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Third International Conference on Financing for Development: Addis Ababa Action Agenda 2015, para. 66
- Paragraph text
- Development finance can contribute to reducing social, environmental and economic vulnerabilities and enable countries to prevent or combat situations of chronic crisis related to conflicts or natural disasters. We recognize the need for the coherence of developmental and humanitarian finance to ensure more timely, comprehensive, appropriate and cost-effective approaches to the management and mitigation of natural disasters and complex emergencies. We commit to promoting innovative financing mechanisms to allow countries to better prevent and manage risks and develop mitigation plans. We will invest in efforts to strengthen the capacity of national and local actors to manage and finance disaster risk reduction and to enable countries to draw efficiently and effectively on international assistance when needed. We take note of the establishment of the Secretary-General's High-level Panel on Humanitarian Financing and the World Humanitarian Summit to be held in Istanbul, Turkey, on 23 and 24 May 2016.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Environment
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2015
Párrafo
Key actions for the further implementation of the Programme of Action of the of the International Conference on Population and Development 1999, para. 98
- Paragraph text
- 98. The international community should provide the necessary financial and technical assistance to support developing countries and countries with economies in transition committed to implementing the goals and objectives of the Programme of Action. Special attention should be paid to the needs of Africa and the least developed countries, countries facing or suffering from emergency humanitarian situations and financial and economic crises, and those developing countries suffering from low commodity prices, as well as countries facing long-term and large-scale environmental problems.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Environment
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 1999
Párrafo
New York Declaration For Refugees and Migrants 2016, para. 1
- Paragraph text
- Since earliest times, humanity has been on the move. Some people move in search of new economic opportunities and horizons. Others move to escape armed conflict, poverty, food insecurity, persecution, terrorism, or human rights violations and abuses. Still others do so in response to the adverse effects of climate change, natural disasters (some of which may be linked to climate change), or other environmental factors. Many move, indeed, for a combination of these reasons.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Environment
- Humanitarian
- Poverty
- Personas afectadas
- All
- Año
- 2016
Párrafo
Rio+20 – Conference on Sustainable Development: The future we want 2012, para. 29
- Paragraph text
- We resolve to take further effective measures and actions, in conformity with international law, to remove obstacles and constraints, strengthen support and meet the special needs of people living in areas affected by complex humanitarian emergencies and in areas affected by terrorism.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Equality & Inclusion
- Humanitarian
- Personas afectadas
- All
- Año
- 2012
Párrafo
Further actions and initiatives to implement the Beijing Declaration and Platform for Action 2000, para. 88
- Paragraph text
- Encourage the implementation of measures designed to achieve the goal of 50/50 gender balance in all posts, including at the Professional level and above, in particular at the higher levels in their secretariats, including in peacekeeping missions, peace negotiations and in all activities, and report thereon, as appropriate, and enhance management accountability mechanisms.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Gender
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2000
Párrafo
Third International Conference on Financing for Development: Addis Ababa Action Agenda 2015, para. 45
- Paragraph text
- We recognize the important contribution that direct investment, including foreign direct investment, can make to sustainable development, particularly when projects are aligned with national and regional sustainable development strategies. Government policies can strengthen positive spillovers from foreign direct investment, such as know-how and technology, including through establishing linkages with domestic suppliers, as well as encouraging the integration of local enterprises, in particular micro, small and medium-sized enterprises in developing countries, into regional and global value chains. We will encourage investment promotion and other relevant agencies to focus on project preparation. We will prioritize projects with the greatest potential for promoting full and productive employment and decent work for all, sustainable patterns of production and consumption, structural transformation and sustainable industrialization, productive diversification and agriculture. Internationally, we will support these efforts through financial and technical support and capacity-building and closer collaboration between home and host country agencies. We will consider the use of insurance, investment guarantees, including through the Multilateral Investment Guarantee Agency, and new financial instruments to incentivize foreign direct investment to developing countries, particularly least developed countries, landlocked developing countries, small island developing States and countries in conflict and post-conflict situations.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2015
Párrafo
Third International Conference on Financing for Development: Addis Ababa Action Agenda 2015, para. 66
- Paragraph text
- Development finance can contribute to reducing social, environmental and economic vulnerabilities and enable countries to prevent or combat situations of chronic crisis related to conflicts or natural disasters. We recognize the need for the coherence of developmental and humanitarian finance to ensure more timely, comprehensive, appropriate and cost-effective approaches to the management and mitigation of natural disasters and complex emergencies. We commit to promoting innovative financing mechanisms to allow countries to better prevent and manage risks and develop mitigation plans. We will invest in efforts to strengthen the capacity of national and local actors to manage and finance disaster risk reduction and to enable countries to draw efficiently and effectively on international assistance when needed. We take note of the establishment of the Secretary-General's High-level Panel on Humanitarian Financing and the World Humanitarian Summit to be held in Istanbul, Turkey, on 23 and 24 May 2016.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Environment
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2015
Párrafo
Programme of Action of the International Conference on Population and Development 1994, para. 16.28
- Paragraph text
- The Secretary-General of the United Nations is invited to consult with the various bodies of the United Nations system, as well as with international financial institutions and various bilateral aid organizations and agencies, with a view to promoting an exchange of information among them on the requirements for international assistance and to reviewing, on a regular basis, the specific needs of countries in the field of population and development, including emergency and temporary needs, and maximizing the availability of resources and their most effective utilization.
