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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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Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. j | Aug 19, 2019 | Paragraph | Bearing in mind the European Union Council Framework Decision of 19 July 2002 on combating trafficking in human beings the European Union Council Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings and the European Union Council Directive of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities; | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1 | Aug 19, 2019 | Paragraph | 1. Each Party shall provide in its internal law a recovery and reflection period of at least 30 days, when there are reasonable grounds to believe that the person concerned is a victim. Such a period shall be sufficient for the person concerned to recover and escape the influence of traffickers and/or to take an informed decision on cooperating with the competent authorities. During this period it shall not be possible to enforce any expulsion order against him or her. This provision is without prejudice to the activities carried out by the competent authorities in all phases of the relevant national proceedings, and in particular when investigating and prosecuting the offences concerned. During this period, the Parties shall authorise the persons concerned to stay in their territory. | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3 | Aug 19, 2019 | Paragraph | 3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State. | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. undefined | Aug 19, 2019 | Paragraph | At the request of another Party, a Party shall, in accordance with its internal law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for trafficking in human beings. | Council of Europe | Regional treaty |
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| 2005 | ||
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 1f | Aug 19, 2019 | Paragraph | 1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: f. the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition. | Council of Europe | Regional treaty |
|
| 1950 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 6 | Aug 19, 2019 | Paragraph | 6. Each Party shall adopt such legislative or other measures as may be necessary to make available to victims, where appropriate in co-operation with any other Party concerned, contact information of structures that can assist them in the country where they are returned or repatriated, such as law enforcement offices, non-governmental organisations, legal professions able to provide counselling and social welfare agencies. | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. a | Aug 19, 2019 | Paragraph | Each Party shall adopt such measures as may be necessary:
a. To ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. a | Aug 19, 2019 | Paragraph | Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conducts, when committed intentionally and for the purpose of enabling the trafficking in human beings:
a. forging a travel or identity document; | Council of Europe | Regional treaty |
|
| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. b | Aug 19, 2019 | Paragraph | Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conducts, when committed intentionally and for the purpose of enabling the trafficking in human beings:
b. procuring or providing such a document; | Council of Europe | Regional treaty |
|
| 2005 | ||
European Social Charter (Revised) 1996, para. 4 | Aug 19, 2019 | Paragraph | [With a view to ensuring the effective exercise of the right to engage in a gainful occupation in the territory of any other Party, the Parties undertake:
3. to liberalise, individually or collectively, regulations governing the employment of foreign workers; and recognise:]
4. the right of their nationals to leave the country to engage in a gainful occupation in the territories of the other Parties. | Council of Europe | Regional treaty |
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| 1996 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 4 | Aug 19, 2019 | Paragraph | 4. In order to facilitate the return of a victim who is without proper documentation, the Party of which that person is a national or in which he or she had the right of permanent residence at the time of entry into the territory of the receiving Party shall agree to issue, at the request of the receiving Party, such travel documents or other authorisation as may be necessary to enable the person to travel to and re-enter its territory. | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1 | Aug 19, 2019 | Paragraph | 1. Without prejudice to international commitments in relation to the free movement of persons, Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect trafficking in human beings. | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 1 | Aug 19, 2019 | Paragraph | 1. The Party of which a victim is a national or in which that person had the right of permanent residence at the time of entry into the territory of the receiving Party shall, with due regard for his or her rights, safety and dignity, facilitate and accept, his or her return without undue or unreasonable delay. | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 3 | Aug 19, 2019 | Paragraph | 3. At the request of a receiving Party, a requested Party shall verify whether a person is its national or had the right of permanent residence in its territory at the time of entry into the territory of the receiving Party. | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 2 | Aug 19, 2019 | Paragraph | 2. Each Party shall adopt such legislative or other measures as may be necessary to ensure and to offer various kinds of protection. This may include physical protection, relocation, identity change and assistance in obtaining jobs. | Council of Europe | Regional treaty |
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| 2005 | ||
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 1c | Aug 19, 2019 | Paragraph | 1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law: c. the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his committing an offence or fleeing after having done so; | Council of Europe | Regional treaty |
|
| 1950 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. 6 | Aug 19, 2019 | Paragraph | 6. Parties shall strengthen co-operation among border control agencies by, inter alia, establishing and maintaining direct channels of communication. | Council of Europe | Regional treaty |
|
| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. a | Aug 19, 2019 | Paragraph | For the purposes of this Convention:
a. "Trafficking in human beings" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; | Council of Europe | Regional treaty |
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| 2005 | ||
Council of Europe Convention on Action against Trafficking in Human Beings 2005, para. c | Aug 19, 2019 | Paragraph | Each Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences the following conducts, when committed intentionally and for the purpose of enabling the trafficking in human beings:
