0031-0330 irl.qxd
182
Nonrepatriated
persons
I.
General
observations
2.3.2009
14:20
Page 182
FOURTH GENEVA CONVENTION OF 1949
ART. 38. — With the exception of special measures authorized by
the present Convention, in particular by Articles 27 and 41 thereof,
the situation of protected persons shall continue to be regulated, in
principle, by the provisions concerning aliens in time of peace. In
any case, the following rights shall be granted to them:
1) They shall be enabled to receive the individual or collective
relief that may be sent to them.
2) They shall, if their state of health so requires, receive medical
attention and hospital treatment to the same extent as the
nationals of the State concerned.
3) They shall be allowed to practise their religion and to receive
spiritual assistance from ministers of their faith.
4) If they reside in an area particularly exposed to the dangers of
war, they shall be authorized to move from that area to the
same extent as the nationals of the State concerned.
5) Children under fifteen years, pregnant women and mothers
of children under seven years shall benefit by any preferential
treatment to the same extent as the nationals of the State
concerned.
II.
Means of
existence
ART. 39. — Protected persons who, as a result of the war, have lost
their gainful employment, shall be granted the opportunity to find
paid employment. That opportunity shall, subject to security
considerations and to the provisions of Article 40, be equal to that
enjoyed by the nationals of the Power in whose territory they are.
Where a Party to the conflict applies to a protected person
methods of control which result in his being unable to support
himself, and especially if such a person is prevented for reasons of
security from finding paid employment on reasonable conditions,
the said Party shall ensure his support and that of his dependents.
Protected persons may in any case receive allowances from their
home country, the Protecting Power, or the relief societies referred
to in Article 30.
III.
Employment
ART. 40. — Protected persons may be compelled to work only to
the same extent as nationals of the Party to the conflict in whose
territory they are.
If protected persons are of enemy nationality, they may only be
compelled to do work which is normally necessary to ensure the
feeding, sheltering, clothing, transport and health of human beings
and which is not directly related to the conduct of military
operations.