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The position of aliens under the Covenant 1986, para. 5
- Paragraph text
- The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. It is in principle a matter for the State to decide who it will admit to its territory. However, in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non discrimination, prohibition of inhuman treatment and respect for family life arise.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Persons on the move
- Année
- 1986
Paragraphe
General Measures of Implementation of the Convention of the Rights of the Child 2003, para. 4
- Paragraph text
- Also under article 3, paragraph 2, "States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures."
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2003
Paragraphe
Children’s rights in juvenile justice 2007, para. 89
- Paragraph text
- [The Committee wishes to emphasize that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:] The staff of the facility should promote and facilitate frequent contacts of the child with the wider community, including communications with his/her family, friends and other persons or representatives of reputable outside organizations, and the opportunity to visit his/her home and family;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2007
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the workplace 2016, para. 50
- Paragraph text
- The rights to freedom of peaceful assembly and of association are recognized in numerous international instruments, including the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2016
Paragraphe
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 6
- Paragraph text
- The Committee considers that the reports should include information on the authorities and organs set up within the legal system of the State which are competent to authorize interference allowed by the law. It is also indispensable to have information on the authorities which are entitled to exercise control over such interference with strict regard for the law, and to know in what manner and through which organs persons concerned may complain of a violation of the right provided for in article 17 of the Covenant. States should in their reports make clear the extent to which actual practice conforms to the law. State party reports should also contain information on complaints lodged in respect of arbitrary or unlawful interference, and the number of any findings in that regard, as well as the remedies provided in such cases.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Families
- Année
- 1988
Paragraphe
Article 23: Protection of the Family, the Right to Marriage and Equality of the Spouses 1990, para. 1
- Paragraph text
- Article 23 of the International Covenant on Civil and Political Rights recognizes that the family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Protection of the family and its members is also guaranteed, directly or indirectly, by other provisions of the Covenant. Thus, article 17 establishes a prohibition on arbitrary or unlawful interference with the family. In addition, article 24 of the Covenant specifically addresses the protection of the rights of the child, as such or as a member of a family. In their reports, States parties often fail to give enough information on how the State and society are discharging their obligation to provide protection to the family and the persons composing it.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 1990
Paragraphe
Article 17: The right to respect of privacy, family, home and correspondence, and protection of honour and reputation 1988, para. 11
- Paragraph text
- Article 17 affords protection to personal honour and reputation and States are under an obligation to provide adequate legislation to that end. Provision must also be made for everyone effectively to be able to protect himself against any unlawful attacks that do occur and to have an effective remedy against those responsible. States parties should indicate in their reports to what extent the honour or reputation of individuals is protected by law and how this protection is achieved according to their legal system.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 1988
Paragraphe
Article 9: Liberty and security of person 2014, para. 59
- Paragraph text
- Article 10 of the Covenant, which addresses conditions of detention for persons deprived of liberty, complements article 9, which primarily addresses the fact of detention. At the same time, the right to personal security in article 9, paragraph 1, is relevant to the treatment of both detained and non-detained persons. The appropriateness of the conditions prevailing in detention to the purpose of detention is sometimes a factor in determining whether detention is arbitrary within the meaning of article 9. Certain conditions of detention (such as denial of access to counsel and family) may result in procedural violations of paragraphs 3 and 4 of article 9. Article 10, paragraph 2 (b), reinforces for juveniles the requirement in article 9, paragraph 3, that pretrial detainees be brought to trial expeditiously.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2014
Paragraphe
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 41
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] Lastly, with regard to women and children belonging to the groups referred to in the last paragraph of the preamble, States parties should pay the greatest attention possible with a view to ensuring that such persons benefit from the special regime to which they are entitled in relation to the execution of sentences, bearing in mind the particular difficulties faced by mothers of families and women belonging to certain communities, particularly indigenous communities.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Ethnic minorities
- Families
- Women
- Année
- 2004
Paragraphe
Children’s rights in juvenile justice 2007, para. 39
- Paragraph text
