because they are journalists, as explained above. Thus, the Special Rapporteur firmly believes that existing standards are sufficient, but that respect for and the implementation of such standards must be strengthened. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 54 | Aug 19, 2019 | Paragraph | States must increase their search and rescue capacity and refrain from pushbacks at land and sea borders. The militarization of border control creates unnecessary suffering and leads to violations of human rights and humanitarian law at borders. States need to develop procedures, guidelines or systems for ensuring that search and rescue is implemented as a paramount objective, taking into account what should be done with those who are rescued. | Special Rapporteur on the human rights of migrants | Special Procedures' report |
| 2017 | |||
SRSG on children and armed conflict: Annual report 2016, para. 7 | Aug 19, 2019 | Paragraph | Parties to conflict must consider the long-term impact of attacks on health care. When a community is recovering from conflict it can take decades to reinstall skilled doctors, nurses, and the physical infrastructure to provide health care. Even a short period of hostilities can have a lasting impact, in particular because efforts to repair damage from attacks are sorely lacking. | Special Representative of the Secretary-General for children and armed conflict | SRSG report |
| 2016 | |||
Reparations to women who have been subjected to violence 2010, para. 46 | Aug 19, 2019 | Paragraph | Under many authoritarian regimes, and more so in situations of large-scale civil strife, violence is often perpetrated with the complicity of non-State actors, including foreign States, members of guerrillas, self-defence groups, corporations and ordinary citizens. Whereas some reparations programmes are embracing these forms of violence, the record of such programmes overall is still quite patchy. | Special Rapporteur on violence against women, its causes and consequences | Special Procedures' report |
| 2010 | |||
Agenda setting of the work of the Special Rapporteur 2015, para. 54 | Aug 19, 2019 | Paragraph | With a view to preventing all forms of trafficking, the Special Rapporteur also intends to develop, through research, thematic studies and other means, an understanding of new and emerging trends in trafficking, such as the consequences and impacts that conflicts and humanitarian crises may have on trafficking, on which there is a dearth of information. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2015 | |||
The right to an effective remedy for trafficked persons 2011, para. 50 | Aug 19, 2019 | Paragraph | Article 7 of the Palermo Protocol requires each State to consider adopting measures that permit trafficked persons "to remain in its territory, temporarily or permanently, in appropriate cases" and to "give appropriate consideration to humanitarian and compassionate factors" in doing so. At a very minimum, this should entail the provision of a reflection and recovery period to allow trafficked persons to regain physical and psychological stability and to reflect on available options. While an increasing number of States, particularly those in Europe, provide for a reflection and recovery period of varying duration, the majority of States still do not yet establish a reflection and recovery period as a legal right of trafficked persons. Even where it is established by law, trafficked persons often do not benefit from such a period, due to a number of obstacles such as the misidentification of trafficked persons, which results in immediate detention and deportation, and the uncertainty regarding the procedures to be followed in granting the reflection and recovery period. Further, a study on the application of the right to residence found that a reflection and recovery period is often confused with temporary residence status. This confusion is highly problematic, as temporary residence status is often tied to the willingness of trafficked persons to cooperate with law enforcement and testify against traffickers, which defeats the very purpose of a reflection and recovery period. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2011 | |||
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 19 | Aug 19, 2019 | Paragraph | The Special Rapporteur contends that the excessive use of force by State agents extraterritorially, resulting in loss of life or injury that meets the threshold for torture or other ill-treatment but occurs in the absence of direct physical control over an individual in the form of custody or detention, must also qualify as constituting authority and control by States (European Court of Human Rights, Andreou v. Turkey). It is imperative that States not be permitted to evade their fundamental obligations on the basis of a spurious distinction based on whether a State exercised direct physical control over an individual before committing the injurious act. In this context, the Special Rapporteur welcomes the judgement of the Inter-American Court of Human Rights in Alejandre v. Cuba finding the State responsible for the shooting down of two civilian aeroplanes flying in international airspace. He likewise welcomes the finding of the European Court in Jaloud v. The Netherlands that the State breached its procedural obligations to investigate the killing of Mr. Jaloud and the pronouncement that the shooting of a vehicle passing a checkpoint in Iraq constituted an exercise of jurisdiction "for the purpose of asserting authority and control over persons passing through the checkpoint". | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
