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Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 3
- Paragraph text
- The term "unlawful" means that no interference can take place except in cases envisaged by the law. Interference authorized by States can only take place on the basis of law, which itself must comply with the provisions, aims and objectives of the Covenant.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 1988
Párrafo
Article 23: Protection of the Family, the Right to Marriage and Equality of the Spouses 1990, para. 6
- Paragraph text
- Article 23, paragraph 4, of the Covenant provides that States parties shall take appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage, during marriage and at its dissolution.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 1990
Párrafo
Article 9: Liberty and security of person 2014, para. 16
- Paragraph text
- Egregious examples of arbitrary detention include detaining family members of an alleged criminal who are not themselves accused of any wrongdoing, the holding of hostages and arrests for the purpose of extorting bribes or other similar criminal purposes.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2014
Párrafo
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 9
- Paragraph text
- States parties are under a duty themselves not to engage in interferences inconsistent with article 17 of the Covenant and to provide the legislative framework prohibiting such acts by natural or legal persons.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 1988
Párrafo
Equality in marriage and family relations 1994, para. 39
- Paragraph text
- States parties should also require the registration of all marriages whether contracted civilly or according to custom or religious law. The State can thereby ensure compliance with the Convention and establish equality between partners, a minimum age for marriage, prohibition of bigamy and polygamy and the protection of the rights of children.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Año
- 1994
Párrafo
Economic consequences of marriage, family relations and their dissolution 2013, para. 11
- Paragraph text
- States parties should guarantee equality between women and men in their constitutions and should eliminate any constitutional exemptions that would serve to protect or preserve discriminatory laws and practices with regard to family relations.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Discrimination against Women
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Families
- Men
- Women
- Año
- 2013
Párrafo
The right to just and favourable conditions of work (Art. 7) 2016, para. 19
- Paragraph text
- A minimum wage is "the minimum amount of remuneration that an employer is required to pay wage earners for the work performed during a given period, which cannot be reduced by collective agreement or an individual contract". It provides a means of ensuring remuneration for a decent living for workers and their families.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Personas afectadas
- Families
- Año
- 2016
Párrafo
The right of the child to freedom from all forms of violence 2011, para. 55a
- Paragraph text
- [Judicial involvement may consist of the following:] Differentiated and mediated responses such as family group conferencing, alternative dispute-resolution mechanisms, restorative justice and kith and kin agreements (where processes are human-rights respecting, accountable and managed by trained facilitators);
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 29
- Paragraph text
- Under article 16, paragraph 6, the guarantees of certain rights of migrant workers and members of their families in custody and pretrial detention are applicable to anyone suspected of committing or having committed a crime.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
HIV/AIDS and the rights of the children 2003, para. 24
- Paragraph text
- States parties must protect the confidentiality of HIV test results, consistent with the obligation to protect the right to privacy of children (art. 16), including within health and social welfare settings, and information on the HIV status of children may not be disclosed to third parties, including parents, without the child's consent.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Children
- Families
- Año
- 2003
Párrafo
Implementing child rights in early childhood 2006, para. 20a
- Paragraph text
- An integrated approach would include interventions that impact indirectly on parents' ability to promote the best interests of children (e.g. taxation and benefits, adequate housing, working hours) as well as those that have more immediate consequences (e.g. perinatal health services for mother and baby, parent education, home visitors);
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Children
- Families
- Año
- 2006
Párrafo
Implementing child rights in early childhood 2006, para. 29b
- Paragraph text
- In planning for early childhood, States parties should at all times aim to provide programmes that complement the parents' role and are developed as far as possible in partnership with parents, including through active cooperation between parents, professionals and others in developing "the child's personality, talents and mental and physical abilities to their fullest potential" (art. 29.1 (a)).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Children
- Families
- Año
- 2006
Párrafo
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 30
- Paragraph text
- Health-seeking behaviour is shaped by the environment in which it takes place, including, inter alia, the availability of services, levels of health knowledge, life skills and values. States should seek to ensure an enabling environment to encourage appropriate health-seeking behaviour by parents and children.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Children
- Families
- Año
- 2013
Párrafo
Implementing child rights in early childhood 2006, para. 20b
- Paragraph text
- Providing adequate assistance should take account of the new roles and skills required of parents, as well as the ways that demands and pressures shift during early childhood for example, as children become more mobile, more verbally communicative, more socially competent, and as they begin to participate in programmes of care and education;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Education
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Año
- 2006
Párrafo
Children’s rights in juvenile justice 2007, para. 9
- Paragraph text
- In addition, behaviour such as vagrancy, roaming the streets or runaways should be dealt with through the implementation of child protective measures, including effective support for parents and/or other caregivers and measures which address the root causes of this behaviour.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2007
Párrafo
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 85
- Paragraph text
- In the absence of the availability of care provided by parents or members of the extended family, return to the country of origin should, in principle, not take place without advance secure and concrete arrangements of care and custodial responsibilities upon return to the country of origin.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Personas afectadas
- Children
- Families
- Año
- 2005
Párrafo
The right of the child to be heard 2009, para. 134h
- Paragraph text
