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Corruption and the right to health 2017, para. 23
- Paragraph text
- The right to health is recognized in the Constitution of the World Health Organization (WHO) and protected by the Universal Declaration of Human Rights and international human rights treaties which are binding on States parties, including the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child, the Convention on the Rights of Persons with Disabilities and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Additionally, regional human rights treaties and many domestic constitutions protect the right to health. These international treaties and domestic laws obligate States to take action to respect, protect and fulfil the right to health and to address corruption where it interferes with their right-to-health obligations. They should inform responses to corruption alongside other legal instruments, such as the United Nations Convention against Corruption.
- 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
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Families
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
A world fit for children 2002, para. 44.29
- Paragraph text
- [To achieve these goals, we will implement the following strategies and actions:] Give priority to programmes for family tracing and reunification, and continue to monitor the care arrangements for unaccompanied and/or separated refugee and internally displaced children.
- Organe
- United Nations General Assembly
- Type de document
- Resolution
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2002
- Date ajouter
- 19 août 2019
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 50
- Paragraph text
- The principle of non-refoulement, as contained in international and regional human rights and refugee law, is the prohibition on forcibly removing anyone, in any manner whatsoever, to a country or territory where they would be at real risk of persecution or serious human rights violations or abuses. In the view of the Committee, this principle covers the risk of torture and cruel, inhuman or degrading treatment or punishment, including inhumane and degrading conditions of detention for migrants or lack of necessary medical treatment in the country of return, as well as the risk to the right to life (arts. 9 and 10 of the Convention). It also applies to situations where individuals would not be protected from onward refoulement. The Committee is of the view that migrants and members of their families should be protected in cases where expulsions would constitute arbitrary interference with the right to family and private life. Migrants and members of their families in an irregular situation with international protection needs should also be protected against expulsion.
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 25
- Paragraph text
- To fulfil their obligations under article 23, paragraph 4, States parties must ensure that the matrimonial regime contains equal rights and obligations for both spouses with regard to the custody and care of children, the children's religious and moral education, the capacity to transmit to children the parent's nationality, and the ownership or administration of property, whether common property or property in the sole ownership of either spouse. States parties should review their legislation to ensure that married women have equal rights in regard to the ownership and administration of such property, where necessary. Also, States parties should ensure that no sex-based discrimination occurs in respect of the acquisition or loss of nationality by reason of marriage, of residence rights, and of the right of each spouse to retain the use of his or her original family name or to participate on an equal basis in the choice of a new family name. Equality during marriage implies that husband and wife should participate equally in responsibility and authority within the family.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Men
- Women
- Année
- 2000
- Date ajouter
- 19 août 2019
Paragraphe
Beijing Declaration and Platform for Action 1995, para. 165m
- Paragraph text
- [By Governments:] Adjust employment policies to facilitate the restructuring of work patterns in order to promote the sharing of family responsibilities;
- Organe
- Fourth World Conference on Women
- Type de document
- Declaration / Confererence outcome document
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- Families
- Women
- Année
- 1995
- Date ajouter
- 19 août 2019
Paragraphe
SRSG on children and armed conflict: Annual report 2010, para. 31
- Paragraph text
- The changing nature of conflict also carries implications and new challenges for the reintegration and rehabilitation of children. The United Nations system has invested significant resources in forging common standards and practice around disarmament, demobilization and reintegration of children. This has contributed significantly to system-wide buy-in and coordination for this critical priority. A tension exists, however, between the need for standardized practice and programmes and the fact that children face very different realities depending on the context. For instance, in settings of protracted conflict, children may be associated with armed forces and groups for many years. Others are abducted across borders, which has raised new challenges for regional coordination among many entities for family tracing, repatriation and reunification. In some contexts, children are increasingly used in terrorist activities and in counter-terrorism actions. It is also clear that the mode and rhythm for funding child disarmament, demobilization and reintegration programmes is increasingly under pressure where structured dialogue with parties to conflict and implementation of action plans to release children have yielded unanticipated caseloads.
- Organe
- Special Representative of the Secretary-General for children and armed conflict
- Type de document
- SRSG report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Children
- Families
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Servile marriage 2012, para. 9
- Paragraph text
- In its resolution 843 (IX), the General Assembly declared some customs, ancient laws and practices relating to marriage and the family to be inconsistent with the principles set forth in the Charter of the United Nations and in the Universal Declaration of Human Rights.
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 53
- Paragraph text
- Follow-up. The following must always be clear: (a) who has responsibility for the child and family from reporting and referral all the way through to follow-up; (b) the aims of any course of action taken - which must be fully discussed with the child and other relevant stakeholders; (c) the details, deadlines for implementation and proposed duration of any interventions; and (d) mechanisms and dates for the review, monitoring and evaluation of actions. Continuity between stages of intervention is essential and this may best be achieved through a case management process. Effective help requires that actions, once decided through a participatory process, must not be subject to undue delay. The follow-up must be understood in the context of article 39 (recovery and reintegration), article 25 (periodic review of treatment and placements), article 6, paragraph 2 (right to development) and article 29 (aims of education which present intentions and aspirations for development). Contact of the child with both parents should be ensured in accordance with article 9, paragraph 3, unless this is contrary to the best interests of the child.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Governance & Rule of Law
- Health
- Personnes concernées
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Violence against women 1998, para. n
- Paragraph text
- [Actions to be taken by Governments and civil society, including non-governmental organizations:] Conduct research on, and create policies and programmes to change, the attitudes and behaviour of perpetrators of violence against women within family and society;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Families
- Women
- Année
- 1998
- Date ajouter
- 19 août 2019
Paragraphe
Vulnerabilities of children to sale, trafficking and other forms of exploitation in situations of conflict and humanitarian crisis 2017, para. 58
- Paragraph text
- Another aspect of States’ failure to protect children in the context of humanitarian responses is the alarming practice of child detention owing to their irregular migration status. The Committee on the Rights of the Child and other human rights mechanisms have underscored that immigration-related detention of children can never be in their best interests and that, no matter whether they are unaccompanied or with their families, their detention constitutes a violation of their rights that, at times, may amount to “torture and ill-treatment”. The reasons invoked by States to resort to immigration-related detention of children include health and security screening, identity verification, protection and the facilitation of removal from the country. Alternatives to child detention should be sought. Children should be allowed to reside in a community-based context while their immigration status is being resolved. Good practices of such alternatives include the child-sensitive community assessment and placement model.
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2017
- Date ajouter
- 19 août 2019
Paragraphe
SRSG on violence against children: Annual report 2014, para. 63
- Paragraph text
- The Children, Young Persons and Their Families Act of New Zealand includes a presumption in favour of diversion. Accordingly, offences by children are primarily referred to an FGC, with a view to keeping children away from formal court proceedings.
- Organe
- Special Representative of the Secretary-General on violence against children
- Type de document
- SRSG report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Youth
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
SRSG on children and armed conflict: Annual report 2010, para. 37
- Paragraph text
- [Vulnerabilities and risks faced by children who are internally displaced during armed conflict – addressing their rights]: Regional legal instruments also affirm the main rights and guarantees provided for in international law and often elaborate upon them, including with express reference to internally displaced children. Most notably, the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), adopted in October 2009, includes specific provisions reaffirming the right of IDPs to personal documentation, education, protection against recruitment and use in hostilities, kidnapping, abduction, sexual slavery and trafficking, and protection that addresses the special needs of separated and unaccompanied minors, as well as of mothers with young children. The African Charter on the Rights and Welfare of the Child emphasizes the responsibility of States to ensure that IDP children “receive appropriate protection and humanitarian assistance” and pays special attention to the importance of reuniting families separated by displacement. The Council of Europe has adopted a number of recommendations concerning internal displacement, including as regards the right of internally displaced children to education.
- Organe
- Special Representative of the Secretary-General for children and armed conflict
- Type de document
- SRSG report
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2010
- Date ajouter
- 19 août 2019
Paragraphe
Violence against women: Twenty years of developments to combat violence against women 2014, para. 6
- Paragraph text
- Prior to, and during, the United Nations Decade for Women, from 1975 to 1985, the issue of violence against women in general, and more specifically domestic violence, was high on the agenda of women's rights activists. Advocacy at the World Conferences on Women, held in Mexico City and Copenhagen in 1975 and 1980 respectively, served as a catalyst for the adoption in 1985 of General Assembly resolution 40/36 on domestic violence. The Third World Conference on Women, held in Nairobi in 1985, and the Expert Group meeting on violence in the family, held in Vienna in 1986, further highlighted the global nature and concern regarding violence against women. In May 1991, the Economic and Social Council adopted resolution 1991/18 on violence against women in all its forms, in which it recommended the development of a framework for an international instrument that would explicitly address the issue of violence against women. The Council also urged Member States to adopt, strengthen and enforce legislation prohibiting violence against women and to take appropriate administrative, social and educational measures to protect women from all forms of physical and mental violence.
- Organe
- Special Rapporteur on violence against women, its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Families
- Women
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
Overview of working methods and vision 2011, para. 49
- Paragraph text
- The Special Rapporteur reiterates that efforts to combat torture require a more victim-centred perspective that seeks an integrated long-term approach to adequate redress and reparation, including compensation and rehabilitation for victims of torture and their families. He recommends that the perspectives of victims of torture be included in the development of programmes and policies aimed at addressing torture. In that respect, the Special Rapporteur reiterates the importance of a victim-centred approach to dealing with victims and survivors of torture. Similarly, he believes that victims have an important role to play as interested parties in holding torturers accountable for their actions. Indeed, the criminal procedures of some States are more hospitable than others to this engagement by victims; nevertheless, without undermining defendants' rights to all guarantees of a fair trial, victims should be allowed to participate actively in attempts to hold torturers accountable. Efforts to provide assistance to victims must seek to recognize and validate the traumatising experience of torture they have suffered, prevent further isolation by reintegrating them into society, and address the fundamental aim of torture which is, often, to isolate and engender fear in victims in order to break their will.
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Comprehensive child protection systems 2011, para. 30b
- Paragraph text
- [With regard to protection, care and child-friendly procedures, comprehensive legal frameworks should:] Provide child victims, witnesses and their families with adequate care, assistance and psychosocial support (including family support if needed) to ensure the full recovery and social reintegration of child victims;
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Health
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Comprehensive child protection systems 2011, para. 13f
- Paragraph text
- [In order to be functional and effective, child protection systems should:] Ensure that all providers of services to children and families (the public sector, civil society organizations) are held accountable through the effective regulation and monitoring, at all levels, of child protection standards.
- Organe
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Penalization of people living in poverty 2011, para. 54
- Paragraph text
- In some of these programmes, non-compliance with conditionalities results in the immediate cancellation of benefits, without first assessing the reasons for non compliance. Often, this also means that the family cannot reapply to the programme, notwithstanding its needs and the reasons behind its failure to comply.
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Recruitment practices and the human rights of migrants 2015, para. 31
- Paragraph text
- Systemic barriers to access to justice can compound abuses of migrants' rights. A number of human rights standards, including the International Covenant on Civil and Political Rights, 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, recognize that everyone has the right to an effective remedy from the competent national tribunals for acts violating the fundamental rights granted to him or her. Despite these international protections, many migrants face serious barriers to accessing remedies when they are exploited and abused within and as a result of the recruitment process. These barriers include: lack of local language skills; limited knowledge about rights and means of remedy; geographical constraints; restrictions of migrants' freedom of movement; fear among migrants of retaliation or economic losses if they make complaints against recruiters; long processing times for complaints; a general practice of recruiters of deliberately avoiding giving migrants documents that could prove payment of fees; fragmentation of different rights across various judicial and non-judicial mechanisms; the growth of non-judicial remedies; and a lack of legal aid.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Detention of migrants in an irregular situation 2012, para. 40
- Paragraph text
- Migrant children are sometimes detained together with their parents when the latter are found to be in an irregular situation, justified on the basis of maintaining family unity. Not only may this violate the principle of the best interests of the child and the right of the child to be detained only as a measure of last resort, but it may also violate their right not be punished for the acts of their parents (art. 2, para. 2). This does not mean that the best interests of the child are served through splitting up the family by detaining the parents and transferring their children to the alternative-care system. The detention of their parents has a detrimental effect on children, and may violate children's right not to be separated from their parents against their will, as well as the right to protection of the family set forward in article 23 of the International Covenant on Civil and Political Rights and article 10 of the International Covenant on Economic, Social and Cultural Rights. A decision to detain migrants who are accompanied by their children should therefore only be taken in very exceptional circumstances. States must carefully evaluate the need for detention in these cases, and rather preserve the family unit by applying alternatives to detention to the entire family.
- Organe
- Special Rapporteur on the human rights of migrants
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 55
- Paragraph text
- The Committee on the Elimination of Discrimination against Women has had the opportunity to consider in its jurisprudence the obligation of States parties to address threats to women linked to lack of housing. In Ms. A.T. v. Hungary, the Committee considered the circumstances of a woman with two children who was viciously beaten by her husband and who feared for her life. She was unable to move to a shelter because there were no spaces available to accommodate her child, who had a disability. The domestic courts refused to grant A.T. possession of her home, in consideration of the property rights of her husband. The Committee held that women's human rights to life and to physical and mental integrity could not be superseded by other rights, including the right to property and the right to privacy. The Committee recommended that Hungary take positive measures to remedy the situation of A.T., to ensure better protection for women more generally and to ensure that A.T. was given a safe home in which to live with her children, as well as child support, legal assistance and reparation for the violations of her rights.
