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Article 12: Freedom of movement 1999, para. 13
- Paragraph text
- In adopting laws providing for restrictions permitted by article 12, paragraph 3, States should always be guided by the principle that the restrictions must not impair the essence of the right (cf. art 5, para. 1); the relation between right and restriction, between norm and exception, must not be reversed. The laws authorizing the application of restrictions should use precise criteria and may not confer unfettered discretion on those charged with their execution.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1999
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 14
- Paragraph text
- Equality before courts and tribunals also requires that similar cases are dealt with in similar proceedings. If, for example, exceptional criminal procedures or specially constituted courts or tribunals apply in the determination of certain categories of cases, objective and reasonable grounds must be provided to justify the distinction.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 7
- Paragraph text
- The first sentence of article 14, paragraph 1 guarantees in general terms the right to equality before courts and tribunals. This guarantee not only applies to courts and tribunals addressed in the second sentence of this paragraph of article 14, but must also be respected whenever domestic law entrusts a judicial body with a judicial task.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Article 2: Implementation at the national level - replaced by GC No. 31 1981, para. 1
- Paragraph text
- The Committee notes that article 2 of the Covenant generally leaves it to the States parties concerned to choose their method of implementation in their territories within the framework set out in that article. It recognizes, in particular, that the implementation does not depend solely on constitutional or legislative enactments, which in themselves are often not per se sufficient. The Committee considers it necessary to draw the attention of States parties to the fact that the obligation under the Covenant is not confined to the respect of human rights, but that States parties have also undertaken to ensure the enjoyment of these rights to all individuals under their jurisdiction. This aspect calls for specific activities by the States parties to enable individuals to enjoy their rights. This is obvious in a number of articles (e.g. article 3 which is dealt with in general comment No. 4 below), but in principle this undertaking relates to all rights set forth in the Covenant.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1981
Paragraphe
Reporting guidelines - superseded by CCPR/C/66/GUI, 1999 1981, para. 2
- Paragraph text
- Article 2 of the Covenant requires States parties to adopt such legislative or other measures and provide such remedies as may be necessary to implement the Covenant. Article 40 requires States parties to submit to the Committee reports on the measures adopted by them, on the progress made in the enjoyment of the Covenant rights and the factors and difficulties, if any, affecting the implementation of the Covenant. Even reports which were in their form generally in accordance with the guidelines have in substance been incomplete. It has been difficult to understand from some reports whether the Covenant had been implemented as part of national legislation and many of them were clearly incomplete as regards relevant legislation. In some reports the role of national bodies or organs in supervising and in implementing the rights had not been made clear. Further, very few reports have given any account of the factors and difficulties affecting the implementation of the Covenant.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1981
Paragraphe
Article 2: Implementation at the national level - replaced by GC No. 31 1981, para. 2
- Paragraph text
- In this connection, it is very important that individuals should know what their rights under the Covenant (and the Optional Protocol, as the case may be) are and also that all administrative and judicial authorities should be aware of the obligations which the State party has assumed under the Covenant. To this end, the Covenant should be publicized in all official languages of the State and steps should be taken to familiarize the authorities concerned with its contents as part of their training. It is desirable also to give publicity to the State party’s cooperation with the Committee.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1981
Paragraphe
Non-discrimination 1989, para. 9
- Paragraph text
- Reports of many States parties contain information regarding legislative as well as administrative measures and court decisions which relate to protection against discrimination in law, but they very often lack information which would reveal discrimination in fact. When reporting on articles 2 (1), 3 and 26 of the Covenant, States parties usually cite provisions of their constitution or equal opportunity laws with respect to equality of persons. While such information is of course useful, the Committee wishes to know if there remain any problems of discrimination in fact, which may be practised either by public authorities, by the community, or by private persons or bodies. The Committee wishes to be informed about legal provisions and administrative measures directed at diminishing or eliminating such discrimination.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- N.A.
