Search Tips
ordenados por
30 listados de 187 Entidades
The right to access information 2013, para. 42
- Paragraph text
- The Inter-American Court has developed extensive jurisprudence regarding the various aspects of the right to know and to seek and receive information in the context of human rights violations. The Court has consistently recognized victims' and/or their families' rights to access information regarding violations suffered. In its findings, the Court has often associated the right to seek and receive information with basic human rights and State obligations, such as the obligation of the State to protect and ensure human rights, and the right to judicial protection and a fair trial and/or due diligence guarantees.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2013
Párrafo
The protection of sources and whistle-blowers 2015, para. 41
- Paragraph text
- Without protection against retaliation and the possibility of redress, few would disclose wrongdoing. Protection should be detailed explicitly in law, providing whistle-blowers and others with clarity about the nature of the protection that they may seek. In particular, whistle-blowers must be protected against coercion or harassment of themselves or their families, discrimination, physical harm to a person or property, threats of retaliation, job loss, suspension or demotion, transfer or other hardship, disciplinary penalty, blacklisting or prosecution on grounds of breach of secrecy laws, libel or defamation. In the event of investigation or prosecution, whistle-blowers should be permitted to raise all of the principles identified above in their defence, especially that the disclosure was to protect a specified public interest that outweighed harm to a governmental interest. Whistle-blower laws should provide a mechanism to redress wrongdoing and prohibit those forms of retaliation, among others.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2015
Párrafo
Protection of journalists and press freedom 2010, para. 64
- Paragraph text
- Whether at the scene of a dramatic event or documenting and disseminating sensitive information, even during times of peace, citizen journalists often face risks similar to those faced by professional journalists, including acts of reprisal for their reporting activities. Citizen journalists have been subjected to acts of harassment and intimidation, including death threats, attacks against their physical integrity, arbitrary arrest and detention, prosecution, prison sentences and/or fines, and even assassination. Acts of harassment and intimidation often include repeated and unsupported police summonses, the targeting of their families, smear campaigns to discredit them and travel bans and other restrictions on movement.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Activists
- Families
- Año
- 2010
Párrafo
The right to access information 2013, para. 36
- Paragraph text
- As mentioned above, the right to truth affects and has many implications for other rights; for example, (a) it is in itself part of the reparation for the victims and their families, and it honours the memory of the victims; (b) it is the first step in eliminating impunity and striving towards the right to justice and reparation; (c) it is part of the guarantee of non-repetition; (d) it is essential for the individual and his or her social and mental health recovery; (e) it is part of the reconstruction of the social network of relationships, peaceful coexistence and reconciliation; and (f) it is part of the historical heritage of a nation and is, therefore, open to academic research and investigative journalism. Only people who have the right to fully acknowledge their past can be truly free to define their future.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personas afectadas
- Families
- Año
- 2013
Párrafo
The right to access information 2013, para. 44
- Paragraph text
- As described above, the right of victims and their families to access information and know the truth has different aspects and principles.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2013
Párrafo
The right to access information 2013, para. 40
- Paragraph text
- In the context of human rights violations, and especially in cases of serious violations, the rights of victims and their families to access information can have several aspects. First, gaining access to information regarding the circumstances surrounding a human rights violation is usually essential in order to give effect to other rights, such as due process, guarantees to a fair trial and the right to a remedy. Moreover, clarifying what occurred is in itself one of the elements of reparations for victims and family members. Lastly, in cases of violations such as disappearances, the violation is continuing and ceases only once family members are able to ascertain the facts and determine the fate of the disappeared person. The refusal of the State to provide information, or the provision by it of false information, constitutes an additional violation because it prolongs and deepens the anguish, in addition to the moral and emotional pain.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Persons on the move
- Año
- 2013
Párrafo
Mapping and framing security of tenure 2013, para. 16
- Paragraph text
- Conversely, when access to secure housing or land is provided, the potential for social and economic progress is immense-a fact recognized globally. Tenure security means a lot to families and individuals. It gives people certainty about what they can do with their land or home; and it offers them protection from encroachments by others. It often protects, increases and enables access to public services and benefits. It increases economic opportunities. It is a basis for women's economic empowerment and protection from violence. The relevance of the issue, not only to human rights but also to development, is evident.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Social & Cultural Rights
- Personas afectadas
- Families
- Women
- Año
- 2013
Párrafo
The right to access information 2013, para. 88
- Paragraph text