- Finally, the Committee wishes to emphasize the fact that it is crucial for the full implementation of article 7 of CRC requiring, inter alia, that every child shall be registered immediately after birth to set age-limits one way or another, which is the case for all States parties. A child without a provable date of birth is extremely vulnerable to all kinds of abuse and injustice regarding the family, work, education and labour, particularly within the juvenile justice system. Every child must be provided with a birth certificate free of charge whenever he/she needs it to prove his/her age. If there is no proof of age, the child is entitled to a reliable medical or social investigation that may establish his/her age and, in the case of conflict or inconclusive evidence, the child shall have the right to the rule of the benefit of the doubt.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2007
Paragraphe
Children’s rights in juvenile justice 2007, para. 48
- Paragraph text
- Providing the child with an official document is not enough and an oral explanation may often be necessary. The authorities should not leave this to the parents or legal guardians or the child's legal or other assistance. It is the responsibility of the authorities (e.g. police, prosecutor, judge) to make sure that the child understands each charge brought against him/her. The Committee is of the opinion that the provision of this information to the parents or legal guardians should not be an alternative to communicating this information to the child. It is most appropriate if both the child and the parents or legal guardians receive the information in such a way that they can understand the charge(s) and the possible consequences.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2007
Paragraphe
The right of the child to be heard 2009, para. 36
- Paragraph text
- The representative can be the parent(s), a lawyer, or another person (inter alia, a social worker). However, it must be stressed that in many cases (civil, penal or administrative), there are risks of a conflict of interest between the child and their most obvious representative (parent(s)). If the hearing of the child is undertaken through a representative, it is of utmost importance that the child's views are transmitted correctly to the decision maker by the representative. The method chosen should be determined by the child (or by the appropriate authority as necessary) according to her or his particular situation. Representatives must have sufficient knowledge and understanding of the various aspects of the decision-making process and experience in working with children.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2009
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 1988
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Violence
- Personnes concernées
- Activists
- Families
- Année
- 2015
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Violence
- Personnes concernées
- Activists
- Families
- Année
- 2017
Paragraphe
The right to access information 2013, para. 16
- Paragraph text
- The European Court of Human Rights has also recognized the importance of the right of victims and families to know the truth, in particular with regard to circumstances or events relating to serious violations of fundamental rights, such as the right to life.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2013
Paragraphe
The right to access information 2013, para. 29
- Paragraph text
- In addition, in the context of serious human rights violations, there is a particular obligation which requires States to inform not only the victims and their families but also society as a whole of what has happened.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2013
Paragraphe
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 52
- Paragraph text
- In relation to the enforcement of the death penalty, the Human Rights Committee has recommended that families of death row inmates be given reasonable advanced notice of the scheduled date and time of execution, with a view to reducing the psychological suffering caused by the lack of opportunity to prepare themselves for that event (CCPR/C/JPN/CO/5, para. 16). Similarly, in Staselovich v. Belarus, the Committee found that the failure of the authorities to notify the mother of the scheduled date for the execution of her son and their subsequent persistent failure to notify her of the location of her son's grave amounted to inhuman treatment of the mother. Secrecy and the refusal to hand over remains to families are especially cruel features of capital punishment, highlighting the need for total transparency and avoidance of harm to innocents in the whole process.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Families
- Année
- 2012
Paragraphe
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 29
- Paragraph text
- States parties shall ensure that the best interests of the child are taken fully into consideration in immigration law, planning, implementation and assessment of migration policies and decision-making on individual cases, including in granting or refusing applications on entry to or residence in a country, decisions regarding migration enforcement and restrictions on access to social rights by children and/or their parents or legal guardians, and decisions regarding family unity and child custody, where the best interests of the child shall be a primary consideration and thus have high priority.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
Paragraphe
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 21
- Paragraph text
- The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Movement
- Personnes concernées
- Children
- Families
- Infants
- Persons on the move
- Année
- 2017
Paragraphe
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 5
- Paragraph text
- Every child, at all times, has a fundamental right to liberty and freedom from immigration detention. The Committee on the Rights of the Child has asserted that the detention of any child because of their or their parents’ migration status constitutes a child rights violation and contravenes the principle of the best interests of the child. In this light, both Committees have repeatedly affirmed that children should never be detained for reasons related to their or their parents’ migration status and States should expeditiously and completely cease or eradicate the immigration detention of children. Any kind of child immigration detention should be forbidden by law and such prohibition should be fully implemented in practice.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