- Année
- 1989
Paragraphe
Article 18: The right to freedom of thought, conscience and religion 1993, para. 1
- Paragraph text
- The right to freedom of thought, conscience and religion (which includes the freedom to hold beliefs) in article 18 (1) is far-reaching and profound; it encompasses freedom of thoughts on all matters, personal conviction and the commitment to religion or belief, whether manifested individually or in community with others. The Committee draws the attention of States parties to the fact that the freedom of thought and the freedom of conscience are protected equally with the freedom of religion and belief. The fundamental character of these freedoms is also reflected in the fact that this provision cannot be derogated from, even in time of public emergency, as stated in article 4 (2) of the Covenant.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 1993
Paragraphe
Continuity of obligations 1997, para. 1
- Paragraph text
- The International Covenant on Civil and Political Rights does not contain any provision regarding its termination and does not provide for denunciation or withdrawal. Consequently, the possibility of termination, denunciation or withdrawal must be considered in the light of applicable rules of customary international law which are reflected in the Vienna Convention on the Law of Treaties. On this basis, the Covenant is not subject to denunciation or withdrawal unless it is established that the parties intended to admit the possibility of denunciation or withdrawal or a right to do so is implied from the nature of the treaty.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1997
Paragraphe
Article 4: States of Emergency 2001, para. 1
- Paragraph text
- Article 4 of the Covenant is of paramount importance for the system of protection for human rights under the Covenant. On the one hand, it allows for a State party unilaterally to derogate temporarily from a part of its obligations under the Covenant. On the other hand, article 4 subjects both this very measure of derogation, as well as its material consequences, to a specific regime of safeguards. The restoration of a state of normalcy where full respect for the Covenant can again be secured must be the predominant objective of a State party derogating from the Covenant. In this general comment, replacing its General Comment No 5, adopted at the thirteenth session (1981), the Committee seeks to assist States parties to meet the requirements of article 4.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2001
Paragraphe
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 3
- Paragraph text
- Article 2 defines the scope of the legal obligations undertaken by States Parties to the Covenant. A general obligation is imposed on States Parties to respect the Covenant rights and to ensure them to all individuals in their territory and subject to their jurisdiction (see paragraph 10 below). Pursuant to the principle articulated in article 26 of the Vienna Convention on the Law of Treaties, States Parties are required to give effect to the obligations under the Covenant in good faith.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2004
Paragraphe
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 20
- Paragraph text
- Most States do not have specific enabling legislation to receive the Views of the Committee into their domestic legal order. The domestic law of some States parties does, however, provide for the payment of compensation to the victims of violations of human rights as found by international organs. In any case, States parties must use whatever means lie within their power in order to give effect to the Views issued by the Committee.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2009
Paragraphe
Article 19: Freedoms of opinion and expression 2011, para. 29
- Paragraph text
- The second legitimate ground is that of protection of national security or of public order (ordre public), or of public health or morals.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 58
- Paragraph text
- As a set of procedural guarantees, article 14 of the Covenant often plays an important role in the implementation of the more substantive guarantees of the Covenant that must be taken into account in the context of determining criminal charges and rights and obligations of a person in a suit at law. In procedural terms, the relationship with the right to an effective remedy provided for by article 2, paragraph 3 of the Covenant is relevant. In general, this provision needs to be respected whenever any guarantee of article 14 has been violated. However, as regards the right to have one's conviction and sentence reviewed by a higher tribunal, article 14, paragraph 5 of the Covenant is a lex specialis in relation to article 2, paragraph 3 when invoking the right to access a tribunal at the appeals level.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Article 1: The right to self-determination of peoples 1984, para. 3
- Paragraph text
- Although the reporting obligations of all States parties include article 1, only some reports give detailed explanations regarding each of its paragraphs. The Committee has noted that many of them completely ignore article 1, provide inadequate information in regard to it or confine themselves to a reference to election laws. The Committee considers it highly desirable that States parties' reports should contain information on each paragraph of article 1.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1984
Paragraphe
Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant 1994, para. 18
- Paragraph text
- It necessarily falls to the Committee to determine whether a specific reservation is compatible with the object and purpose of the Covenant. This is in part because, as indicated above, it is an inappropriate task for States parties in relation to human rights treaties, and in part because it is a task that the Committee cannot avoid in the performance of its functions. In order to know the scope of its duty to examine a State's compliance under article 40 or a communication under the first Optional Protocol, the Committee has necessarily to take a view on the compatibility of a reservation with the object and purpose of the Covenant and with general international law. Because of the special character of a human rights treaty, the compatibility of a reservation with the object and purpose of the Covenant must be established objectively, by reference to legal principles, and the Committee is particularly well placed to perform this task. The normal consequence of an unacceptable reservation is not that the Covenant will not be in effect at all for a reserving party. Rather, such a reservation will generally be severable, in the sense that the Covenant will be operative for the reserving party without benefit of the reservation.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 1994