- 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
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Women
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
The right to life and the right to adequate housing: the indivisibility and interdependence between these rights 2016, para. 36
- Paragraph text
- Similarly, in Jasin v. Denmark (see CCPR/C/114/D/2360/2014) the Committee considered the effects of homelessness in the context of a single mother facing deportation to Italy. Osman Jasin had fled for her life from a violent husband in Somalia and was rescued by the Italian Coastguard while crossing the Mediterranean. In Italy, she tried without success to find housing, lived in the street with her one-year-old daughter, sleeping in railway stations and marketplaces. Ms. Jasin and her daughter left Italy to seek asylum in the Netherlands, but were returned to Italy, where she again lived in the street with her two-year-old daughter, sleeping in railway stations during a pregnancy. She was denied medical assistance during the birth of her second child because she had no address. When she was unable to pay to renew her Italian residency permit, she travelled to Denmark. The Committee found that returning her and her children to Italy would constitute cruel and inhuman treatment because they would likely become homeless again.
- 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
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 44
- Paragraph text
- In the case of East Timor discussed earlier, the importance and value of direct participation of the affected population in re-establishing a system of housing, land and property rights in the aftermath of the 1999 referendum was emphasized from an early stage. A 2000 report to the United Nations indicated that the majority of Timorese interviewed during a fact-finding study had confirmed the importance of involvement of customary local dispute resolution structures in future land dispute resolution and adjudication mechanisms, on the grounds of their persisting legitimacy in spite of decades of conflict and dispossession and also their role as a valuable source of "information, including details of boundaries, levels of rights and history of acquisition and loss ". On the basis of these submissions from a broad range of Timorese, the report recommended that where feasible, existing local dispute resolution structures should be used as a crucial first step in dealing with land, housing and property disputes. This mediation could commence "at any of a number of levels, right down to the level of family meetings".
- 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
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
The exercise of the rights to freedom of peaceful assembly and of association in the context of multilateral institutions 2014, para. 65
- Paragraph text
- There have been repeated instances of reprisals against individuals, or their relatives, participating or seeking to participate in sessions of the Human Rights Council. The most dramatic forms of retaliation involved the loss of lives. For instance, Cao Shunli, a Chinese human rights defender who worked on increasing citizen inputs to the preparations of China's UPR, was arrested in September 2013 before boarding her flight to Geneva to participate in a human rights seminar and observe China's UPR. She was subsequently charged with the crime of "provocation". While in detention, her health dramatically deteriorated as she was allegedly denied medical treatment. She died on 14 March 2014. In December 2008, Edwin Legarda, an indigenous leader and husband of Aida Quilcué Vivas, was killed by security forces on his way to collect his wife at the airport. She was returning from Geneva, where she had participated in the UPR session of Colombia. Six former members of the military were subsequently arrested, tried and sentenced to 40 years' imprisonment.
- Organe
- Special Rapporteur on the rights to freedom of peaceful assembly and association
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Activists
- Ethnic minorities
- Families
- Année
- 2014
- Date ajouter
- 19 août 2019
Paragraphe
The right to freedom of opinion and expression exercised through the Internet 2011, para. 27
- Paragraph text
- In addition, the Special Rapporteur emphasizes that due to the unique characteristics of the Internet, regulations or restrictions which may be deemed legitimate and proportionate for traditional media are often not so with regard to the Internet. For example, in cases of defamation of individuals' reputation, given the ability of the individual concerned to exercise his/her right of reply instantly to restore the harm caused, the types of sanctions that are applied to offline defamation may be unnecessary or disproportionate. Similarly, while the protection of children from inappropriate content may constitute a legitimate aim, the availability of software filters that parents and school authorities can use to control access to certain content renders action by the Government such as blocking less necessary, and difficult to justify. Furthermore, unlike the broadcasting sector, for which registration or licensing has been necessary to allow States to distribute limited frequencies, such requirements cannot be justified in the case of the Internet, as it can accommodate an unlimited number of points of entry and an essentially unlimited number of users.
- 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
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe
Normative action for quality education 2012, para. 23
- Paragraph text
- The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child establish that education should be aimed at the full development of the human personality and the sense of its dignity. Article 26 of the Declaration clearly states that education must be “directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms.” Article 13 of the Covenant specifies that education “shall enable all persons to participate effectively in a free society, promote understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, and further the activities of the United Nations for the maintenance of peace.” Article 29 of the Convention on the Rights of the Child goes further in stipulating that education must develop respect for human rights, the child's parents, his or her own cultural identity, language and values, for the national values of the country in which the child is living, the country from which he or she may originate, and for civilizations different from his or her own. Education must prepare the child for responsible life in a free society.
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2012
- Date ajouter
- 19 août 2019
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 48
- Paragraph text
- Several States have no secular family code and regulate personal status either by integrating religious laws on the family into constitutional or legislative provisions or by granting religious authorities or religious tribunals jurisdiction over personal status so that they may apply the family codes derived from the sacred texts. Currently, a large number of States that have Islam as their State religion, such as the Islamic and Arab republics, regulate the personal status of all citizens by applying Islamic law from the Koran and the Sunna. Although the notion of the equality of men and women before the law is often incorporated in their constitutions, some States maintain that this equality does not apply in the case of laws on the family and on marital or personal status. Some States that recognize the legal competence of a majority religion in the State also grant non-majority religions jurisdiction over their own communities of faithful, such as Lebanon (Muslim majority), India (Hindu majority) and Israel (Jewish majority).
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 2015
- Date ajouter
- 19 août 2019
Paragraphe
Vision for the mandate 2016, para. 23
- Paragraph text
- Challenges to ending impunity may include lack of confidence in the law enforcement or judicial system owing to fear of reprisals or stigmatization, ignorance of their rights or lack of financial resources. Barriers also subsist at the investigations level, where there might be difficulties in finding witnesses owing, inter alia, to stigmatization and discrimination, fear of reprisals (including through witchcraft), lack of comprehensive witness protection programmes, involvement of family members and lack of financial resources. Barriers subsisting at the prosecution stage may include restrictions in the implementation of the right to a fair trial and due process, such as the lack of adequate legal representation. In addition, even when perpetrators are successfully prosecuted, it has been reported that too often the sentence pronounced is not proportionate to the gravity of the crime committed. Such outcomes can undermine the trust of victims in the justice system and lead to a reduction in the number of cases reported. Other barriers to ending impunity can be found at the policy and legislative levels, including the need for a clear and adequate legal framework regarding albinism that covers attacks and the impact of witchcraft on the human rights of persons with albinism.
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- Families
- Année
- 2016
- Date ajouter
- 19 août 2019
Paragraphe
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 91
- Paragraph text
- [States must have full respect for the preconditions provided under article 21 of the Convention as well as other relevant international instruments, including in particular the Hague Convention on Protection of Children and Cooperation in Respect of Inter-Country Adoption and its 1994 Recommendation Concerning the Application to Refugee and other Internationally Displaced Children when considering the adoption of unaccompanied and separated children. States should, in particular, observe the following:] Adoption of unaccompanied or separated children should only be considered once it has been established that the child is in a position to be adopted. In practice, this means, inter alia, that efforts with regard to tracing and family reunification have failed, or that the parents have consented to the adoption. The consent of parents and the consent of other persons, institutions and authorities that are necessary for adoption must be free and informed. This supposes notably that such consent has not been induced by payment or compensation of any kind and has not been withdrawn;
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Families
- Persons on the move
- Année
- 2005
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 39
- Paragraph text
- However, since article 3, paragraph 1, covers a wide range of situations, the Committee recognizes the need for a degree of flexibility in its application. The best interests of the child - once assessed and determined - might conflict with other interests or rights (e.g. of other children, the public, parents, etc.). Potential conflicts between the best interests of a child, considered individually, and those of a group of children or children in general have to be resolved on a case-by-case basis, carefully balancing the interests of all parties and finding a suitable compromise. The same must be done if the rights of other persons are in conflict with the child's best interests. If harmonization is not possible, authorities and decision-makers will have to analyse and weigh the rights of all those concerned, bearing in mind that the right of the child to have his or her best interests taken as a primary consideration means that the child's interests have high priority and not just one of several considerations. Therefore, a larger weight must be attached to what serves the child best.
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2013
- Date ajouter
- 19 août 2019
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 55b
- Paragraph text
- [Judicial involvement may consist of the following:] Juvenile or family court intervention leading to a specific measure of child protection;
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Families
- Année
- 2011
- Date ajouter
- 19 août 2019
Paragraphe