Paragraphe
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 17d
- Paragraph text
- [Formulates the following recommendations addressed to States parties:] [In order to make it easier for the victims of acts of racism to bring actions in the courts, the steps to be taken should include the following:] Guaranteeing protection for the victim or the victim's family against any form of intimidation or reprisals;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2004
Paragraphe
Selected groups of defenders at risk: journalists and media workers, defenders working on land and environment issues; and youth and student defenders 2012, para. 105
- Paragraph text
- Six communications involved raids/searches of offices, confiscation of materials (including computers and paper files) and surveillance of defenders, their organizations, their homes and/or offices. Five communications included violations of psychological integrity including death threats, harassment by police, security forces and non-State actors and, in some cases, these actions targeted defenders' family members.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Violence
- Personnes concernées
- Activists
- Families
- Année
- 2012
Paragraphe
SRSG on violence against children: Annual report 2014, para. 95
- Paragraph text
- Restorative justice shows very positive results in terms of victim, offender, family and community satisfaction. The parties involved, including child offenders, recognize that they have a greater opportunity to be heard, to enhance understanding of the various positions and to participate in the outcome of the process, while having a greater sense of control over this process. This is an important factor for the effective implementation of restorative justice programmes and helps to make the system more responsive to the rights of all those involved.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Representative of the Secretary-General on violence against children
- Type de document
- SRSG report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2014
Paragraphe
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 83d
- Paragraph text
- [In terms of access to justice, prosecution and sanctions, States, in cooperation with United Nations agencies and programmes, international organizations, host countries and civil society organizations, should:] Ensure that a legal representative for all children (including families) and a trained guardian for unaccompanied and separated children are appointed as soon as possible upon arrival, free of charge;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2017
Paragraphe
Implementation of article 2 by States parties 2008, para. 13
- Paragraph text
- Certain basic guarantees apply to all persons deprived of their liberty. Some of these are specified in the Convention, and the Committee consistently calls upon States parties to use them. The Committee's recommendations concerning effective measures aim to clarify the current baseline and are not exhaustive. Such guarantees include, inter alia, maintaining an official register of detainees, the right of detainees to be informed of their rights, the right promptly to receive independent legal assistance, independent medical assistance, and to contact relatives, the need to establish impartial mechanisms for inspecting and visiting places of detention and confinement, and the availability to detainees and persons at risk of torture and ill-treatment of judicial and other remedies that will allow them to have their complaints promptly and impartially examined, to defend their rights, and to challenge the legality of their detention or treatment.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Families
- Persons on the move
- Année
- 2008
Paragraphe
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Année
- 2004
Paragraphe
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 25
- Paragraph text
- Pursuant to article 12 of the Convention, in determining the measures to be adopted with regard to unaccompanied or separated children, the child's views and wishes should be elicited and taken into account (art. 12 (1)). To allow for a well-informed expression of such views and wishes, it is imperative that such children are provided with all relevant information concerning, for example, their entitlements, services available including means of communication, the asylum process, family tracing and the situation in their country of origin (arts. 13, 17 and 22 (2)). In guardianship, care and accommodation arrangements, and legal representation, children's views should also be taken into account. Such information must be provided in a manner that is appropriate to the maturity and level of understanding of each child. As participation is dependent on reliable communication, where necessary, interpreters should be made available at all stages of the procedure.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2005
Paragraphe
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 87d
- Paragraph text
- [The Committees recommend that the States parties to the Conventions:] Ensure that children participating in legal processes have access to appropriate child-sensitive services to safeguard their rights and safety and to limit the possible negative impacts of the proceedings. Protective action may include limiting the number of times that a victim is required to give a statement and not requiring that individual to face the perpetrator or perpetrators. Other steps may include appointing a guardian ad litem (especially where the perpetrator is a parent or legal guardian) and ensuring that child victims have access to adequate child-sensitive information about the process and fully understand what to expect;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2014
Paragraphe