- Over the past three decades, the right to truth has most often been invoked in situations relating to the failure of the State to ensure accountability for systematic violations of human rights and to provide appropriate reparations. It has also commonly been related to the right of victims and their relatives to demand investigations and information as a first step in achieving justice. As international jurisprudence has evolved, it has become evident that the right to truth has also a clear, collective dimension. There is a shared interest in the clarification of human rights violations and in the dissemination of information on the context in which they occurred, especially so as to re-establish trust in State institutions and to ensure non-repetition of the violations. The realization of the right to truth, at both the individual and the collective levels, requires access to and, often, also the dissemination of information on human rights violations.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2013
Párrafo
The right to access information 2013, para. 15
- Paragraph text
- International human rights bodies and mechanisms have recognized and developed the right to truth as a distinct right. Principle 4 of the updated set of principles for the protection and promotion of human rights through action to combat impunity (E/CN.4/2005/102/Add.1) notes the existence of the right to know the truth, irrespective of any legal proceedings. Both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights have noted the importance of this right, separately from judicial proceedings. The Inter American Commission has stated that the right to know the truth is a collective right which ensures society access to information that is essential for the workings of democratic systems, and is also a private right for relatives of the victims, which affords a form of compensation, in particular, in cases in which amnesty laws are adopted.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2013
Párrafo
The exercise of the rights to freedom of peaceful assembly and of association in the context of elections 2013, para. 19
- Paragraph text
- Apart from using excessive force against peaceful protesters, in some instances, States have criminalized the participation in and organization of peaceful assemblies during election time, with a view to sanctioning or deterring those willing or intending to do so. In Ethiopia, several peaceful demonstrators and human rights defenders were charged with "crimes of outrage against the constitutional order", and sentenced to life imprisonment for having participated in a demonstration against alleged fraud in the general elections of May 2005, in which over 190 protestors were reportedly killed by law enforcement authorities. After signing a statement admitting that their activities had been unconstitutional, they received a pardon and were freed. In the run-up to the legislative elections in Bahrain in September 2011, numerous human rights defenders and their relatives were arrested, dismissed from their jobs and subjected to intimidation and harassment for various politically motivated offences, including "participating in illegal gatherings". Following the presidential elections in December 2010 in Belarus, hundreds of persons protesting on election night were detained, including civil society activists, journalists, and opposition leaders, including presidential candidates. A peaceful protestor was subsequently sentenced to three years and six months in a labour colony on charges of mass disorder, for his participation in peaceful protests. He was initially detained for an administrative offence, but was later charged with a criminal offence, despite the fact that the police officer who had filed his arrest warrant stated in court that he had not actually seen him during the protest. Similarly, in the Russian Federation, charges of "mass disorder" have been pressed against peaceful protestors during election time. Many demonstrators were arrested and accused, inter alia, of "public intimidation" and "public incitation". Peaceful demonstrators in Azerbaijan have increasingly been targeted in the context of the forthcoming elections of October 2013, with several of them being arrested and/or fined. In Nepal in January 2006, four human rights defenders were arrested because of their involvement in the organization of large-scale peaceful demonstrations calling for a boycott of municipal elections scheduled for the following month.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Activists
- Families
- Año
- 2013
Párrafo
On the Declaration on human rights defenders 2011, para. 26
- Paragraph text
- Restrictions imposed on the right to freedom of assembly have been broadly applied to prohibit or disrupt peaceful human rights assemblies, frequently on the pretext of the need to maintain public order and relying on counter-terrorism legislation, arguments and mechanisms. The mandate holder has identified the following trends as violations of the right to freedom of assembly: (a) use of excessive force against defenders during assemblies; (b) arrest and detention of defenders while exercising their right to assemble or to prevent them from taking part in demonstrations; (c) threats against defenders and members of their families prior to, during or after their participation in a peaceful assembly; (d) judicial harassment and prosecution of defenders; (e) travel restrictions imposed on defenders to prevent them from participating in assemblies outside their country of residence; and (f) restrictions imposed through legislative and administrative measures.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- Activists
- Families
- Año
- 2011
Párrafo
Elements of a safe and enabling environment for human rights defenders 2014, para. 58
- Paragraph text
- Defenders and their families are intimidated, harassed, subject to surveillance, threatened, attacked, arbitrarily arrested, criminalized, tortured and ill-treated in detention, subject to enforced disappearances, and sometimes killed. State and non-State actors are involved in the commission of these acts and impunity tends to prevail when it comes to attacks and violations against defenders. Investigations are excessively protracted, due process is not always guaranteed and perpetrators are often not held accountable.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- Activists
- Families
- Año
- 2014
Párrafo
The right to access information 2013, para. 92
- Paragraph text
