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Article 12: Freedom of movement 1999, para. 20
- Paragraph text
- The wording of article 12, paragraph 4, does not distinguish between nationals and aliens ("no one"). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase "his own country". The scope of "his own country" is broader than the concept "country of his nationality". It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Année
- 1999
Paragraphe
Combatting racist hate speech 2013, para. 46
- Paragraph text
- The prevalence of racist hate speech in all regions of the world continues to represent a significant contemporary challenge for human rights. The faithful implementation of the Convention as a whole, integrated into wider global efforts to counter hate speech phenomena, represents the best hope of translating the vision of a society free from intolerance and hatred into a living reality and promoting a culture of respect for universal human rights.
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Année
- 2013
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 39
- Paragraph text
- The question of whether to criminalize acts of witchcraft was examined by Philip Alston. After considering various arguments in favour of criminalization, including that local customs should be reflected in national law; that criminal law should protect against all types of violence, including violence committed by occult means; and that the failure of criminal law to address such acts leads individuals to take the law into their own hands to achieve what is popularly considered to be a just and fair result, he concluded that the weight of the arguments against criminalization was superior. Criminalization would reinforce the social stigmatization of those accused, and such a prohibition of witchcraft might be socially perceived as providing legitimacy to the killing and ill-treatment of alleged witches. In addition, the very subjective nature of witchcraft, illustrated by the difficulty of finding a clear definition of the concept and the impossibility of identifying objective factors as evidence to be weighed in a court of law were sufficient bases on which to conclude that acts of witchcraft as such should not be criminalized. This does not mean that criminal action becomes legitimate when committed for witchcraft purposes, but rather that a licit action should not be considered a criminal act because it is conducted for witchcraft purposes. Objective criminal acts should be prosecuted, regardless of their (mere or inextricable) link to witchcraft.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2017
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 72
- Paragraph text
- Second are the inherent limits of self-regulation, weak law enforcement and the absence of a far-reaching oversight mechanism for both urban and rural areas. Further, self-regulation by organizations of traditional healers have done little to prevent purported practitioners of traditional medicine from establishing themselves on their own, with no oversight at all. Weak enforcement of government licensing systems has also led to similar situations.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Health
- Année
- 2017
Paragraphe
Right to food and nutrition 2016, para. 77
- Paragraph text
- Some countries, such as Australia, the Republic of Korea and the United States, require restaurant chains to include information on energy and nutrient content or warning labels on sodium content. Clear standards are also needed on the use of nutrition and health claims to prevent consumers from being misled. In the United States, public demand for increased transparency has led to several attempts to implement mandatory-labelling schemes for genetically engineered foods.
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Food & Nutrition
- Health
- Année
- 2016
Paragraphe
The right to access information 2013, para. 33
- Paragraph text
- The set of principles for the protection and promotion of human rights through action to combat impunity, as updated in 2005 by the independent expert appointed for that purpose (A/CN.4/2005/102/Add.1), also spells out the obligations of States to inform society of what has happened and recognizes the inalienable right of every people to know the truth (principle 2), emphasizing also the preservation and facilitation of access to archives (principles 14 and 15).