Paragraphe
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 7
- Paragraph text
- Article 2 requires that States Parties adopt legislative, judicial, administrative, educative and other appropriate measures in order to fulfil their legal obligations. The Committee believes that it is important to raise levels of awareness about the Covenant not only among public officials and State agents but also among the population at large.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2004
Paragraphe
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 1
- Paragraph text
- The Optional Protocol to the International Covenant on Civil and Political Rights was adopted and opened for signature, ratification and accession by the same act of the General Assembly, resolution 2200 A (XXI) of 16 December 1966, by which the Covenant itself was adopted. Both the Covenant and the Optional Protocol entered into force on 23 March 1976.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2009
Paragraphe
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 12
- Paragraph text
- The term used in article 5, paragraph 4, of the Optional Protocol to describe the decisions of the Committee is "Views". These decisions state the Committee's findings on the violations alleged by the author of a communication and, where a violation has been found, state a remedy for that violation.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2009
Paragraphe
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 9
- Paragraph text
- In responding to a communication that appears to relate to a matter arising before the entry into force of the Optional Protocol for the State party (the ratione temporis rule), the State party should invoke that circumstance explicitly, including any comment on the possible "continuing effect" of a past violation.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2009
Paragraphe
Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant 1994, para. 16
- Paragraph text
- The Committee finds it important to address which body has the legal authority to make determinations as to whether specific reservations are compatible with the object and purpose of the Covenant. As for international treaties in general, the International Court of Justice has indicated in the Reservations to the Genocide Convention Case (1951) that a State which objected to a reservation on the grounds of incompatibility with the object and purpose of a treaty could, through objecting, regard the treaty as not in effect as between itself and the reserving State. Article 20, paragraph 4, of the Vienna Convention on the Law of Treaties 1969 contains provisions most relevant to the present case on acceptance of and objection to reservations. This provides for the possibility of a State to object to a reservation made by another State. Article 21 deals with the legal effects of objections by States to reservations made by other States. Essentially, a reservation precludes the operation, as between the reserving and other States, of the provision reserved; and an objection thereto leads to the reservation being in operation as between the reserving and objecting State only to the extent that it has not been objected to.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1994
Paragraphe
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 20
- Paragraph text
- Even when the legal systems of States parties are formally endowed with the appropriate remedy, violations of Covenant rights still take place. This is presumably attributable to the failure of the remedies to function effectively in practice. Accordingly, States parties are requested to provide information on the obstacles to the effectiveness of existing remedies in their periodic reports.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2004
Paragraphe
Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant 1994, para. 4
- Paragraph text
- The possibility of entering reservations may encourage States which consider that they have difficulties in guaranteeing all the rights in the Covenant none the less to accept the generality of obligations in that instrument. Reservations may serve a useful function to enable States to adapt specific elements in their laws to the inherent rights of each person as articulated in the Covenant. However, it is desirable in principle that States accept the full range of obligations, because the human rights norms are the legal expression of the essential rights that every person is entitled to as a human being.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1994
Paragraphe
Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant 1994, para. 10
- Paragraph text
- The Committee has further examined whether categories of reservations may offend the "object and purpose" test. In particular, it falls for consideration as to whether reservations to the non-derogable provisions of the Covenant are compatible with its object and purpose. While there is no hierarchy of importance of rights under the Covenant, the operation of certain rights may not be suspended, even in times of national emergency. This underlines the great importance of non-derogable rights. But not all rights of profound importance, such as articles 9 and 27 of the Covenant, have in fact been made non-derogable. One reason for certain rights being made non-derogable is because their suspension is irrelevant to the legitimate control of the state of national emergency (for example, no imprisonment for debt, in article 11). Another reason is that derogation may indeed be impossible (as, for example, freedom of conscience). At the same time, some provisions are non-derogable exactly because without them there would be no rule of law. A reservation to the provisions of article 4 itself, which precisely stipulates the balance to be struck between the interests of the State and the rights of the individual in times of emergency, would fall in this category. And some non-derogable rights, which in any event cannot be reserved because of their status as peremptory norms, are also of this character - the prohibition of torture and arbitrary deprivation of life are examples. While there is no automatic correlation between reservations to non-derogable provisions, and reservations which offend against the object and purpose of the Covenant, a State has a heavy onus to justify such a reservation.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 1994