- In this context, the Special Rapporteur concludes that the right to access information on human rights violations, as enshrined by the right to freedom of expression, should be considered to be part of the right to truth in all circumstances - whether it relates to past or present situations, is claimed by victims, their relatives or by anyone in the name of public interest, in situations of political transition or not, and irrespective of the existence of legal proceedings, including when judicial action has expired.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Personas afectadas
- Families
- Año
- 2013
Párrafo
The right of the child to freedom of expression 2014, para. 81
- Paragraph text
- Despite the almost universal ratification of the Convention on the Rights of the Child, too little has been done to give effect to the right of children to freedom of expression and many obstacles to the realization of this right for children remain. Unchallenged authoritarian attitudes frequently shape the relationship between adults and children in schools and within families. More worryingly, as communications technologies evolve, some States have adopted disproportionate restrictions on freedom of expression, presenting them as measures to protect children from harm while, in effect, they limit the rights of children and adults.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Children
- Families
- Año
- 2014
Párrafo
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 117
- Paragraph text
- The Special Rapporteur is very concerned at the extraordinary risks that these groups of defenders face due to their work in defence of human rights. Most of these risks not only directly affect their physical integrity and that of their family members, but also include the abusive use of legal frameworks against them and the criminalization of their work. The Special Rapporteur is also extremely concerned at reports received indicating that State actors, including Government officials, State security forces and the judiciary, are the perpetrators of many of the violations committed against these defenders.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Activists
- Families
- Año
- 2012
Párrafo
Global trends in risks and threats facing human rights defenders 2015, para. 75
- Paragraph text
- Lawyers are attacked and threatened both in their capacity as defenders and for the part they play in defending defenders. Their offices are ransacked, their communications are intercepted by the authorities or third parties, and they are sometimes victims of intimidation campaigns that may even include the withdrawal of their license to operate. These lawyers, and in some cases their families, also pointed out that they were regularly the object of attacks, harassment campaigns, arbitrary detention, or acts of torture. Lawyers working for defenders have been slandered and accused of treason or of having ties to terrorism. Their work is continually obstructed and there, too, defenders have to contend with the lack of an independent judiciary.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- Activists
- Families
- Año
- 2015
Párrafo
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 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
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 freedom of expression 2014, para. 78
- Paragraph text
- More research is needed to clarify the role of the Internet in the exercise of the rights of the child, in particular with regard to how children use the Internet, how they can learn to do so safely and how the Internet can be viewed as a positive rather than a destructive tool by parents, caregivers and States. It is also important that current restrictions on Internet use be looked at carefully and critically in order to uncover potentially negative consequences for children and adults, encourage practical solutions to Internet safety concerns and maximize opportunities for children on the Internet.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Personas afectadas
- Children
- Families
- Año
- 2014
Párrafo
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 47
- Paragraph text
- Similar repression of the rights to freedom of peaceful assembly and of association has taken place in autocracies where all political power is concentrated in the hands of a single person or family and is often passed on hereditarily. Saudi Arabia, for example, bans political parties, criminalizes acts such as "breaking allegiance to the ruler" and "attempting to discredit the Kingdom of Saudi Arabia", and has frequently detained, imprisoned and otherwise harassed activists and organizations critical of the Government (see A/HRC/29/50, case SAU 14/2014; A/HRC/28/85, case SAU 11/2014; and A/HRC/27/72, case SAU 5/2014).
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 2016
Párrafo
Work in progress, challenges and the way forward 2017, para. 16
- Paragraph text
- The Special Rapporteur has also initiated a series of regional consultations on the impunity enjoyed by those who attack defenders. All too often, the perpetrators of such attacks are not convicted. The distress of victims and families who seek justice and reparation meets with indifference and even hostility on the part of law enforcement and judicial officers. It is therefore important to have a sharper understanding of the situation and to better identify the factors behind impunity so that specific recommendations can be made to States and other actors involved.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Special Rapporteur on the situation of human rights defenders
- Tipo de documento
- Special Procedures' report
- Temas
- Civil & Political Rights
- Violence
- Personas afectadas
- Activists
- Families
- Año
- 2017
Párrafo
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 2
- Paragraph text
- In this connection, the Committee wishes to point out that in the reports of States parties to the Covenant the necessary attention is not being given to information concerning the manner in which respect for this right is guaranteed by legislative, administrative or judicial authorities, and in general by the competent organs established in the State. In particular, insufficient attention is paid to the fact that article 17 of the Covenant deals with protection against both unlawful and arbitrary interference. That means that it is precisely in State legislation above all that provision must be made for the protection of the right set forth in that article. At present the reports either say nothing about such legislation or provide insufficient information on the subject.