- Organismo
- International Conference on Population and Development
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Governance & Rule of Law
- Humanitarian
- Movement
- Personas afectadas
- All
- N.A.
- Año
- 1994
Párrafo
Third International Conference on Financing for Development: Addis Ababa Action Agenda 2015, para. 45
- Paragraph text
- We recognize the important contribution that direct investment, including foreign direct investment, can make to sustainable development, particularly when projects are aligned with national and regional sustainable development strategies. Government policies can strengthen positive spillovers from foreign direct investment, such as know-how and technology, including through establishing linkages with domestic suppliers, as well as encouraging the integration of local enterprises, in particular micro, small and medium-sized enterprises in developing countries, into regional and global value chains. We will encourage investment promotion and other relevant agencies to focus on project preparation. We will prioritize projects with the greatest potential for promoting full and productive employment and decent work for all, sustainable patterns of production and consumption, structural transformation and sustainable industrialization, productive diversification and agriculture. Internationally, we will support these efforts through financial and technical support and capacity-building and closer collaboration between home and host country agencies. We will consider the use of insurance, investment guarantees, including through the Multilateral Investment Guarantee Agency, and new financial instruments to incentivize foreign direct investment to developing countries, particularly least developed countries, landlocked developing countries, small island developing States and countries in conflict and post-conflict situations.
- Organismo
- United Nations General Assembly
- Tipo de documento
- Declaration / Confererence outcome document
- Temas
- Economic Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2015
Párrafo
General Conclusion On International Protection 2003, para. (s)
- Paragraph text
- Acknowledges the importance of early and effective registration systems and censuses as a tool of protection and as a means to enable the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;
- Organismo
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Tipo de documento
- ExCom Conclusion
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 2003
Párrafo
General Conclusion On International Protection 2008, para. 2
- Paragraph text
- Urging UNHCR and its partners to continue to draw appropriately upon relevant international humanitarian and human rights law and, in cooperation with States, to adopt a rights- and community-based approach in engaging constructively with individual persons of concern and their communities in their work, including through partnership with relevant international and national human rights, humanitarian and development organizations and the active and inclusive participation of persons of concern,
- Organismo
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Tipo de documento
- ExCom Conclusion
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 2008
Párrafo
Implementation of article 2 by States parties 2008, para. 5
- Paragraph text
- Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.
- Organismo
- Committee against Torture
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2008
Párrafo
Article 4: States of Emergency 2001, para. 2
- Paragraph text
- Measures derogating from the provisions of the Covenant must be of an exceptional and temporary nature. Before a State moves to invoke article 4, two fundamental conditions must be met: the situation must amount to a public emergency which threatens the life of the nation, and the State party must have officially proclaimed a state of emergency. The latter requirement is essential for the maintenance of the principles of legality and rule of law at times when they are most needed. When proclaiming a state of emergency with consequences that could entail derogation from any provision of the Covenant, States must act within their constitutional and other provisions of law that govern such proclamation and the exercise of emergency powers; it is the task of the Committee to monitor the laws in question with respect to whether they enable and secure compliance with article 4. In order that the Committee can perform its task, States parties to the Covenant should include in their reports submitted under article 40 sufficient and precise information about their law and practice in the field of emergency powers.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 2001
Párrafo
The right to adequate food (Art. 11) 1999, para. 19
- Paragraph text
- Violations of the right to food can occur through the direct action of States or other entities insufficiently regulated by States. These include: the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to food; denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is proactive; the prevention of access to humanitarian food aid in internal conflicts or other emergency situations; adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to the right to food; and failure to regulate activities of individuals or groups so as to prevent them from violating the right to food of others, or the failure of a State to take into account its international legal obligations regarding the right to food when entering into agreements with other States or with international organizations.
- Organismo
- Committee on Social, Economic and Cultural Rights
- Tipo de documento
- General Comment / Recommendation
- Temas
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- N.A.
- Año
- 1999
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.
- 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 14: Administration of justice 1984, para. 4
- Paragraph text
- The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized. The Committee notes the existence, in many countries, of military or special courts which try civilians. This could present serious problems as far as the equitable, impartial and independent administration of justice is concerned. Quite often the reason for the establishment of such courts is to enable exceptional procedures to be applied which do not comply with normal standards of justice. While the Covenant does not prohibit such categories of courts, nevertheless the conditions which it lays down clearly indicate that the trying of civilians by such courts should be very exceptional and take place under conditions which genuinely afford the full guarantees stipulated in article 14. The Committee has noted a serious lack of information in this regard in the reports of some States parties whose judicial institutions include such courts for the trying of civilians. In some countries such military and special courts do not afford the strict guarantees of the proper administration of justice in accordance with the requirements of article 14 which are essential for the effective protection of human rights. If States parties decide in circumstances of a public emergency as contemplated by article 4 to derogate from normal procedures required under article 14, they should ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation, and respect the other conditions in paragraph 1 of article 14.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 1984
Párrafo
Article 6: The right to life 1985, para. 3
- Paragraph text
- While remaining deeply concerned by the toll of human life taken by conventional weapons in armed conflicts, the Committee has noted that, during successive sessions of the General Assembly, representatives from all geographical regions have expressed their growing concern at the development and proliferation of increasingly awesome weapons of mass destruction, which not only threaten human life but also absorb resources that could otherwise be used for vital economic and social purposes, particularly for the benefit of developing countries, and thereby for promoting and securing the enjoyment of human rights for all.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Environment
- Humanitarian
- Personas afectadas
- All
- Año
- 1985
Párrafo
Article 6: The right to life 1985, para. 1
- Paragraph text
- In its general comment No. 6 [16] adopted at its 378th meeting on 27 July 1982, the Human Rights Committee observed that the right to life enunciated in the first paragraph of article 6 of the International Covenant on Civil and Political Rights is the supreme right from which no derogation is permitted even in time of public emergency. The same right to life is enshrined in article 3 of the Universal Declaration of Human Rights adopted by the General Assembly of the United Nations on 10 December 1948. It is basic to all human rights.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 1985
Párrafo
Article 4: States of Emergency 2001, para. 13d
- Paragraph text
- [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.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Movement
- Personas afectadas
- All
- Año
- 2001
Párrafo
Article 4: States of Emergency 2001, para. 13a
- Paragraph text
- [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.] All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Although this right, prescribed in article 10 of the Covenant, is not separately mentioned in the list of non-derogable rights in article 4, paragraph 2, the Committee believes that here the Covenant expresses a norm of general international law not subject to derogation. This is supported by the reference to the inherent dignity of the human person in the preamble to the Covenant and by the close connection between articles 7 and 10.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2001
Párrafo
Article 4: States of Emergency 2001, para. 15
- Paragraph text
- It is inherent in the protection of rights explicitly recognized as non-derogable in article 4, paragraph 2, that they must be secured by procedural guarantees, including, often, judicial guarantees. The provisions of the Covenant relating to procedural safeguards may never be made subject to measures that would circumvent the protection of non-derogable rights. Article 4 may not be resorted to in a way that would result in derogation from non-derogable rights. Thus, for example, as article 6 of the Covenant is non-derogable in its entirety, any trial leading to the imposition of the death penalty during a state of emergency must conform to the provisions of the Covenant, including all the requirements of articles 14 and 15.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2001
Párrafo
Article 4: States of Emergency 2001, para. 4
- Paragraph text
- A fundamental requirement for any measures derogating from the Covenant, as set forth in article 4, paragraph 1, is that such measures are limited to the extent strictly required by the exigencies of the situation. This requirement relates to the duration, geographical coverage and material scope of the state of emergency and any measures of derogation resorted to because of the emergency. Derogation from some Covenant obligations in emergency situations is clearly distinct from restrictions or limitations allowed even in normal times under several provisions of the Covenant. Nevertheless, the obligation to limit any derogations to those strictly required by the exigencies of the situation reflects the principle of proportionality which is common to derogation and limitation powers. Moreover, the mere fact that a permissible derogation from a specific provision may, of itself, be justified by the exigencies of the situation does not obviate the requirement that specific measures taken pursuant to the derogation must also be shown to be required by the exigencies of the situation. In practice, this will ensure that no provision of the Covenant, however validly derogated from will be entirely inapplicable to the behaviour of a State party. When considering States parties' reports the Committee has expressed its concern over insufficient attention being paid to the principle of proportionality.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2001
Párrafo
Establishment of national institutions to facilitate the implementation of the Convention 1993, para. 1
- Paragraph text
- Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world,
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 1993
Párrafo
Establishment of an international tribunal to prosecute crimes against humanity 1994, para. 1
- Paragraph text
- Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world,
- Organismo
- Committee on the Elimination of Racial Discrimination
- Tipo de documento
- General Comment / Recommendation
- Temas
- Humanitarian
- Violence
- Personas afectadas
- All
- Año
- 1994
Párrafo
Article 6: The right to life 1982, para. 1
- Paragraph text
- The right to life enunciated in article 6 of the Covenant has been dealt with in all State reports. It is the supreme right from which no derogation is permitted even in time of public emergency which threatens the life of the nation (art. 4). However, the Committee has noted that quite often the information given concerning article 6 was limited to only one or other aspect of this right. It is a right which should not be interpreted narrowly.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 1982
Párrafo
Article 4: States of Emergency 2001, para. 5
- Paragraph text
- The issues of when rights can be derogated from, and to what extent, cannot be separated from the provision in article 4, paragraph 1, of the Covenant according to which any measures derogating from a State party's obligations under the Covenant must be limited "to the extent strictly required by the exigencies of the situation". This condition requires that States parties provide careful justification not only for their decision to proclaim a state of emergency but also for any specific measures based on such a proclamation. If States purport to invoke the right to derogate from the Covenant during, for instance, a natural catastrophe, a mass demonstration including instances of violence, or a major industrial accident, they must be able to justify not only that such a situation constitutes a threat to the life of the nation, but also that all their measures derogating from the Covenant are strictly required by the exigencies of the situation. In the opinion of the Committee, the possibility of restricting certain Covenant rights under the terms of, for instance, freedom of movement (article 12) or freedom of assembly (article 21) is generally sufficient during such situations and no derogation from the provisions in question would be justified by the exigencies of the situation.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2001
Párrafo
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 23
- Paragraph text
- Some countries have resorted to special tribunals of "faceless judges" composed of anonymous judges, e.g. within measures taken to fight terrorist activities. Such courts, even if the identity and status of such judges has been verified by an independent authority, often suffer not only from the fact that the identity and status of the judges is not made known to the accused persons but also from irregularities such as exclusion of the public or even the accused or their representatives from the proceedings; restrictions of the right to a lawyer of their own choice; severe restrictions or denial of the right to communicate with their lawyers, particularly when held incommunicado; threats to the lawyers; inadequate time for preparation of the case; or severe restrictions or denial of the right to summon and examine or have examined witnesses, including prohibitions on cross-examining certain categories of witnesses, e.g. police officers responsible for the arrest and interrogation of the defendant. Tribunals with or without faceless judges, in circumstances such as these, do not satisfy basic standards of fair trial and, in particular, the requirement that the tribunal must be independent and impartial.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2007
Párrafo
Article 6: The right to life 1985, para. 2
- Paragraph text
- In its previous general comment, the Committee also observed that it is the supreme duty of States to prevent wars. War and other acts of mass violence continue to be a scourge of humanity and take the lives of thousands of innocent human beings every year.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Humanitarian
- Personas afectadas
- All
- Año
- 1985
Párrafo
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 6
- Paragraph text
- While article 14 is not included in the list of non-derogable rights of article 4, paragraph 2 of the Covenant, States derogating from normal procedures required under article 14 in circumstances of a public emergency should ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation. The guarantees of fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights. Thus, for example, as article 6 of the Covenant is non-derogable in its entirety, any trial leading to the imposition of the death penalty during a state of emergency must conform to the provisions of the Covenant, including all the requirements of article 14. Similarly, as article 7 is also non-derogable in its entirety, no statements or confessions or, in principle, other evidence obtained in violation of this provision may be invoked as evidence in any proceedings covered by article 14, including during a state of emergency, except if a statement or confession obtained in violation of article 7 is used as evidence that torture or other treatment prohibited by this provision occurred. Deviating from fundamental principles of fair trial, including the presumption of innocence, is prohibited at all times.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 2007
Párrafo
Article 6: The right to life 1985, para. 4
- Paragraph text
- The Committee associates itself with this concern. It is evident that the designing, testing, manufacture, possession and deployment of nuclear weapons are among the greatest threats to the right to life which confront mankind today. This threat is compounded by the danger that the actual use of such weapons may be brought about, not only in the event of war, but even through human or mechanical error or failure.
- Organismo
- Human Rights Committee
- Tipo de documento
- General Comment / Recommendation
- Temas
- Governance & Rule of Law
- Humanitarian
- Personas afectadas
- All
- Año
- 1985
Párrafo