| 2015 | |||
Commissions of inquiry 2012, para. 41 | Aug 19, 2019 | Paragraph | Several contemporary national commissions of inquiry have been established to examine issues concerning State secrets and complicity in torture in the aftermath of the terrorist attacks of 11 September 2001. Two such commissions of inquiry are the Detainee Inquiry in the United Kingdom (commonly known as the Gibson Inquiry) and the Commission of Inquiry into the Actions of Canadian Officials in Relation to Maher Arar, in Canada (also referred to as the Arar Commission). | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
| 2012 | |||
Reflection on a 6-year tenure as Special Rapporteur on the sale of children, child prostitution and child pornography 2014, para. 38 | Aug 19, 2019 | Paragraph | Although research indicates that in 2008-2009, governments managed to maintain social spending and offset the effects of the crisis on the most vulnerable, since 2010, the trend has been reversed. Increased fiscal austerity has led to significant cuts in social spending, including family benefits, pensions and delivery of social services, resulting in negative effects for households. | Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material | Special Procedures' report |
| 2014 | |||
The UN responsibility for the cholera outbreak in Haiti 2016, para. 40 | Aug 19, 2019 | Paragraph | The global media has been systematically critical of the United Nations. For example, the Economist has accused the United Nations of dodging its responsibility, the New York Times argues that it has "failed to face up to its role in [Haiti's] continuing tragedy", Business Insider has referred to the cholera outbreak as "the UN's Watergate", the Washington Post has commented that "by refusing to acknowledge responsibility, the United Nations jeopardizes its standing and moral authority". | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
| 2016 | |||
Use of legislation to regulate activities of human rights defenders 2012, para. 72 | Aug 19, 2019 | Paragraph | A system of derogations is enshrined in various human rights treaties, including the International Covenant on Civil and Political Rights. This permits States to temporarily modify their obligations in exceptional circumstances, such as in times of emergency, including armed conflicts, civil and violent unrest, environmental and natural disasters. | Special Rapporteur on the situation of human rights defenders | Special Procedures' report |
| 2012 | |||
Right to health in conflict situations 2013, para. 55 | Aug 19, 2019 | Paragraph | The majority of contemporary conflicts are non-international armed conflicts involving one or more non-State armed groups. These non-State armed groups may significantly affect the enjoyment of the right to health in conflict. One study has found that non-State armed groups are as likely as State forces to attack or interfere with health facilities, and nearly twice as likely to enter hospitals for illegitimate purposes. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
| 2013 | |||
Right to health in conflict situations 2013, para. 19 | Aug 19, 2019 | Paragraph | Moreover, acceptability requires health facilities, goods and services to be in line with medical ethics. This includes provision of impartial care and services by health professionals to people affected by conflict. Medical impartiality in treating wounded people is also mandated by international humanitarian law. Therefore, health professionals have obligations vis-à-vis provision of health services to people affected and/or involved in conflict. | Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health | Special Procedures' report |
| 2013 | |||
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 34 | Aug 19, 2019 | Paragraph | The Special Rapporteur expresses his utmost concern in relation to peaceful assemblies that were either not allowed or violently dispersed in a number of countries, such as in Bahrain, Belarus, China, Egypt, the Islamic Republic of Iran, Malawi, Malaysia, Sri Lanka and the Syrian Arab Republic. | Special Rapporteur on the rights to freedom of peaceful assembly and association | Special Procedures' report |
| 2012 | |||
Key trends and challenges to the right of all individuals to seek, receive and impart information and ideas of all kinds through the Internet 2011, para. 13 | Aug 19, 2019 | Paragraph | Anyone with access to the Internet can now potentially disseminate information to a global audience. In situations where journalists have limited access, for example during times of humanitarian crises or natural disasters, images recorded on mobile phones or messages posted online by bloggers and social networking sites have played a key role in keeping the international community informed of the situation on the ground. Indeed, with the increased use of Web 2.0 platforms, information is no longer an exclusive preserve of professional journalists, since a far wider range of people take part in gathering, filtering and distributing news. "Crowdsourcing" is one example which exemplifies such a trend. At the same time, traditional communications media, such as television, radio and newspaper, can also use the Internet to expand their audiences at nominal cost. While the increasing relevance and reliance on amateur videos and first-hand account of events posted on the Internet have had a profound effect on the news industry, professional journalists continue to play an indispensable role in researching, organizing and providing analysis and context to news events. The Internet should thus be seen as a complementary medium to mass media that has been based on a one-way transmission of information. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2011 | |||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 99 | Aug 19, 2019 | Paragraph | In the aforementioned resolution, the Security Council also urges all parties involved in situations of conflict to respect the professional independence and rights of journalists, media professionals and associated personnel as civilians. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Groups in need of attention, limitations to the right to freedom of expression, and protection of journalists 2010, para. 97 | Aug 19, 2019 | Paragraph | The Special Rapporteur must also draw attention to the serious risk that exercising freedom of the press in a professional, objective and pluralistic manner constitutes in areas of conflict, where journalists have come to be seen by the parties to the conflict as just another target. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Protection of journalists and press freedom 2010, para. 32 | Aug 19, 2019 | Paragraph | While the provisions under international humanitarian law are not applicable in situations of internal unrest accompanied by violence below the level of that which characterizes an armed conflict, journalists are afforded protection under international human rights law. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
The UN responsibility for the cholera outbreak in Haiti 2016, para. 28 | Aug 19, 2019 | Paragraph | On 3 November 2011, a petition was lodged with MINUSTAH on behalf of some 5,000 cholera victims claiming (a) a fair and impartial hearing; (b) monetary compensation; (c) preventive action by the United Nations; and (d) a public acknowledgement of United Nations responsibility and a public apology. Sixteen months later the Under-Secretary-General for Legal Affairs replied, noting that "the United Nations is extremely saddened by the catastrophic outbreak of cholera, and the Secretary-General has expressed his profound sympathy for the terrible suffering caused by the cholera outbreak". The Under-Secretary-General went on to make what seems to be an indirect reference to the theory that the earthquake that had occurred nine months earlier was the real culprit: "The cholera outbreak was not only an enormous national disaster, but was also a painful reminder of Haiti's vulnerability in the event of a national emergency." After recalling the independent panel's "confluence of circumstances" and no fault findings, the Under-Secretary-General deemed the claims "not receivable pursuant to Section 29 of the 1946 Convention on the Privileges and Immunities of the United Nations". That provision requires the United Nations to provide for appropriate modes of settlement of disputes of a private law character to which it is a party, but the Under-Secretary-General considered the claims not to be of a "private law character" because their consideration "would necessarily include a review of political and policy matters". | Special Rapporteur on extreme poverty and human rights | Special Procedures' report |
| 2016 | |||
Protection of journalists and press freedom 2010, para. 50 | Aug 19, 2019 | Paragraph | During times of conflict, journalists are at a heightened risk of being subjected to arbitrary detention and internment for alleged security reasons. In an international armed conflict, war correspondents, or representatives of the media who are accredited to, and accompany, the armed forces without being members thereof, are entitled to the status and treatment of a prisoner-of-war in case of capture. This is by virtue of the fact that they are formally authorized to accompany the armed forces and aim to keep the closest possible contact with the armed forces and thus inevitably share the fate of the armed forces. Hence, war correspondents benefit from all the protections of the Third Geneva Convention as supplemented by Additional Protocol I and customary international law. All other journalists who fall into the hands of a party to an international armed conflict benefit at least from the protections granted in article 75 of Additional Protocol I, which includes, inter alia, prohibition of violence to life, health or physical or mental well-being, humiliating and degrading treatment, and taking of hostages. They are also entitled to fair trial guarantees in the case of detention for penal offences. In addition, journalists in the hands of a party to the conflict or occupying power of which they are not nationals benefit from the protections granted by the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention). | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2010 | |||
Extra-custodial use of force and the prohibition of torture and other cruel, inhuman or degrading treatment or punishment 2017, para. 44 | Aug 19, 2019 | Paragraph | In Selçuk and Asker v. Turkey, the Court found the unjustified destruction of private homes to be inhuman treatment because it was “premeditated and carried out contemptuously and without respect for the feelings of the applicants”, who “had to stand by and watch the burning of their homes” while inadequate precautions were taken to ensure their safety and no subsequent assistance was provided. | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
| 2017 | |||
The role of digital access providers 2017, para. 16 | Aug 19, 2019 | Paragraph | Shutdowns also affect areas beyond those of specific concern. In the lead up to the 2015 National Day Parade in Pakistan, mobile communications networks were allegedly cut off at the parade site as well as in surrounding areas that were not expected to experience any potential security threat. During the Pope’s visit to the Philippines in 2015, the shutdown of mobile networks for safety reasons affected areas well beyond the travel route. When specific services or platforms are disrupted, governments typically target those that are the most efficient, secure or widely used. | Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression | Special Procedures' report |
| 2017 | |||
SRSG on children and armed conflict: Annual report 2017, para. 33 | Aug 19, 2019 | Paragraph | Since receiving a request from the parties in May 2015, the Special Representative has played an active role in the peace talks between the Government of Colombia and the Revolutionary Armed Forces of Colombia - People's Army. Important progress has been made during the reporting period, which is outlined in the present report in the section on field visits. | Special Representative of the Secretary-General for children and armed conflict | SRSG report |
| 2017 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 39 | Aug 19, 2019 | Paragraph | In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Trafficking in persons in conflict and post-conflict situations 2016, para. 41 | Aug 19, 2019 | Paragraph | In 2015, more than 123,000 United Nations military, police and civilians were deployed in 16 operations around the world to prevent or contain fighting; stabilize post-conflict zones; help implement peace accords; and assist in democratic transitions (see A/70/95-S/2015/446). Other intergovernmental bodies, including the African Union and the North Atlantic Treaty Organization (NATO), also have large numbers of personnel on the ground supporting the maintenance of peace and security, including in post-conflict situations. | Special Rapporteur on trafficking in persons, especially in women and children | Special Procedures' report |
| 2016 | |||
Prohibition of torture and other ill-treatment from an extraterritorial perspective 2015, para. 18 | Aug 19, 2019 | Paragraph | The European Court of Human Rights also recognizes that States are responsible for the physical and mental integrity of persons under their authority, power or control, finding that States' responsibilities "may arise in respect of acts and events [taking place] outside [their] frontiers" and due to the acts of their agents, "whether performed within or outside national boundaries, which produce effects outside their own territory" (Loizidou v. Turkey; mutatis mutandis, M v. Denmark). Such scenarios recognized by the Court include the "exercise [of] authority and control over individuals killed in the course" of security operations by one State on the territory of another State (Al-Skeini v. The United Kingdom); the handover of individuals to the custody of a State's agents abroad (Öcalan v. Turkey); the interception and imposition of control over a ship (and persons therein) in international waters (Jamaa and others v. Italy); the detention of individuals in prisons operated or controlled by the State party abroad (Al-Saadoon and Mufdhi v. The United Kingdom); exercise of control over an area outside national territory as a consequence of military action (Hassan v. The United Kingdom); or the exercise of physical control over an individual, including outside formal detention facilities (Issa and others v. Turkey). Whenever a State exercises control over an individual extraterritorially through its agents, it must secure the substantive rights and freedoms under the Convention that are relevant to the situation of that individual (Al-Skeini). | Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment | Special Procedures' report |
| 2015 | |||
Hate speech and incitement to hatred against minorities in the media 2015, para. 41 | Aug 19, 2019 | Paragraph | Social media is a fertile ground for radical and terrorist groups to spread hateful messages. ISIL uses online platforms, including Twitter, Facebook, Instagram and Youtube, to deliver updates on their actions as well as to reach out to potential donors and recruits, including posting videos and graphic material. The misuse of social media by ISIL has been described by the United Nations High Commissioner for Human Rights as "the product of a perverse and lethal marriage of a new form of nihilism with the digital age". | Special Rapporteur on minority issues | Special Procedures' report |
| 2015 |