c. retaining, removing, concealing, damaging or destroying a travel or identity document of another person. | Council of Europe | Regional treaty |
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| 2005 | ||
Return of Persons found not to be in need of International Protection 2003, para. (a) | Aug 19, 2019 | Paragraph | Reaffirms the right of everyone to leave any country, including his or her own, and to return to his or her own country as well as the obligation of States to receive back their own nationals, including the facilitation thereof, and remains seriously concerned, as regards the return of persons found not to be in need of international protection, that some countries continue to restrict the return of their own nationals, either outright or through laws and practices which effectively block expeditious return; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
|
| 2003 | ||
Return of Persons found not to be in need of International Protection 2003, para. (e) i | Aug 19, 2019 | Paragraph | [Calls on States to cooperate regarding the efficient and expeditious return of persons found not to be in need of international protection, to their countries of origin, other countries of nationality or countries with an obligation to receive them back, notably by:] cooperating actively, including through their diplomatic and consular offices, in establishing the identity of persons presumed to have a right to return, as well as determining their nationality , where there is no evidence of nationality in the form of genuine travel or other relevant identity documents for the person concerned; | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
|
| 2003 | ||
Comprehensive and Regional approaches within a Protection framework 1996, para. 3 | Aug 19, 2019 | Paragraph | Recalling its encouragement to the High Commissioner to engage in consultations on possibilities and initiatives in specific areas with complex problems of coerced population movements as well as on achieving the objective of providing international protection to all who need it, | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
|
| 1996 | ||
Legal Safety Issues in the Context of Voluntary Repatriation of Refugees 2004, para. 3 | Aug 19, 2019 | Paragraph | Noting the relevance for voluntary repatriation of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women, | Executive Committee of the Programme of the United Nations High Commissioner for Refugees | ExCom Conclusion |
|
| 2004 | ||
Article 4: States of Emergency 2001, para. 13d | Aug 19, 2019 | Paragraph | [In those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee's opinion cannot be made subject to lawful derogation under article 4. Some illustrative examples are presented below.] As confirmed by the Rome Statute of the International Criminal Court, deportation or forcible transfer of population without grounds permitted under international law, in the form of forced displacement by expulsion or other coercive means from the area in which the persons concerned are lawfully present, constitutes a crime against humanity. The legitimate right to derogate from article 12 of the Covenant during a state of emergency can never be accepted as justifying such measures. | Human Rights Committee
| General Comment / Recommendation |
|
| 2001 | ||
Article 12: Freedom of movement 1999, para. 5 | Aug 19, 2019 | Paragraph | The right to move freely relates to the whole territory of a State, including all parts of federal States. According to article 12, paragraph 1, persons are entitled to move from one place to another, and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place. Any restrictions must be in conformity with paragraph 3. | Human Rights Committee
| General Comment / Recommendation |
|
| 1999 | ||
Article 12: Freedom of movement 1999, para. 2 | Aug 19, 2019 | Paragraph | The permissible limitations which may be imposed on the rights protected under article 12 must not nullify the principle of liberty of movement, and are governed by the requirement of necessity provided for in article 12, paragraph 3, and by the need for consistency with the other rights recognized in the Covenant. | Human Rights Committee
| General Comment / Recommendation |
|
| 1999 | ||
Article 12: Freedom of movement 1999, para. 9 | Aug 19, 2019 | Paragraph | In order to enable the individual to enjoy the rights guaranteed by article 12, paragraph 2, obligations are imposed both on the State of residence and on the State of nationality. Since international travel usually requires appropriate documents, in particular a passport, the right to leave a country must include the right to obtain the necessary travel documents. The issuing of passports is normally incumbent on the State of nationality of the individual. The refusal by a State to issue a passport or prolong its validity for a national residing abroad may deprive this person of the right to leave the country of residence and to travel elsewhere. It is no justification for the State to claim that its national would be able to return to its territory without a passport. | Human Rights Committee
| General Comment / Recommendation |
|
| 1999 | ||
Article 12: Freedom of movement 1999, para. 21 | Aug 19, 2019 | Paragraph | In no case may a person be arbitrarily deprived of the right to enter his or her own country. The reference to the concept of arbitrariness in this context is intended to emphasize that it applies to all State action, legislative, administrative, and judicial; it guarantees that even interference provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the particular circumstances. The Committee considers that there are few, if any, circumstances in which deprivation of the right to enter one's own country could be reasonable. A State party must not, by stripping a person of nationality or by expelling an individual to a third country, arbitrarily prevent this person from returning to his or her own country. | Human Rights Committee
| General Comment / Recommendation |
|
| 1999 | ||
Article 12: Freedom of movement 1999, para. 12 | Aug 19, 2019 | Paragraph | The law itself has to establish the conditions under which the rights may be limited. State reports should therefore specify the legal norms upon which restrictions are founded. Restrictions which are not provided for in the law or are not in conformity with the requirements of article 12, paragraph 3, would violate the rights guaranteed by paragraphs 1 and 2. | Human Rights Committee
| General Comment / Recommendation |
|
| 1999 | ||
Article 12: Freedom of movement 1999, para. 15 | Aug 19, 2019 | Paragraph | The principle of proportionality has to be respected not only in the law that frames the restrictions, but also by the administrative and judicial authorities in applying the law. States should ensure that any proceedings relating to the exercise or restriction of these rights are expeditious and that reasons for the application of restrictive measures are provided. | Human Rights Committee
| General Comment / Recommendation |
|
| 1999 |