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Année
- 2013
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 25
- Paragraph text
- Despite the various measures taken to eradicate the worst forms of child labour from the carpet industry, these forms were reported to continue to exist in handmade carpet production units in South Asia, in which carpets are produced for export mainly to the United States of America. Various studies have reported the existence of contemporary forms of slavery and labour exploitation in the construction industry and forced labour in the manufacturing of electronic goods has also been the subject of recent research.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Social & Cultural Rights
- Violence
- Année
- 2015
Paragraphe
Protection of journalists and media freedom 2012, para. 53
- Paragraph text
- Another threat to the freedom of journalists and to press freedom is the increasing use of criminal law on defamation, slander or libel by public officials to silence criticism regarding their personal activities or public policies. The mere use of such "judicial harassment" generates a climate of fear and a "chilling effect" which encourages self-censorship. This issue is further explored under section D below on criminalization of expression.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Année
- 2012
Paragraphe
Protection of journalists and press freedom 2010, para. 50
- Paragraph text
- During times of conflict, journalists are at a heightened risk of being subjected to arbitrary detention and internment for alleged security reasons. In an international armed conflict, war correspondents, or representatives of the media who are accredited to, and accompany, the armed forces without being members thereof, are entitled to the status and treatment of a prisoner-of-war in case of capture. This is by virtue of the fact that they are formally authorized to accompany the armed forces and aim to keep the closest possible contact with the armed forces and thus inevitably share the fate of the armed forces. Hence, war correspondents benefit from all the protections of the Third Geneva Convention as supplemented by Additional Protocol I and customary international law. All other journalists who fall into the hands of a party to an international armed conflict benefit at least from the protections granted in article 75 of Additional Protocol I, which includes, inter alia, prohibition of violence to life, health or physical or mental well-being, humiliating and degrading treatment, and taking of hostages. They are also entitled to fair trial guarantees in the case of detention for penal offences. In addition, journalists in the hands of a party to the conflict or occupying power of which they are not nationals benefit from the protections granted by the Geneva Convention relative to the Protection of Civilian Persons in Time of War (Fourth Geneva Convention).
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 2010
Paragraphe
Protection of journalists and media freedom 2012, para. 76
- Paragraph text
- Although the above examples of challenges and good practices relating to the protection of journalists in situations of widespread violence or impunity have been drawn from Latin America, this is not the only region in which these issues are a concern. The Special Rapporteur has sent communications to several countries regarding issues such as impunity, journalists reporting on violence and organized crime, as outlined in chapters II and III above.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Violence
- Année
- 2012
Paragraphe
The right to freedom of opinion and expression in electoral contexts 2014, para. 38
- Paragraph text
- Restrictions on political expression take a variety of forms - from defamation and slander laws, to blanket bans on critical expression relating to incumbent politicians, to the prohibition of whole media sources, outlets and websites - and impact not only the individuals or groups which might run afoul of them, but the media outlets or intermediaries that publish restricted, or what is considered to be illegal, political expression.
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Année
- 2014
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 23
- Paragraph text
- The context of elections may also heavily impact on the rights to freedom of peaceful assembly and of association. This is particularly the case when assemblies are systematically prohibited or when individuals active in associations promoting transparent and fair electoral processes and defending democratic principles are subject to harassment and intimidation for their civic activism.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Année
- 2012
Paragraphe
Comparative study of enabling environments for associations and businesses 2015, para. 86
- Paragraph text
- Businesses' relationship with the government in many States can be described as "cosy" and is often characterized by privileged access and treatment. It is not uncommon for politicians to be former businesspeople and vice versa or to have close, even family, ties to the business sector. Even those without extensive personal experience in commerce undoubtedly rely to some extent on the support of the business community.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Année
- 2015
Paragraphe
Best practices that promote and protect the rights to freedom of peaceful assembly and of association 2012, para. 24
- Paragraph text
- An "assembly" is an intentional and temporary gathering in a private or public space for a specific purpose. It therefore includes demonstrations, inside meetings, strikes, processions, rallies or even sits-in. Assemblies play a vibrant role in mobilizing the population and formulating grievances and aspirations, facilitating the celebration of events and, importantly, influencing States' public policy.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Année
- 2012
Paragraphe
Fundamentalism and its impact on the rights to freedom of peaceful assembly and of association 2016, para. 65
- Paragraph text
- The Special Rapporteur emphasizes that States have a responsibility to protect the peaceful assembly and association rights of all people, even if they hold unpopular views or practise a minority faith. This responsibility includes the duty to protect individuals and groups from attacks by non-State actors, and to ensure accountability when such attacks occur.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Année
- 2016
Paragraphe
Right to health in early childhood - Right to survival and development 2015, para. 55
- Paragraph text
- Modern health systems and modern health policies should not be limited to a biomedical model of addressing separate diseases and managing them with advanced biomedical interventions. Addressing social and other underlying determinants of health by applying modern principles of health promotion, primary care, mental health and integrated health and social services is legally required by the right to health, including in early childhood.
- Organe
- Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Health
- Année
- 2015
Paragraphe
Homelessness as a global human rights crisis that demands an urgent global response 2016, para. 30
- Paragraph text
- The precariousness of informality and the prevalence of development-based evictions continue to be major structural causes of homelessness. Informal neighbourhoods are wiped out and replaced with high-end tourist attractions, shopping malls or entertainment districts. Land contamination and mismanagement compound these effects. Evictions without adequate resettlement, as is common, invariably lead to homelessness.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Social & Cultural Rights
- Année
- 2016
Paragraphe
Financialization of housing and the right to adequate housing 2017, para. 4
- Paragraph text
- In "hedge cities", prime destinations for global capital seeking safe havens for investments, housing prices have increased to levels that most residents cannot afford, creating huge increases in wealth for property owners in prime locations while excluding moderate- and low-income households from access to homeownership or rentals due to unaffordability. Those households are pushed to peri-urban areas with scant employment and services.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Social & Cultural Rights
- Année
- 2017
Paragraphe
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 35
- Paragraph text
- The post-Hurricane Mitch period also saw development in the legal framework related to land and housing issues, though the judicial system remained weak and so the potential benefits of the new legislation remained inaccessible to the poor. Missing from the current strategy in Honduras is a comprehensive programme to increase the supply of urbanized land and improve tenure security for the poor and the marginalized.
- Organe
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Poverty
- Social & Cultural Rights
- Année
- 2011
Paragraphe
On the Declaration on human rights defenders 2011, para. 69
- Paragraph text
- Article 13 of the Declaration also specifies that the funds must be used "for the express purpose of promoting and protecting human rights and fundamental freedoms through peaceful means". In addition, article 3 of the Declaration establishes that while domestic legislation is the proper legal framework to guarantee the enjoyment of the right to access funding, legislation must be consistent with international human rights norms and standards.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Année
- 2011
Paragraphe
Workplan and Future Activities of the Special Rapporteur 2015, para. 85
- Paragraph text
- The database of communications sent to States and their replies shows to what extent a large number of governments do not reply adequately to communications, urgent appeals or letters of allegation, however well documented. Their replies do not always cover the situation or the case concerned but simply set out the situation, often in very general terms, without really addressing the seriousness of the cases in question.
- Organe
- Special Rapporteur on the situation of human rights defenders
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Année
- 2015
Paragraphe
Preventing and addressing violence and atrocities against minorities 2014, para. 50
- Paragraph text
- The Committee noted that the significance of the indicators for predicting genocide or violence against racial, ethnic or religious groups should be supplemented by additional general indicators on: (a) prior history of genocide or violence against a group; (b) policy or practice of impunity; (c) existence of proactive communities abroad fostering extremism and/or providing arms; and (d) presence of external mitigating factors, such as the United Nations or other recognized invited third parties.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Violence
- Année
- 2014
Paragraphe
Hate speech and incitement to hatred against minorities in the media 2015, para. 89
- Paragraph text
- Ethics codes play an important role in guiding press workers on how to report objectively and responsibly. The Press Ethics Code of Benin emphasizes that "Journalists must refuse to publish any incitement to tribal, racial and religious hatred. They must make a stand against all forms of discrimination" (art. 10). Singapore's Internet Code of Practice considers as prohibited material that "glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance" (art. 4 (2)(g)).
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Année
- 2015
Paragraphe
Minorities and discrimination based on caste and analogous systems of inherited status 2016, para. 41
- Paragraph text
- In Nigeria, discrimination against Osu descendants persists. Osu people were historically considered a property of the local deities among communities in Igboland, in south-east Nigeria. The Osu were dedicated and "sacrificed" to these gods and forced to live on the outskirts of the villages. In 1958, the Osu Abolition Law was passed, but members of the Osu are still subjected to social exclusion, segregation and mistreatment, and discrimination in employment and marriage.
- Organe
- Special Rapporteur on minority issues
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Année
- 2016
Paragraphe
The UN responsibility for the cholera outbreak in Haiti 2016, para. 28
- Paragraph text
- On 3 November 2011, a petition was lodged with MINUSTAH on behalf of some 5,000 cholera victims claiming (a) a fair and impartial hearing; (b) monetary compensation; (c) preventive action by the United Nations; and (d) a public acknowledgement of United Nations responsibility and a public apology. Sixteen months later the Under-Secretary-General for Legal Affairs replied, noting that "the United Nations is extremely saddened by the catastrophic outbreak of cholera, and the Secretary-General has expressed his profound sympathy for the terrible suffering caused by the cholera outbreak". The Under-Secretary-General went on to make what seems to be an indirect reference to the theory that the earthquake that had occurred nine months earlier was the real culprit: "The cholera outbreak was not only an enormous national disaster, but was also a painful reminder of Haiti's vulnerability in the event of a national emergency." After recalling the independent panel's "confluence of circumstances" and no fault findings, the Under-Secretary-General deemed the claims "not receivable pursuant to Section 29 of the 1946 Convention on the Privileges and Immunities of the United Nations". That provision requires the United Nations to provide for appropriate modes of settlement of disputes of a private law character to which it is a party, but the Under-Secretary-General considered the claims not to be of a "private law character" because their consideration "would necessarily include a review of political and policy matters".
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 2016
Paragraphe
Integrating non-discrimination and equality into the post-2015 development agenda for water, sanitation and hygiene 2012, para. 71
- Paragraph text
- In addition, it would be extremely valuable to monitor how gender, age, and disability-related inequalities manifest themselves in relation to water, sanitation, and hygiene in public facilities such as schools and health facilities where other human rights are also compromised. Indeed, such inequalities may be even more acute in public spaces, making the collection of data about equity and equality variables especially important in these contexts.
- Organe
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Type de document
- Special Procedures' report
- Mode d'adoption
- N.A.
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Water & Sanitation
- Année
- 2012
Paragraphe
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 11. In cases where they deem it advisable in the interest of protected persons, particularly in cases of disagreement between the Parties to the conflict as to the application or interpretation of the provisions of the present Convention, the Protecting Powers shall lend their good offices with a view to settling the disagreement. For this purpose, each of the Protecting Powers may, either at the invitation of one Party or on its own initiative, propose to the Parties to the conflict a meeting of their representatives, in particular of the authorities responsible for the wounded, sick and shipwrecked, medical personnel and chaplains, possibly on neutral territory suitably chosen. The Parties to the conflict shall be bound to give effect to the proposals made to them for this purpose. The Protecting Powers may, if necessary, propose for approval by the Parties to the conflict, a person belonging to a neutral Power or delegated by the International Committee of the Red Cross, who shall be invited to take part in such a meeting.
- Organe
- International Committee of the Red Cross
- Type de document
- International treaty
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 1949
Paragraphe
Convention (II) for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea 1949, para. undefined
- Paragraph text
- Art 57. The present Convention shall come into force six months after not less than two instruments of ratification have been deposited. Thereafter, it shall come into force for each High Contracting Party six months after the deposit of the instrument of ratification.
- Organe
- International Committee of the Red Cross
- Type de document
- International treaty
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 1949
Paragraphe
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 79. The Parties to the conflict shall not intern protected persons, except in accordance with the provisions of Articles 41, 42, 43, 68 and 78.
- Organe
- International Committee of the Red Cross
- Type de document
- International treaty
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 1949
Paragraphe
Convention (IV) relative to the Protection of Civilian Persons in Time of War 1949, para. undefined
- Paragraph text
- Art. 65. The penal provisions enacted by the Occupying Power shall not come into force before they have been published and brought to the knowledge of the inhabitants in their own language. The effect of these penal provisions shall not be retroactive.
- Organe
- International Committee of the Red Cross
- Type de document
- International treaty
- Mode d'adoption
- N.A.
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Année
- 1949
Paragraphe