- 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 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 42
- Paragraph text
- Article 14, paragraph 4, provides that in the case of juvenile persons, procedures should take account of their age and the desirability of promoting their rehabilitation. Juveniles are to enjoy at least the same guarantees and protection as are accorded to adults under article 14 of the Covenant. In addition, juveniles need special protection. In criminal proceedings they should, in particular, be informed directly of the charges against them and, if appropriate, through their parents or legal guardians, be provided with appropriate assistance in the preparation and presentation of their defence; be tried as soon as possible in a fair hearing in the presence of legal counsel, other appropriate assistance and their parents or legal guardians, unless it is considered not to be in the best interest of the child, in particular taking into account their age or situation. Detention before and during the trial should be avoided to the extent possible.
- 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
- Adolescents
- Children
- Families
- Año
- 2007
Párrafo
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 37
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [The right to an independent and impartial tribunal] Punishments targeted exclusively at non nationals that are additional to punishments under ordinary law, such as deportation, expulsion or banning from the country concerned, should be imposed only in exceptional circumstances and in a proportionate manner, for serious reasons related to public order which are stipulated in the law, and should take into account the need to respect the private family life of those concerned and the international protection to which they are entitled.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personas afectadas
- Families
- Año
- 2004
Párrafo
The right of the child to freedom from all forms of violence 2011, para. 54a
- Paragraph text
- [Judicial involvement. At all times and in all cases, due process must be respected. In particular, the protection and the further development of the child and his or her best interests (and the best interests of other children where there is a risk of a perpetrator reoffending) must form the primary purpose of decision-making, with regard given to the least intrusive intervention as warranted by the circumstances. Furthermore, the Committee recommends the respect of the following guarantees:] Children and their parents should be promptly and adequately informed by the justice system or other competent authorities (such as the police, immigration, or educational, social or health-care services);
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Committee on the Rights of the Child
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personas afectadas
- Children
- Families
- Año
- 2011
Párrafo
Article 7: Torture or cruel, inhuman or degrading treatment or punishment - replaced by GC No. 20 1982, para. 1
- Paragraph text
- In examining the reports of States parties, members of the Committee have often asked for further information under article 7 which prohibits, in the first place, torture or cruel, inhuman or degrading treatment or punishment. The Committee recalls that even in situations of public emergency such as are envisaged by article 4 (1) this provision is non-derogable under article 4 (2). Its purpose is to protect the integrity and dignity of the individual. The Committee notes that it is not sufficient for the implementation of this article to prohibit such treatment or punishment or to make it a crime. Most States have penal provisions which are applicable to cases of torture or similar practices. Because such cases nevertheless occur, it follows from article 7, read together with article 2 of the Covenant, that States must ensure an effective protection through some machinery of control. Complaints about ill-treatment must be investigated effectively by competent authorities. Those found guilty must be held responsible, and the alleged victims must themselves have effective remedies at their disposal, including the right to obtain compensation. Among the safeguards which may make control effective are provisions against detention incommunicado, granting, without prejudice to the investigation, persons such as doctors, lawyers and family members access to the detainees; provisions requiring that detainees should be held in places that are publicly recognized and that their names and places of detention should be entered in a central register available to persons concerned, such as relatives; provisions making confessions or other evidence obtained through torture or other treatment contrary to article 7 inadmissible in court; and measures of training and instruction of law enforcement officials not to apply such treatment.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Families
- Año
- 1982
Párrafo
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 1
- Paragraph text
- Article 17 provides for the right of every person to be protected against arbitrary or unlawful interference with his privacy, family, home or correspondence as well as against unlawful attacks on his honour and reputation. In the view of the Committee this right is required to be guaranteed against all such interferences and attacks whether they emanate from State authorities or from natural or legal persons. The obligations imposed by this article require the State to adopt legislative and other measures to give effect to the prohibition against such interferences and attacks as well as to the protection of this right.
- Condicón jurídica
- Non-negotiated soft law
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personas afectadas
- Families
- Año
- 1988
Párrafo