- [All processes in which a child or children are heard and participate, must be:] Safe and sensitive to risk - in certain situations, expression of views may involve risks. Adults have a responsibility towards the children with whom they work and must take every precaution to minimize the risk to children of violence, exploitation or any other negative consequence of their participation. Action necessary to provide appropriate protection will include the development of a clear child-protection strategy which recognizes the particular risks faced by some groups of children, and the extra barriers they face in obtaining help. Children must be aware of their right to be protected from harm and know where to go for help if needed. Investment in working with families and communities is important in order to build understanding of the value and implications of participation, and to minimize the risks to which children may otherwise be exposed;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2009
Párrafo
The right of the child to be heard 2009, para. 134c
- Paragraph text
- [All processes in which a child or children are heard and participate, must be:] Respectful - children's views have to be treated with respect and they should be provided with opportunities to initiate ideas and activities. Adults working with children should acknowledge, respect and build on good examples of children's participation, for instance, in their contributions to the family, school, culture and the work environment. They also need an understanding of the socio-economic, environmental and cultural context of children's lives. Persons and organizations working for and with children should also respect children's views with regard to participation in public events;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Año
- 2009
Párrafo
The right of the child to freedom from all forms of violence 2011, para. 34
- Paragraph text
- Definition of care settings. Care settings are places where children spend time under the supervision of their "permanent" primary caregiver (such as a parent or guardian) or a proxy or "temporary" caregiver (such as a teacher or youth group leader) for periods of time which are short-term, long-term, repeated or once only. Children will often pass between caregiving settings with great frequency and flexibility but their safety in transit between these settings is still the responsibility of the primary caregiver - either directly, or via coordination and cooperation with a proxy caregiver (for example to and from school or when fetching water, fuel, food or fodder for animals). Children are also considered to be "in the care of" a primary or proxy caregiver while they are physically unsupervised within a care setting, for example while playing out of sight or surfing the Internet unsupervised. Usual care settings include family homes, schools and other educational institutions, early childhood care settings, after-school care centres, leisure, sports, cultural and recreational facilities, religious institutions and places of worship. In medical, rehabilitative and care facilities, at the workplace and in justice settings children are in the custody of professionals or State actors, who must observe the best interests of the child and ensure his or her rights to protection, well-being and development. A third type of setting in which children's protection, well-being and development also must be secured, are neighbourhoods, communities and camps or settlements for refugees and people displaced by conflict and/or natural disasters.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Social & Cultural Rights
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 57
- Paragraph text
- Adolescents' health outcomes are predominantly a consequence of social and economic determinants and structural inequalities, mediated by behaviour and activity, at the individual, peer, family, school, community and societal levels. Accordingly, States parties, in collaboration with adolescents, should undertake comprehensive multi-stakeholder reviews of the nature and extent of adolescent health problems and the barriers they face in gaining access to services, as a basis for future comprehensive health policies, programmes and public health strategies.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Adolescents
- Children
- Families
- Año
- 2016
Párrafo
The right of the child to freedom from all forms of violence 2011, para. 35
- Paragraph text
- Children without obvious primary or proxy caregivers. Article 19 also applies to children without a primary or proxy caregiver or another person who is entrusted with the protection and well-being of the child such as, for instance, children in child-headed households, children in street situations, children of migrating parents or unaccompanied children outside their country of origin. The State party is obliged to take responsibility as the de facto caregiver or the one "who has the care of the child", even if these children are not within the context of physical care settings such as foster homes, group homes or NGO facilities. The State party is under the obligation "to ensure the child such protection and care as is necessary for his or her well-being" (art. 3, para. 2) and to "ensure alternative care" to "a child temporarily or permanently deprived of his or her family environment" (art. 20). There are different ways to guarantee the rights of these children, preferably in family-like care arrangements, which must be carefully examined with respect to the risk of these children being exposed to violence.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Social & Cultural Rights
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
The right of the child to freedom from all forms of violence 2011, para. 3h
- Paragraph text
- [Overview. The general comment is based on the following fundamental assumptions and observations:] The Committee recognizes the primary position of families, including extended families, in child caregiving and protection and in the prevention of violence. Nevertheless, the Committee also recognizes that the majority of violence takes place in the context of families and that intervention and support are therefore required when children become the victims of hardship and distress imposed on, or generated in, families;
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 64
- Paragraph text
- Adolescents are more likely to be initiated into drug use and can be at a higher risk of drug-related harm than adults, and drug use initiated in adolescence more often leads to dependence. Those identified at greatest risk of drug-related harm are adolescents in street situations, those excluded from school, those with histories of trauma, family breakdown or abuse, and those living in families coping with drug dependence. States parties have an obligation to protect adolescents from the illicit use of narcotic drugs and psychotropic substances. States parties should ensure adolescents' right to health in relation to the use of such substances, as well as tobacco, alcohol and solvents, and put in place prevention, harm-reduction and dependence treatment services, without discrimination and with sufficient budgetary allocation. Alternatives to punitive or repressive drug control policies in relation to adolescents are welcome. Adolescents should also be provided with accurate and objective information based on scientific evidence aimed at preventing and minimizing harm from substance use.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Health
- Personas afectadas
- Adolescents
- Children
- Families
- Año
- 2016
Párrafo
The right of the child to freedom from all forms of violence 2011, para. 1
- Paragraph text
- Article 19 states the following: 1. States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child. 2. Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement."
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
The implementation of the rights of the child during adolescence 2016, para. 77
- Paragraph text
- The Committee stresses that article 22 of the Convention recognizes that refugee and asylum-seeking children require special measures if they are to enjoy their rights and benefit from the additional safeguards given to them through the international refugee protection regime. Those adolescents should not be subjected to expedited removal procedures but rather be considered for entry into the territory and should not be returned or refused entry before a determination of their best interests has been made and a need for international protection has been established. In line with the obligation under article 2 to respect and ensure the rights of every child within their jurisdiction, irrespective of status, States should introduce age- and gender-sensitive legislation governing both unaccompanied and separated refugee and asylum-seeking adolescents, as well as migrants, underpinned by the best interests principle, prioritizing the assessment of protection needs over the determination of immigration status, prohibiting immigration-related detention and referring to the recommendations in general comment No. 6 (2005) on the treatment of unaccompanied and separated children outside their country of origin, addressing the particular vulnerability of those adolescents. States should also introduce measures to address the factors driving adolescents to migrate and the vulnerabilities and rights violations faced by adolescents left behind when parents migrate, including dropping out of school, child labour, vulnerability to violence and criminal activities and burdensome domestic responsibilities.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Personas afectadas
- Adolescents
- Children
- Families
- Persons on the move
- Año
- 2016
Párrafo
Rights of migrant workers in an irregular situation and members of their families 2013, para. 56
- Paragraph text
- Article 22, paragraph 7, provides for migrant workers and members of their families who are subject to an expulsion decision to seek entry into a State other than their State of origin, without prejudice to the execution of the expulsion decision. The exercise of this choice on the part of the migrant worker and family members is subject to the consent of the third State.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Migrant Workers
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
The right to adequate housing 1991, para. 1
- Paragraph text
- Pursuant to article 11 (1) of the Covenant, States parties "recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions". The human right to adequate housing, which is thus derived from the right to an adequate standard of living, is of central importance for the enjoyment of all economic, social and cultural rights.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- All
- Families
- Año
- 1991
Párrafo
The economic, social and cultural rights of older persons 1995, para. 31
- Paragraph text
- In accordance with article 10, paragraph 1, of the Covenant and recommendations 25 and 29 of the International Plan of Action on Ageing, States parties should make all the necessary efforts to support, protect and strengthen the family and help it, in accordance with each society's system of cultural values, to respond to the needs of its dependent ageing members. Recommendation 29 encourages Governments and non-governmental organizations to establish social services to support the whole family when there are elderly people at home and to implement measures especially for low-income families who wish to keep elderly people at home. This assistance should also be provided for persons living alone or elderly couples wishing to remain at home.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Social & Cultural Rights
- Personas afectadas
- Families
- Older persons
- Año
- 1995
Párrafo
Forced evictions 1997, para. 4
- Paragraph text
- The practice of forced evictions is widespread and affects persons in both developed and developing countries. Owing to the interrelationship and interdependency which exist among all human rights, forced evictions frequently violate other human rights. Thus, while manifestly breaching the rights enshrined in the Covenant, the practice of forced evictions may also result in violations of civil and political rights, such as the right to life, the right to security of the person, the right to non interference with privacy, family and home and the right to the peaceful enjoyment of possessions.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Social & Cultural Rights
- Personas afectadas
- Families
- Año
- 1997
Párrafo
The economic, social and cultural rights of older persons 1995, para. 7
- Paragraph text
- Also in 1992, and in commemoration of the tenth anniversary of the adoption of the International Plan of Action on Ageing, the General Assembly adopted the Proclamation on Ageing, in which it urged support of national initiatives on ageing so that older women are given adequate support for their largely unrecognized contributions to society and older men are encouraged to develop social, cultural and emotional capacities which they may have been prevented from developing during breadwinning years; so that families are supported in providing care and all family members encouraged to cooperate in caregiving; and so that international cooperation is expanded in the context of the strategies for reaching the global targets on ageing for the year 2001. It also proclaimed the year 1999 as the International Year of Older Persons in recognition of humanity's demographic "coming of age".
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personas afectadas
- Families
- Older persons
- Women
- Año
- 1995
Párrafo