Paragraphe
Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant 1994, para. 14
- Paragraph text
- The Committee considers that reservations relating to the required procedures under the first Optional Protocol would not be compatible with its object and purpose. The Committee must control its own procedures as specified by the Optional Protocol and its rules of procedure. Reservations have, however, purported to limit the competence of the Committee to acts and events occurring after entry into force for the State concerned of the first Optional Protocol. In the view of the Committee this is not a reservation but, most usually, a statement consistent with its normal competence ratione temporis. At the same time, the Committee has insisted upon its competence, even in the face of such statements or observations, when events or acts occurring before the date of entry into force of the first Optional Protocol have continued to have an effect on the rights of a victim subsequent to that date. Reservations have been entered which effectively add an additional ground of inadmissibility under article 5, paragraph 2, by precluding examination of a communication when the same matter has already been examined by another comparable procedure. In so far as the most basic obligation has been to secure independent third party review of the human rights of individuals, the Committee has, where the legal right and the subject-matter are identical under the Covenant and under another international instrument, viewed such a reservation as not violating the object and purpose of the first Optional Protocol.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1994
Paragraphe
Issues relating to reservations made upon ratification or accession to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the Covenant 1994, para. 19
- Paragraph text
- Reservations must be specific and transparent, so that the Committee, those under the jurisdiction of the reserving State and other States parties may be clear as to what obligations of human rights compliance have or have not been undertaken. Reservations may thus not be general, but must refer to a particular provision of the Covenant and indicate in precise terms its scope in relation thereto. When considering the compatibility of possible reservations with the object and purpose of the Covenant, States should also take into consideration the overall effect of a group of reservations, as well as the effect of each reservation on the integrity of the Covenant, which remains an essential consideration. States should not enter so many reservations that they are in effect accepting a limited number of human rights obligations, and not the Covenant as such. So that reservations do not lead to a perpetual non-attainment of international human rights standards, reservations should not systematically reduce the obligations undertaken only to those presently existing in less demanding standards of domestic law. Nor should interpretative declarations or reservations seek to remove an autonomous meaning to Covenant obligations, by pronouncing them to be identical, or to be accepted only in so far as they are identical, with existing provisions of domestic law. States should not seek through reservations or interpretative declarations to determine that the meaning of a provision of the Covenant is the same as that given by an organ of any other international treaty body.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1994
Paragraphe
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 6
- Paragraph text
- Although not a term found in the Optional Protocol or the Covenant, the Human Rights Committee uses the description "author" to refer to an individual who has submitted a communication to the Committee under the Optional Protocol. The Committee uses the term "communication" contained in article 1 of the Optional Protocol instead of terms such as "complaint" or "petition", although the latter term is reflected in the current administrative structure of the Office of the High Commissioner for Human Rights, where communications under the Optional Protocol are initially handled by a section known as the Petitions Team.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2009
Paragraphe
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 4
- Paragraph text
- Article 1 of the Optional Protocol provides that a State party to the Optional Protocol "recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State party of any of the rights set forth in the Covenant". It follows that States parties are obliged not to hinder access to the Committee and must prevent any retaliatory measures against any person who has submitted a communication to the Committee.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2009
Paragraphe
The obligations of States parties under the Optional Protocol to the International Covenant on Civil and Political Rights 2009, para. 16
- Paragraph text
- The Committee decided, in 1997, under its rules of procedure, to appoint a member of the Committee as Special Rapporteur for the follow-up of Views. That member, through written representations, and frequently also through personal meetings with diplomatic representatives of the State party concerned, urges compliance with the Committee's Views and discusses factors that may be impeding their implementation. In a number of cases, this procedure has led to acceptance and implementation of the Committee's Views where previously the transmission of those Views had met with no response.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2009
Paragraphe
Article 19: Freedoms of opinion and expression 2011, para. 5
- Paragraph text
- Taking account of the specific terms of article 19, paragraph 1, as well as the relationship of opinion and thought (article 18), a reservation to paragraph 1 would be incompatible with the object and purpose of the Covenant. Furthermore, although freedom of opinion is not listed among those rights that may not be derogated from pursuant to the provisions of article 4 of the Covenant, it is recalled that, "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". Freedom of opinion is one such element, since it can never become necessary to derogate from it during a state of emergency.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe