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African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- The Chairperson of the Commission shall first send an exploratory mission during the period prior to elections. This mission shall obtain any useful information and documentation, and brief the Chairperson, stating whether the necessary conditions have been established and if the environment is conducive to the holding of transparent, free and fair elections in conformity with the principles of the Union governing democratic elections.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- When the Peace and Security Council observes that there has been an unconstitutional change of government in a State Party, and that diplomatic initiatives have failed, it shall suspend the said State Party from the exercise of its right to participate in the activities of the Union in accordance with the provisions of articles 30 of the Constitutive Act and 7 (g) of the Protocol. The suspension shall take effect immediately.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- Electoral observer missions shall be conducted by appropriate and competent experts in the area of election monitoring, drawn from continental and national institutions such as, but not limited to, the Pan- African Parliament, national electoral bodies, national legislatures and eminent persons taking due cognizance of the principles of regional representation and gender equality.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. c
- Paragraph text
- The Commission shall: Coordinate evaluation on implementation of the Charter with other key organs of the Union including the Pan-African Parliament, the Peace and Security Council, the African Human Rights Commission, the African Court of Justice and Human Rights, the Economic, Social and Cultural Council, the Regional Economic Communities and appropriate national- level structures.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall cooperate at regional and continental levels in building and consolidating democracy through exchange of experiences.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 8
- Paragraph text
- State Parties shall not harbour or give sanctuary to perpetrators of unconstitutional changes of government.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Effective and efficient public sector management;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Ensure that there is a binding code of conduct governing legally recognized political stakeholders, government and other political actors prior, during and after elections. The code shall include a commitment by political stakeholders to accept the results of the election or challenge them in through exclusively legal channels.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- A copy of the report shall be submitted to the State Party concerned within a reasonable time.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Relevant reforms of public institutions including the security sector;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Guided by our common mission to strengthen and consolidate institutions for good governance, continental unity and solidarity;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- HAVE AGREED AS FOLLOWS:
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall commit themselves to promote democracy, the principle of the rule of law and human rights.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall entrench the principle of the supremacy of the constitution in the political organization of the State.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall ensure that the independence or autonomy of the said institutions is guaranteed by the constitution.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Recognising the contributions of the African Union and Regional Economic Communities to the promotion, nurturing, strengthening and consolidation of democracy and governance;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- Perpetrators of unconstitutional change of government may also be tried before the competent court of the Union.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall recognize popular participation through universal suffrage as the inalienable right of the people.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall ensure that the process of amendment or revision of their constitution reposes on national consensus, obtained if need be, through referendum.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Accountable, efficient and effective public administration;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Harmonious relationships in society including civil-military relations;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Strengthening the functioning and effectiveness of parliaments;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 7
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Organising regular, free and fair elections; and
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 11
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Preventing and combating crime;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Concerned about the unconstitutional changes of governments that are one of the essential causes of insecurity, instability and violent conflict in Africa;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties undertake to design and implement social and economic policies and programmes that promote sustainable development and human security.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall establish public institutions that promote and support democracy and constitutional order.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall ensure that these institutions are accountable to competent national organs.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall take all appropriate measures to ensure constitutional rule, particularly constitutional transfer of power.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall protect the right to equality before the law and equal protection by the law as a fundamental precondition for a just and democratic society.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Reaffirming our collective will to work relentlessly to deepen and consolidate the rule of law, peace, security and development in our countries;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- Electoral observer missions shall be conducted in an objective, impartial and transparent manner.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Improving public sector management;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Consolidating sustainable multiparty political systems;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall decentralize power to democratically elected local authorities as provided in national laws.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Determined to promote and strengthen good governance through the institutionalization of transparency, accountability and participatory democracy;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: An independent judiciary;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Prudent and sustainable utilization of public resources;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Preventing and combating corruption and related offences;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 9
- Paragraph text
- State Parties shall bring to justice the perpetrators of unconstitutional changes of government or take necessary steps to effect their extradition.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall respect ethnic, cultural and religious diversity, which contributes to strengthening democracy and citizen participation.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall create a conducive environment for independent and impartial national monitoring or observation mechanisms.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 8
- Paragraph text
- State Parties shall strive to institutionalize good political governance through: Entrenching and respecting the principle of the rule of law.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall undertake to provide and enable access to basic social services to the people.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall promote citizen participation in the development process through appropriate structures.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Youth Charter 2006, para. b
- Paragraph text
- GUIDED by the vision, hopes and aspirations of the African Union, inclusive of Africa's integration, the inherent dignity and inalienable rights afforded to all members of the human family as set out in the United Nations Universal Declaration of Human Rights (1948), the International Covenant of Civil and Political Rights (1976) and the International Covenant on Economic, Social and Cultural Rights (1976), and articulated for the African peoples through the African Charter on Human and People's Rights (1986);
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2006
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Committed to promote the universal values and principles of democracy, good governance, human rights and the right to development;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Cognizant of the historical and cultural conditions in Africa;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Promoting transparency in public finance management;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall ensure and promote strong partnerships and dialogue between government, civil society and private sector.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall take all necessary measures to strengthen the Organs of the Union that are mandated to promote and protect human rights and to fight impunity and endow them with the necessary resources.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Ensure fair and equitable access by contesting parties and candidates to state controlled media during elections.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any replacement of a democratically elected government by armed dissidents or rebels.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties undertake to implement programmes and carry out activities designed to promote democratic principles and practices as well as consolidate a culture of democracy and peace. To this end, State Parties shall: Promote good governance by ensuring transparent and accountable administration.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Establish and strengthen independent and impartial national electoral bodies responsible for the management of elections.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any putsch or coup d’Etat against a democratically elected government.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in accordance with the Union’s Declaration on the Principles Governing Democratic Elections in Africa. To this end, State Parties shall: Establish and strengthen national mechanisms that redress election- related disputes in a timely manner.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall eliminate all forms of discrimination, especially those based on political opinion, gender, ethnic, religious and racial grounds as well as any other form of intolerance.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall take measures to ensure and maintain political and social dialogue, as well as public trust and transparency between political leaders and the people, in order to consolidate democracy and peace.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- The perpetrators of unconstitutional change of government shall not be allowed to participate in elections held to restore the democratic order or hold any position of responsibility in political institutions of their State.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any amendment or revision of the constitution or legal instruments, which is an infringement on the principles of democratic change of government.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall implement policies and strategies to protect the environment to achieve sustainable development for the benefit of the present and future generations. In this regard, State Parties are encouraged to accede to the relevant treaties and other international legal instruments.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall promote peace, security and stability in their respective countries, regions and in the continent by fostering participatory political systems with well-functioning and, if need be, inclusive institutions;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall promote a culture of respect, compromise, consensus and tolerance as a means to mitigate conflicts, promote political stability and security, and to harness the creative energies of the African peoples.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall take legislative and regulatory measures to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: Equitable allocation of the nation’s wealth and natural resources;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Economic Rights
- Environment
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Seeking to entrench in the Continent a political culture of change of power based on the holding of regular, free, fair and transparent elections conducted by competent, independent and impartial national electoral bodies;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Fostering popular participation and partnership with civil society organizations;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall ensure systematic and comprehensive civic education in order to encourage full participation of social groups with special needs in democracy and development processes.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 5
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Improving efficiency and effectiveness of public services and combating corruption;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall ensure that citizens enjoy fundamental freedoms and human rights taking into account their universality, interdependence and indivisibility.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 13
- Paragraph text
- State Parties shall institutionalize good economic and corporate governance through, inter alia: An efficient and effective tax system premised upon transparency and accountability.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties shall cooperate with each other to ensure that those who attempt to remove an elected government through unconstitutional means are dealt with in accordance with the law.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 7
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Development and utilisation of information and communication technologies;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Undertaking regular reforms of the legal and justice systems;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 4
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any refusal by an incumbent government to relinquish power to the winning party or candidate after free, fair and regular elections; or
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 8
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Promoting freedom of expression, in particular freedom of the press and fostering a professional media;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Given the enduring and vital role of traditional authorities, particularly in rural communities, the State Parties shall strive to find appropriate ways and means to increase their integration and effectiveness within the larger democratic system.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Promoting the development of the private sector through, inter alia, enabling legislative and regulatory framework;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- State Parties shall adopt and implement policies, strategies and programmes required to generate productive employment, mitigate the impact of diseases and alleviate poverty and eradicate extreme poverty and illiteracy.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 6
- Paragraph text
- The Assembly shall impose sanctions on any Member State that is proved to have instigated or supported unconstitutional change of government in another state in conformity with Article 23 of the Constitutive Act.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall promote solidarity amongst Member States and support the conflict prevention and resolution initiatives that the Union may undertake in conformity with the Protocol establishing the Peace and Security Council.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- In conformity with applicable provisions of the Constitutive Act and the Protocol Relating to the Establishment of the Peace and Security Council of the African Union, the Assembly and the Peace and Security Council shall determine the appropriate measures to be imposed on any State Party that violates this Charter.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- The objectives of this Charter are to: Promote the holding of regular free and fair elections to institutionalize legitimate authority of representative government as well as democratic change of governments;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall strengthen and institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of democracy and constitutional order.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- Each State Party shall guarantee conditions of security, free access to information, non-interference, freedom of movement and full cooperation with the electoral observer mission.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 9
- Paragraph text
- In order to advance political, economic and social governance, State Parties shall commit themselves to: Harnessing the democratic values of the traditional institutions; and
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2007
Paragraphe
Child, early and forced marriage 2013, para. 3
- Document
- Paragraph text
- Guided by the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, as well as other relevant human rights instruments, including the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women,
- Organe
- Assemblée générale des Nations Unies
- Type de document
- Résolution
- Thèmes
- Gouvernance & l'état de droit
- Personnes concernées
- Tout(es)
- Année
- 2013
Paragraphe
Ending female genital mutilation 2007, para. 14
- Paragraph text
- Urges States to allocate sufficient resources to the implementation of legislation and action plans aimed at abandoning female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Ending female genital mutilation 2007, para. 4
- Paragraph text
- Urges States to condemn all harmful traditional practices, in particular female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Ending female genital mutilation 2007, para. 17
- Paragraph text
- Encourages all decision makers, at all levels, with responsibilities for policies, legislation, programmes and allocation of public resources to play leadership roles in eliminating female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Ending female genital mutilation 2010, para. 11
- Paragraph text
- Welcoming the report of the Secretary-General on ending female genital mutilation and the recommendations contained therein,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Harmful Practices
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 3c
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Review and update educational materials, including textbooks, and take appropriate action to remove all elements promoting discrimination, in particular gender-based discrimination, racism, racial discrimination, xenophobia and related intolerance;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2001
Paragraphe
Ending female genital mutilation 2008, para. 11
- Paragraph text
- Welcoming the report of the Secretary-General on ending female genital mutilation and the recommendations contained therein,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Harmful Practices
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Ending female genital mutilation 2010, para. 4
- Paragraph text
- Urges States to condemn all harmful traditional practices, in particular all types of female genital mutilation, whether committed within or outside a medical institution;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Ending female genital mutilation 2010, para. 19
- Paragraph text
- Also calls upon States to support, as part of a comprehensive approach towards the elimination of female genital mutilation, programmes related to an alternative livelihood for traditional practitioners of female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Harmful Practices
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Women’s economic empowerment in the changing world of work 2017, para. 40 (f)
- Paragraph text
- Enact or strengthen and enforce laws and regulations that uphold the principle of equal pay for equal work or work of equal value in the public and private sectors as a critical measure to eliminate the gender pay gap, provide in this regard effective means of redress and access to justice in cases of non-compliance, and promote the implementation of equal pay policies through, for example, social dialogue, collective bargaining, job evaluations, awareness-raising campaigns, pay transparency and gender pay audits, as well as certification and review of pay practices and increased availability of data and analysis on the gender pay gap;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Economic Rights
- Gender
- Personnes concernées
- All
- N.A.
- Année
- 2017
Paragraphe
Integrating a gender perspective in post-disaster relief, recovery, rehabilitation and reconstruction efforts, including in the aftermath of the Indian Ocean tsunami disaster 2005, para. 10
- Paragraph text
- Welcoming the response, support and assistance by the affected countries and the international community in the relief, recovery, rehabilitation and reconstruction efforts, which reflect the spirit of national as well as international solidarity and cooperation in addressing the recent tsunami disaster and other disasters,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Humanitarian
- Personnes concernées
- All
- Persons on the move
- Année
- 2005
Paragraphe
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 2a
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Establish and/or strengthen, where appropriate, legislation and regulations against all forms of racism, racial discrimination, xenophobia and related intolerance, including their gender-based manifestations;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2001
Paragraphe
Ending female genital mutilation 2008, para. 4
- Paragraph text
- Urges States to condemn all harmful traditional practices, in particular female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Ending female genital mutilation 2008, para. 18
- Paragraph text
- Encourages all decision makers, at all levels, with responsibilities for policies, legislation, programmes and allocation of public resources to play leadership roles in eliminating female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Personnes concernées
- All
- Année
- 2008
Paragraphe
Ending female genital mutilation 2010, para. 15
- Paragraph text
- Concerned about evidence of increased carrying out of female genital mutilation by medical personnel in all regions in which it is practised,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Harmful Practices
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Ending female genital mutilation 2010, para. 22
- Paragraph text
- Encourages all decision makers, at all levels, with responsibilities for policy, legislation, programmes and allocation of public resources to play leadership roles in eliminating female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Ending female genital mutilation 2010, para. 17
- Paragraph text
- Recognizing that strong leadership is required to make progress in eliminating female genital mutilation and that a multidisciplinary, comprehensive, coordinated and coherent approach at all levels towards achieving abandonment of female genital mutilation worldwide is required, and welcoming the fact that such an approach is at the core of the United Nations Population Fund-United Nations Children's Fund joint programme to accelerate the abandonment of female genital mutilation,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Harmful Practices
- Personnes concernées
- All
- Children
- Année
- 2010
Paragraphe
Preventing and eliminating sexual harassment in the workplace 2017, para. 1
- Paragraph text
- Reaffirming the obligation of all Member States to promote and protect all human rights and fundamental freedoms, and reaffirming also that discrimination on the basis of sex is contrary to the Charter of the United Nations, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights,2 the Convention on the Elimination of All Forms of Discrimination against Women, and the Convention on the Rights of the Child and the Optional Protocols thereto,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 2b
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Condemn all forms of racism and racial discrimination, including propaganda, activities and organizations based on doctrines of superiority of one race or group of persons that attempts to justify or promote racism or racial discrimination in any form;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2001
Paragraphe
Equal pay for equal work and work of equal value 1994, para. 3
- Paragraph text
- Recalling the Equal Remuneration Convention of 1951 (No. 100) and Recommendation (No. 90) of the International Labour Organization,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1994
Paragraphe
Equal pay for equal work and work of equal value 1994, para. 2a
- Paragraph text
- [Calls upon Governments:] (a) To take appropriate legislative action;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1994
Paragraphe
Ending female genital mutilation 2008, para. 15
- Paragraph text
- Urges States to allocate sufficient resources to the implementation of legislation and action plans aimed at abandoning female genital mutilation;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Equal pay for equal work and work of equal value 1994, para. 4
- Paragraph text
- Requests the Secretary-General, in consultation with the International Labour Organization and other appropriate international and regional bodies, to submit to the Commission, at its thirty-ninth session, a report on the situation at the national level in respect of the implementation of the principle of equal pay for work of equal value, particular attention to be paid, to the extent possible, to the adequacy of mechanisms and procedures for facilitating such implementation.
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1994
Paragraphe
Mainstreaming a gender perspective into all national policies and programmes 2005, para. 3
- Paragraph text
- Also stresses that political will and commitment at all levels are crucial to ensure the mainstreaming of a gender perspective in the adoption and implementation of comprehensive and action-oriented policies in all areas;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2005
Paragraphe
Ending female genital mutilation 2010, para. 21
- Paragraph text
- Stresses that some progress has been made in combating female genital mutilation in a number of countries and that a common coordinated approach that promotes positive social change at the community, national, regional and international levels could lead to female genital mutilation being abandoned within a generation, with some of the main achievements being obtained by 2015, in line with the Millennium Development Goals;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Harmful Practices
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 4
- Paragraph text
- The efforts of the international community in combating racism, racial discrimination, xenophobia and related intolerance are recalled.
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2001
Paragraphe
Preventing and eliminating sexual harassment in the workplace 2017, para. 2f
- Paragraph text
- [Encourages Member States to:] Promote research and collect and analyse data and statistics, disaggregated by sex, age and other relevant characteristics, in order to develop, review and implement policies and programmes at all levels that contribute to preventing and eliminating sexual harassment in the workplace;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Human rights and land rights discrimination 1998, para. 2
- Paragraph text
- Noting that the Universal Declaration of Human Rights prohibits discrimination and proclaims that all human beings are born free and equal in dignity and rights, and that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, including distinction based on sex,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
Paragraphe
Gender and all forms of discrimination, in particular racism, racial discrimination, xenophobia and related intolerance 2001, para. 3g
- Paragraph text
- [Actions to be taken by Governments, the United Nations and civil society, as appropriate]: Bearing in mind gender perspective, encourage the mass media to promote ideas of tolerance and understanding among peoples and different cultures.
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2001
Paragraphe
Preventing and eliminating sexual harassment in the workplace 2017, para. 15
- Paragraph text
- Stressing also that employers have the primary responsibility to take measures to prevent sexual harassment in the workplace and to facilitate effective action after sexual harassment has occurred by holding perpetrators to account and providing access to remedies and protection for the victims, bearing in mind that victims of sexual harassment may be subject to further discrimination or reprisals,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Ending female genital mutilation 2010, para. 8
- Paragraph text
- Calls upon States to ensure that national action plans and strategies on elimination of female genital mutilation are comprehensive and multidisciplinary in scope, and incorporate clear targets and indicators for effective national monitoring, impact assessment and coordination;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Preventing and eliminating sexual harassment in the workplace 2017, para. 2b
- Paragraph text
- [Encourages Member States to:] Take all measures necessary to raise awareness regarding the rights of victims of sexual harassment in the workplace and the means of accessing redress and justice, and to facilitate reporting by victims and witnesses;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Equal pay for equal work and work of equal value 1994, para. 1a
- Paragraph text
- [Urges Governments and international, regional and national institutions, as appropriate:] (a) To promote and pursue in greater depth research on the concept of work of equal value as a potential means for eliminating gender-based inequalities in remuneration, taking into account the particular circumstances and needs of developed and developing countries, as well as those of the economies in transition;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1994
Paragraphe
Ending female genital mutilation 2008, para. 16
- Paragraph text
- Calls upon States to develop, support and implement comprehensive and integrated strategies for the prevention of female genital mutilation, including the training of social workers, medical personnel and other relevant professionals, as well as programmes of alternative professional training for the practitioners;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Harmful Practices
- Health
- Personnes concernées
- All
- Année
- 2008
Paragraphe
Ending female genital mutilation 2007, para. 15
- Paragraph text
- Calls upon States to develop, support and implement comprehensive and integrated strategies for the prevention of female genital mutilation, including the training of social workers, medical personnel and other relevant professionals, as well as programmes of alternative professional training for the practitioners;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Harmful Practices
- Health
- Personnes concernées
- All
- Année
- 2007
Paragraphe
Environmental management and the mitigation of natural disasters 2002, para. 2
- Paragraph text
- Deeply convinced that economic development, social development and environmental protection are interdependent and mutually reinforcing components of sustainable development, which is the framework for our efforts to achieve a higher quality of life for all people.
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Environment
- Personnes concernées
- All
- Année
- 2002
Paragraphe
Women’s economic empowerment in the changing world of work 2017, para. 40 (j)
- Paragraph text
- Refrain from promulgating and applying any unilateral economic, financial or trade measures not in accordance with international law and the Charter of the United Nations that impede the full achievement of economic and social development, particularly in developing countries;
- Organe
- Commission de la condition de la femme
- Type de document
- CSW Agreed Conclusions / Declaration
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
Equal pay for equal work and work of equal value 1994, para. 2c
- Paragraph text
- [Calls upon Governments:] (c) To give full effect to those international instruments to which they have acceded on the subject of equal pay for equal work and work of equal value, whether through legislation, collective bargaining, judicial or arbitral decision or by any other means;
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1994
Paragraphe
Fertility, reproductive health and development 2011, para. 36
- Paragraph text
- Encourages Governments to ensure that adequate financial and technical resources and information necessary for the effective participation of non governmental organizations in the research, design, implementation, monitoring and evaluation of population and development activities should, if feasible and if requested, be made available to the non-governmental sector by Governments, intergovernmental organizations and international financial institutions in a manner that will not compromise their full autonomy;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2011
Paragraphe
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 5
- Paragraph text
- Also calls upon Governments, in cooperation with the international community, to reaffirm their commitment to promote an enabling environment to achieve sustained economic growth in the context of sustainable development and to eradicate poverty, with a special emphasis on gender, reducing the debt burden and ensuring that structural adjustment programmes are responsive to social, economic and environmental concerns in order to achieve the Programme of Action of the International Conference on Population and Development, the Beijing Platform for Action and the Millennium Development Goals;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Environment
- Gender
- Governance & Rule of Law
- Poverty
- Personnes concernées
- All
- N.A.
- Année
- 2009
Paragraphe
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 12
- Paragraph text
- Urges Governments to strengthen international cooperation in order to assist in the development of human resources for health through technical assistance and training, as well as to increase universal access to health services, including in remote and rural areas, taking into account the challenges faced by developing countries in the retention of skilled health personnel;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2009
Paragraphe
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 30
- Paragraph text
- Decides that, with the agreement and consent of the host country, the United Nations development system should assist national Governments in creating an enabling environment in which the links and cooperation between national Governments, the United Nations development system, civil society, national non governmental organizations and private sector entities that are involved in the development process are strengthened, including, as appropriate, during the preparation process of the United Nations Development Assistance Framework, with a view to seeking new and innovative solutions to development problems in accordance with national policies;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2009
Paragraphe
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 17
- Paragraph text
- Urges Governments to scale up significantly efforts towards achieving the goal of universal access to comprehensive HIV/AIDS prevention programmes, treatment, care and support by 2010, and the goal to halt and reverse the spread of HIV/AIDS by 2015;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2009
Paragraphe
Health, morbidity, mortality and development 2010, para. 5
- Paragraph text
- Reaffirms the values and principles of primary health care, including equity, solidarity, social justice, universal access to services, multisectoral action, transparency, accountability and community participation and empowerment, as the basis for strengthening health systems, recalls in this regard the Declaration of Alma-Ata, and recognizes the importance of providing comprehensive primary health-care services, including health promotion and universal access to disease prevention, curative care, palliative care and rehabilitation that are integrated and coordinated according to needs, while ensuring effective referral systems;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Fertility, reproductive health and development 2011, para. 25
- Paragraph text
- Urges Governments to strengthen basic infrastructure, human and technical resources and the provision of health facilities in order to improve health systems and ensure the accessibility, affordability and quality, especially in rural and remote areas, of health-care services, as well as sustainable access to safe drinking water and basic sanitation, bearing in mind the commitment to halving, by 2015, the proportion of the population without sustainable access to safe drinking water and basic sanitation as a means of fighting waterborne diseases;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Health, morbidity, mortality and development 2010, para. 25
- Paragraph text
- Further underlines the need of people living in situations of armed conflict and foreign occupation for a functioning public-health system, including access to health care and services;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2010
Paragraphe
The contribution of the Programme of Action of the International Conference on Population and Development to the internationally agreed development goals, including the Millennium Development Goals 2009, para. 8
- Paragraph text
- Also urges States to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage and to raise the minimum age for marriage where necessary;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 15
- Paragraph text
- Acknowledging the importance of sustainable integrated urban development in order to respond effectively to the growth of urban populations, while also recognizing that a significant portion of the world's poor live in rural areas and that rural communities play an important role in the economic development of many countries,
- Organe
- Commission on Population and Development
- Type de document
- Declaration / Confererence outcome document
- Thèmes
- Equality & Inclusion
- Poverty
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 16
- Paragraph text
- Recognizing that health is a precondition for economic and social development, and aware that sexual and reproductive health and reproductive rights are central to the realization of social justice and to the achievement of global, regional and national commitments for sustainable development,
- Organe
- Commission on Population and Development
- Type de document
- Declaration / Confererence outcome document
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Health, morbidity, mortality and development 2010, para. 18
- Paragraph text
- Stresses the need to sustain and strengthen progress made in combating tuberculosis and malaria and developing innovative strategies for tuberculosis and malaria prevention, detection and treatment, including strategies to treat co infection of tuberculosis with HIV, multidrug resistant tuberculosis and extensively drug-resistant tuberculosis, including through ensuring the availability of affordable, good-quality and effective medicines and equipment;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 25
- Paragraph text
- Noting the increase in the prevalence of non-communicable diseases including, inter alia, cardiovascular diseases, chronic respiratory diseases, cancer and diabetes, in all countries and the developmental challenges posed by it, and recognizing the importance of reducing the prevalence of major risk factors for non communicable diseases including, inter alia, tobacco use, harmful use of alcohol where its consumption is not against the law, abuse of narcotic drugs and psychotropic substances including amphetamine-type stimulants, unhealthy diets, obesity and lack of physical activity, as identified in the 2008-2013 Action Plan for the Global Strategy for the Prevention and Control of Non-Communicable Diseases of the World Health Organization,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 21
- Paragraph text
- Urges Governments to develop and put into effect comprehensive and integrated illicit drug demand reduction policies, programmes and legal frameworks, including prevention and care in the health-care and social services, from primary prevention to early intervention to treatment and to rehabilitation and social reintegration, and in related support services, aimed at promoting health and social well-being, aiming to effectively reduce the direct and indirect adverse consequences of illicit drug abuse for individuals and all societies as a whole, in compliance with the three international drug control conventions and in accordance with national legislation;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 6
- Paragraph text
- Recognizes traditional medicine as one of the resources of primary health-care services which could contribute to improved health-care services leading to improved health outcomes, including those targeted in the Millennium Development Goals, and urges States, in accordance with national capacities, priorities, relevant legislation and circumstances, to respect and preserve the knowledge of traditional medicine, treatments and practices, appropriately based on the circumstances in each country, and on evidence of safety, efficacy and quality;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Fertility, reproductive health and development 2011, para. 33
- Paragraph text
- Further underlines the need of people living in situations of armed conflict and foreign occupation for a functioning public-health system, including access to health care and services;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2011
Paragraphe
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 2
- Paragraph text
- Also reaffirms the sovereign right of each country to implement the recommendations of the Programme of Action or other proposals in the present resolution, consistent with national laws and development priorities, with full respect for the various religious and ethical values and cultural backgrounds of its people, and in conformity with universally recognized international human rights;
- Organe
- Commission on Population and Development
- Type de document
- Declaration / Confererence outcome document
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Fertility, reproductive health and development 2011, para. 14
- Paragraph text
- Recognizing that the ultimate goal is the improvement of the quality of life of present and future generations, that the objective is to facilitate the demographic transition, as soon as possible, in countries where there is an imbalance between demographic rates and social, economic and environmental goals, while fully respecting human rights, and that this process will contribute to the stabilization of the world population and, together with changes in unsustainable patterns of production and consumption, to sustainable development and economic growth,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Environment
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Assessment of the status of implementation of the Programme of Action of the International Conference on Population and Development 2014, para. 6
- Paragraph text
- Recognizing also that the right to development is a universal and inalienable right and an integral part of fundamental human rights, that the human person is the central subject of development, that while development facilitates the enjoyment of all human rights, the lack of development may not be invoked to justify the abridgement of internationally recognized human rights and that the right to development must be fulfilled so as to equitably meet the population, development and environment needs of present and future generations,
- Organe
- Commission on Population and Development
- Type de document
- Declaration / Confererence outcome document
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Health, morbidity, mortality and development 2010, para. 11
- Paragraph text
- Recalling that health is a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 20
- Paragraph text
- Also urges Governments to give increased attention to the prevention and control of non-communicable diseases, further taking into account the social and environmental determinants of non-communicable diseases by, inter alia, taking action to implement the World Health Organization Global Strategy for the Prevention and Control of Non-Communicable Diseases and its related Action Plan;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Environment
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 7
- Paragraph text
- Welcoming also the Political Declaration and Plan of Action on International Cooperation towards an Integrated and Balanced Strategy to Counter the World Drug Problem, adopted at the high-level segment of the fifty-second session of the Commission on Narcotic Drugs, held in Vienna from 11 to 20 March 2009,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 22
- Paragraph text
- Recognizing further that the emergence of non-communicable diseases is imposing a heavy burden on society, one with serious social and economic consequences, and that there is a need to respond to cardiovascular diseases, cancers, diabetes and chronic respiratory diseases, which represent a leading threat to human health and development,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 9
- Paragraph text
- Emphasizes the need to increase the accessibility, availability, acceptability and affordability of health-care services and facilities to all people in accordance with national commitments to provide access to basic health care for all, as well as the need to increase the healthy lifespan and improve the quality of life of all people, and to reduce disparities in life expectancy between and within countries;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Fertility, reproductive health and development 2011, para. 8
- Paragraph text
- Recognizing the basic right of all couples and individuals to decide freely and responsibly the number, spacing and timing of their children and to have the information and means to do so, their right to attain the highest standard of sexual and reproductive health, and their right to make decisions concerning reproduction free of discrimination, coercion and violence, as expressed in human rights documents,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Children
- Année
- 2011
Paragraphe
Fertility, reproductive health and development 2011, para. 22
- Paragraph text
- Urges Member States to enact and strictly enforce laws to ensure that marriage is entered into only with the free and full consent of the intending spouses and, in addition, to enact and strictly enforce laws concerning the minimum legal age of consent and the minimum age for marriage, and to raise the minimum age for marriage where necessary;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2011
Paragraphe
Health, morbidity, mortality and development 2010, para. 35
- Paragraph text
- Reaffirms the need to develop, make use of, improve and strengthen national health information systems and research capacity with, as appropriate, the support of international cooperation, in order to measure the health of national populations on the basis of disaggregated data, including by age and sex, so that, inter alia, health inequities can be detected and the impact of policies on health equity measured;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Health
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 20
- Paragraph text
- Recognizing that communicable diseases, which have been prioritized by the Millennium Development Goals, such as HIV/AIDS, malaria and tuberculosis, as well as other communicable diseases and neglected tropical diseases, pose severe risks for the entire world and serious challenges to the achievement of development goals,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2010
Paragraphe
Health, morbidity, mortality and development 2010, para. 24
- Paragraph text
- Reaffirming that good public health is better achieved through a combination of good public health policies, including multisectoral policies that stress better nutrition, safe drinking water, hygiene, sanitation and sustainable urbanization and that effectively combat major risk factors,
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Health
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Implementation of article 14 by States parties 2012, para. 12
- Paragraph text
- The Committee emphasizes that the obligation of States parties to provide the means for "as full rehabilitation as possible" refers to the need to restore and repair the harm suffered by a victim whose life situation, including dignity, health and self-sufficiency may never be fully recovered as a result of the pervasive effect of torture. The obligation does not relate to the available resources of States parties and may not be postponed.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 2 by States parties 2008, para. 10
- Paragraph text
- The Committee recognizes that most States parties identify or define certain conduct as ill-treatment in their criminal codes. In comparison to torture, ill-treatment may differ in the severity of pain and suffering and does not require proof of impermissible purposes. The Committee emphasizes that it would be a violation of the Convention to prosecute conduct solely as ill-treatment where the elements of torture are also present.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Implementation of article 14 by States parties 2012, para. 26
- Paragraph text
- Notwithstanding the evidentiary benefits to victims afforded by a criminal investigation, a civil proceeding and the victim's claim for reparation should not be dependent on the conclusion of a criminal proceeding. The Committee considers that compensation should not be unduly delayed until criminal liability has been established. Civil liability should be available independently of criminal proceedings and the necessary legislation and institutions for such purpose should be in place. If criminal proceedings are required by domestic legislation to take place before civil compensation can be sought, then the absence of or undue delay in those criminal proceedings constitutes a failure on the part of the State party to fulfil its obligations under the Convention. Disciplinary action alone shall not be regarded as an effective remedy within the meaning of article 14.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 34
- Paragraph text
- To avoid re-victimization and stigmatization of victims of torture or ill-treatment, the protections outlined in the preceding paragraph equally apply to any person marginalized or made vulnerable on the basis of identities and groups such as those examples listed under the principle of non-discrimination in paragraph 32. In judicial and non-judicial proceedings sensitivity must be exercised toward any such person. Accordingly, the Committee notes that judicial personnel must receive specific training on the various impacts of torture and ill-treatment, including those on victims from marginalized and vulnerable groups, and on how to exercise sensitivity towards victims of torture and ill-treatment, including in the form of sexual or gender-based discrimination, in order to prevent re-victimization and stigmatization.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 46a
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The number of victims of torture or ill-treatment who have sought compensation through legal, administrative and other means and the nature of the violations alleged; the number of victims who have been awarded compensation; and in what amounts;
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 46l
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The legal aid and witness protection available to victims of torture or ill-treatment as well as witnesses and others who have intervened on behalf of victims, including how such protection is made known and how it is made available in practice; the number of victims who have been granted legal aid; the number of persons who have been protected by State witness protection; and the State party's evaluation of the effectiveness of such protection.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 46h
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The complaints mechanisms available for victims of torture or ill-treatment, including how such mechanisms are made known and accessible to all victims. States parties should also include data disaggregated by age, gender, nationality, location and alleged violation, on the number of complaints received through such mechanisms.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
Implementation of article 2 by States parties 2008, para. 7
- Paragraph text
- The Committee also understands that the concept of "any territory under its jurisdiction," linked as it is with the principle of non-derogability, includes any territory or facilities and must be applied to protect any person, citizen or non-citizen without discrimination subject to the de jure or de facto control of a State party. The Committee emphasizes that the State's obligation to prevent torture also applies to all persons who act, de jure or de facto, in the name of, in conjunction with, or at the behest of the State party. It is a matter of urgency that each State party should closely monitor its officials and those acting on its behalf and should identify and report to the Committee any incidents of torture or ill-treatment as a consequence of anti-terrorism measures, among others, and the measures taken to investigate, punish, and prevent further torture or ill-treatment in the future, with particular attention to the legal responsibility of both the direct perpetrators and officials in the chain of command, whether by acts of instigation, consent or acquiescence.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Implementation of article 2 by States parties 2008, para. 20
- Paragraph text
- The principle of non-discrimination is a basic and general principle in the protection of human rights and fundamental to the interpretation and application of the Convention. Non-discrimination is included within the definition of torture itself in article 1, paragraph 1, of the Convention, which explicitly prohibits specified acts when carried out for "any reason based on discrimination of any kind…". The Committee emphasizes that the discriminatory use of mental or physical violence or abuse is an important factor in determining whether an act constitutes torture.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Implementation of article 2 by States parties 2008, para. 5
- Paragraph text
- Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2008
Paragraphe
Implementation of article 14 by States parties 2012, para. 4
- Paragraph text
- The Committee emphasizes the importance of victim participation in the redress process, and that the restoration of the dignity of the victim is the ultimate objective in the provision of redress.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 7
- Paragraph text
- Where State authorities or others acting in their official capacity have committed, know or have reasonable grounds to believe that acts of torture or ill-treatment have been committed by non-State officials or private actors and failed to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors in accordance with the Convention, the State bears responsibility for providing redress for the victims (general comment No. 2).
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 30
- Paragraph text
- Judicial remedies must always be available to victims, irrespective of what other remedies may be available, and should enable victim participation. States parties should provide adequate legal aid to those victims of torture or ill-treatment lacking the necessary resources to bring complaints and to make claims for redress. States parties shall also make readily available to the victims all evidence concerning acts of torture or ill-treatment upon the request of victims, their legal counsel, or a judge. A State party's failure to provide evidence and information, such as records of medical evaluations or treatment, can unduly impair victims' ability to lodge complaints and to seek redress, compensation and rehabilitation.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 46k
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The available avenues for a victim of torture or ill-treatment to obtain redress, including all criminal, civil, administrative and non-judicial procedures, such as administrative reparation programmes, as well as information on the number of victims who have accessed such mechanisms, how many obtained redress and reparative measures, and in what forms and/or amounts.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 2 by States parties 2008, para. 19
- Paragraph text
- Additionally, if a person is to be transferred or sent to the custody or control of an individual or institution known to have engaged in torture or ill-treatment, or has not implemented adequate safeguards, the State is responsible, and its officials subject to punishment for ordering, permitting or participating in this transfer contrary to the State's obligation to take effective measures to prevent torture in accordance with article 2, paragraph 1. The Committee has expressed its concern when States parties send persons to such places without due process of law as required by articles 2 and 3.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2008
Paragraphe
Implementation of article 14 by States parties 2012, para. 6
- Paragraph text
- As stated in paragraph 2 above, redress includes the following five forms of reparation: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition. The Committee recognizes the elements of full redress under international law and practice as outlined in the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law (Basic Principles and Guidelines). Reparation must be adequate, effective and comprehensive. States parties are reminded that in the determination of redress and reparative measures provided or awarded to a victim of torture or ill-treatment, the specificities and circumstances of each case must be taken into consideration and redress should be tailored to the particular needs of the victim and be proportionate to the gravity of the violations committed against them. The Committee emphasizes that the provision of reparation has an inherent preventive and deterrent effect in relation to future violations.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 14
- Paragraph text
- The requirement in the Convention to provide these forms of rehabilitative services does not extinguish the need to provide medical and psychosocial services for victims in the direct aftermath of torture, nor does such initial care represent the fulfilment of the obligation to provide the means for as full rehabilitation as possible.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 42
- Paragraph text
- Similarly, granting immunity, in violation of international law, to any State or its agents or to non-State actors for torture or ill-treatment, is in direct conflict with the obligation of providing redress to victims. When impunity is allowed by law or exists de facto, it bars victims from seeking full redress as it allows the violators to go unpunished and denies victims full assurance of their rights under article 14. The Committee affirms that under no circumstances may arguments of national security be used to deny redress for victims.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 2 by States parties 2008, para. 4
- Paragraph text
- States parties are obligated to eliminate any legal or other obstacles that impede the eradication of torture and ill-treatment; and to take positive effective measures to ensure that such conduct and any recurrences thereof are effectively prevented. States parties also have the obligation continually to keep under review and improve their national laws and performance under the Convention in accordance with the Committee's concluding observations and views adopted on individual communications. If the measures adopted by the State party fail to accomplish the purpose of eradicating acts of torture, the Convention requires that they be revised and/or that new, more effective measures be adopted. Likewise, the Committee's understanding of and recommendations in respect of effective measures are in a process of continual evolution, as, unfortunately, are the methods of torture and ill-treatment.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
Implementation of article 14 by States parties 2012, para. 1
- Paragraph text
- This general comment explains and clarifies to States parties the content and scope of the obligations under article 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Each State party is required to "ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible." The Committee considers that article 14 is applicable to all victims of torture and acts of cruel, inhuman or degrading treatment or punishment (hereafter "ill-treatment") without discrimination of any kind, in line with the Committee's general comment No. 2.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 27
- Paragraph text
- Under article 14, a State party shall ensure that victims of any act of torture or ill-treatment under its jurisdiction obtain redress. States parties have an obligation to take all necessary and effective measures to ensure that all victims of such acts obtain redress. This obligation includes an obligation for State parties to promptly initiate a process to ensure that victims obtain redress, even in the absence of a complaint, when there are reasonable grounds to believe that torture or ill-treatment has taken place.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 22
- Paragraph text
- Under the Convention, States parties are required to prosecute or extradite alleged perpetrators of torture when they are found in any territory under its jurisdiction, and to adopt the necessary legislation to make this possible. The Committee considers that the application of article 14 is not limited to victims who were harmed in the territory of the State party or by or against nationals of the State party. The Committee has commended the efforts of States parties for providing civil remedies for victims who were subjected to torture or ill-treatment outside their territory. This is particularly important when a victim is unable to exercise the rights guaranteed under article 14 in the territory where the violation took place. Indeed, article 14 requires States parties to ensure that all victims of torture and ill-treatment are able to access remedy and obtain redress.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 11
- Paragraph text
- The Committee affirms that the provision of means for as full rehabilitation as possible for anyone who has suffered harm as a result of a violation of the Convention should be holistic and include medical and psychological care as well as legal and social services. Rehabilitation, for the purposes of this general comment, refers to the restoration of function or the acquisition of new skills required as a result of the changed circumstances of a victim in the aftermath of torture or ill-treatment. It seeks to enable the maximum possible self-sufficiency and function for the individual concerned, and may involve adjustments to the person's physical and social environment. Rehabilitation for victims should aim to restore, as far as possible, their independence, physical, mental, social and vocational ability; and full inclusion and participation in society.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 20
- Paragraph text
- To give effect to article 14, States parties shall enact legislation specifically providing a victim of torture and ill-treatment with an effective remedy and the right to obtain adequate and appropriate redress, including compensation and as full rehabilitation as possible. Such legislation must allow for individuals to exercise this right and ensure their access to a judicial remedy. While collective reparation and administrative reparation programmes may be acceptable as a form of redress, such programmes may not render ineffective the individual right to a remedy and to obtain redress.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 3
- Paragraph text
- Victims are persons who have individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that constitute violations of the Convention. A person should be considered a victim regardless of whether the perpetrator of the violation is identified, apprehended, prosecuted or convicted, and regardless of any familial or other relationship between the perpetrator and the victim. The term "victim" also includes affected immediate family or dependants of the victim as well as persons who have suffered harm in intervening to assist victims or to prevent victimization. The term "survivors" may, in some cases, be preferred by persons who have suffered harm. The Committee uses the legal term "victims" without prejudice to other terms which may be preferable in specific contexts.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- All
- Families
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 24
- Paragraph text
- At the procedural level, States parties shall ensure the existence of institutions competent to render enforceable final decisions through a procedure established by law to enable victims of torture or ill-treatment to secure redress, including adequate compensation and rehabilitation.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 25
- Paragraph text
- Securing the victim's right to redress requires that a State party's competent authorities promptly, effectively and impartially investigate and examine the case of any individual who alleges that she or he has been subjected to torture or ill-treatment. Such an investigation should include as a standard measure an independent physical and psychological forensic examination as provided for in the Istanbul Protocol. Undue delays in initiating or concluding legal investigations into complaints of torture or ill-treatment compromise victims' rights under article 14 to obtain redress, including fair and adequate compensation and the means for as full rehabilitation as possible.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 40
- Paragraph text
- On account of the continuous nature of the effects of torture, statutes of limitations should not be applicable as these deprive victims of the redress, compensation, and rehabilitation due to them. For many victims, passage of time does not attenuate the harm and in some cases the harm may increase as a result of post-traumatic stress that requires medical, psychological and social support, which is often inaccessible to those who have not received redress. States parties shall ensure that all victims of torture or ill-treatment, regardless of when the violation occurred or whether it was carried out by or with the acquiescence of a former regime, are able to access their rights to remedy and to obtain redress.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 37
- Paragraph text
- A crucial component of the right to redress is the clear acknowledgement by the State party concerned that the reparative measures provided or awarded to a victim are for violations of the Convention, by action or omission. The Committee is therefore of the view that a State party may not implement development measures or provide humanitarian assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a State party to provide the individual victim of torture with redress may not be justified by invoking a State's level of development. The Committee recalls that subsequent governments as well as successor States still have the obligation to guarantee access to the right of redress.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
Implementation of article 2 by States parties 2008, para. 18
- Paragraph text
- The Committee has made clear that where State authorities or others acting in official capacity or under colour of law, know or have reasonable grounds to believe that acts of torture or ill-treatment are being committed by non-State officials or private actors and they fail to exercise due diligence to prevent, investigate, prosecute and punish such non-State officials or private actors consistently with the Convention, the State bears responsibility and its officials should be considered as authors, complicit or otherwise responsible under the Convention for consenting to or acquiescing in such impermissible acts. Since the failure of the State to exercise due diligence to intervene to stop, sanction and provide remedies to victims of torture facilitates and enables non-State actors to commit acts impermissible under the Convention with impunity, the State's indifference or inaction provides a form of encouragement and/or de facto permission. The Committee has applied this principle to States parties' failure to prevent and protect victims from gender-based violence, such as rape, domestic violence, female genital mutilation, and trafficking.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Gender
- Governance & Rule of Law
- Harmful Practices
- Violence
- Personnes concernées
- All
- Année
- 2008
Paragraphe
Implementation of article 14 by States parties 2012, para. 19
- Paragraph text
- Under article 2 of the Convention, States parties shall enact "effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction." As clarified by the Committee in its general comment No. 2, "States parties must make the offence of torture punishable as an offence under its criminal law, in accordance, at a minimum, with the elements of torture as defined in article 1 of the Convention, and the requirements of article 4." The failure of States parties to enact legislation that clearly incorporates their obligations under the Convention and criminalizes torture and ill-treatment, and the resulting absences of torture and ill-treatment as criminal offences, obstructs the victim's capacity to access and enjoy his or her rights guaranteed under article 14.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 17
- Paragraph text
- A State's failure to investigate, criminally prosecute, or to allow civil proceedings related to allegations of acts of torture in a prompt manner, may constitute a de facto denial of redress and thus constitute a violation of the State's obligations under article 14.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 38
- Paragraph text
- States parties to the Convention have an obligation to ensure that the right to redress is effective. Specific obstacles that impede the enjoyment of the right to redress and prevent effective implementation of article 14 include, but are not limited to: inadequate national legislation, discrimination with regard to accessing complaints and investigation mechanisms and procedures for remedy and redress; inadequate measures for securing the custody of alleged perpetrators, State secrecy laws, evidential burdens and procedural requirements that interfere with the determination of the right to redress; statutes of limitations, amnesties and immunities; the failure to provide sufficient legal aid and protection measures for victims and witnesses; as well as the associated stigma, and the physical, psychological and other related effects of torture and ill-treatment. In addition, the failure of a State party to execute judgements providing reparative measures for a victim of torture, handed down by national, international or regional courts, constitutes a significant impediment to the right to redress. States parties should develop coordinated mechanisms to enable victims to execute judgements across State lines, including recognizing the validity of court orders from other States parties and assisting in locating the assets of perpetrators.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 21
- Paragraph text
- States parties should ensure that their domestic laws provide that a victim who has suffered violence or trauma should benefit from adequate care and protection to avoid his or her re-traumatization in the course of legal and administrative procedures designed to provide justice and reparation.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 23
- Paragraph text
- The Committee has, in its concluding observations, identified other State obligations that shall be met in order to ensure that the article 14 rights of a victim are fully respected. In this regard, the Committee underscores the important relationship between States parties' fulfilment of their obligations under article 12 and 13, and their obligation under article 14. According to article 12, States parties shall undertake prompt, effective and impartial investigations, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction as the result of its actions or omissions and, as set out in article 13 and affirmed by the Committee in its general comment No. 2, ensure that impartial and effective complaints mechanisms are established. Full redress cannot be obtained if the obligations under articles 12 and 13 are not guaranteed. Complaints mechanisms shall be made known and accessible to the public, including to persons deprived of their liberty, whether in detention, psychiatric facilities, or elsewhere, via, for example, telephone hotlines or confidential complaints boxes in detention facilities, and to persons belonging to vulnerable or marginalized groups, including those who may have limited communication abilities.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 13
- Paragraph text
- In order to fulfil its obligations to provide a victim of torture or ill-treatment with the means for as full rehabilitation as possible, each State party should adopt a long-term, integrated approach and ensure that specialist services for victims of torture or ill-treatment are available, appropriate and readily accessible. These should include: a procedure for the assessment and evaluation of individuals' therapeutic and other needs, based on, inter alia, the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (The Istanbul Protocol); and may include a wide range of inter-disciplinary measures, such as medical, physical and psychological rehabilitative services; re-integrative and social services; community and family-oriented assistance and services; vocational training; education etc. A holistic approach to rehabilitation which also takes into consideration the strength and resilience of the victim is of utmost importance. Furthermore, victims may be at risk of re-traumatization and have a valid fear of acts which remind them of the torture or ill-treatment they have endured. Consequently, a high priority should be placed on the need to create a context of confidence and trust in which assistance can be provided. Confidential services should be provided as required.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Families
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 9
- Paragraph text
- The Committee emphasizes that monetary compensation alone may not be sufficient redress for a victim of torture and ill-treatment. The Committee affirms that the provision of monetary compensation only is inadequate for a State party to comply with its obligations under article 14.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
Implementation of article 14 by States parties 2012, para. 46g
- Paragraph text
- [On the implementation of article 14, the Committee has observed the need to provide adequate information on the implementation of article 14 in States parties' reports. Therefore, the Committee wishes to underscore that specific information should be provided on the following:] The measures taken to ensure that all victims of torture or ill-treatment are able to exercise and enjoy their rights under article 14.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
Implementation of article 2 by States parties 2008, para. 26
- Paragraph text
- The non-derogability of the prohibition of torture is underscored by the long-standing principle embodied in article 2, paragraph 3, that an order of a superior or public authority can never be invoked as a justification of torture Thus, subordinates may not seek refuge in superior authority and should be held to account individually. At the same time, those exercising superior authority - including public officials - cannot avoid accountability or escape criminal responsibility for torture or ill-treatment committed by subordinates where they knew or should have known that such impermissible conduct was occurring, or was likely to occur, and they failed to take reasonable and necessary preventive measures. The Committee considers it essential that the responsibility of any superior officials, whether for direct instigation or encouragement of torture or ill-treatment or for consent or acquiescence therein, be fully investigated through competent, independent and impartial prosecutorial and judicial authorities. Persons who resist what they view as unlawful orders or who cooperate in the investigation of torture or ill-treatment, including by superior officials, should be protected against retaliation of any kind.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2008
Paragraphe
The nature of States parties’ obligations 1990, para. 10
- Paragraph text
- On the basis of the extensive experience gained by the Committee, as well as by the body that preceded it, over a period of more than a decade of examining States parties' reports the Committee is of the view that a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights is incumbent upon every State party. Thus, for example, a State party in which any significant number of individuals is deprived of essential foodstuffs, of essential primary health care, of basic shelter and housing, or of the most basic forms of education is, prima facie, failing to discharge its obligations under the Covenant. If the Covenant were to be read in such a way as not to establish such a minimum core obligation, it would be largely deprived of its raison d'être. By the same token, it must be noted that any assessment as to whether a State has discharged its minimum core obligation must also take account of resource constraints applying within the country concerned. Article 2 (1) obligates each State party to take the necessary steps "to the maximum of its available resources". In order for a State party to be able to attribute its failure to meet at least its minimum core obligations to a lack of available resources it must demonstrate that every effort has been made to use all resources that are at its disposition in an effort to satisfy, as a matter of priority, those minimum obligations.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1990
Paragraphe
The right to adequate food (Art. 11) 1999, para. 41
- Paragraph text
- The international financial institutions, notably the International Monetary Fund (IMF) and the World Bank, should pay greater attention to the protection of the right to food in their lending policies and credit agreements and in international measures to deal with the debt crisis. Care should be taken, in line with the Committee's General Comment No. 2, paragraph 9, in any structural adjustment programme to ensure that the right to food is protected.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to adequate housing 1991, para. 8c
- Paragraph text
- [Thus the concept of adequacy is particularly significant in relation to the right to housing since it serves to underline a number of factors which must be taken into account in determining whether particular forms of shelter can be considered to constitute "adequate housing" for the purposes of the Covenant. While adequacy is determined in part by social, economic, cultural, climatic, ecological and other factors, the Committee believes that it is nevertheless possible to identify certain aspects of the right that must be taken into account for this purpose in any particular context. They include the following:] Affordability. Personal or household financial costs associated with housing should be at such a level that the attainment and satisfaction of other basic needs are not threatened or compromised. Steps should be taken by States parties to ensure that the percentage of housing related costs is, in general, commensurate with income levels. States parties should establish housing subsidies for those unable to obtain affordable housing, as well as forms and levels of housing finance which adequately reflect housing needs. In accordance with the principle of affordability, tenants should be protected by appropriate means against unreasonable rent levels or rent increases. In societies where natural materials constitute the chief sources of building materials for housing, steps should be taken by States parties to ensure the availability of such materials;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 1991
Paragraphe
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 8
- Paragraph text
- While this obligation of every State is derived from the commitment in the Charter of the United Nations to promote respect for all human rights, it should also be recalled that every permanent member of the Security Council has signed the Covenant, although two (China and the United States) have yet to ratify it. Most of the non-permanent members at any given time are parties. Each of these States has undertaken, in conformity with article 2, paragraph 1, of the Covenant to "take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the present Covenant by all appropriate means ...." When the affected State is also a State party, it is doubly incumbent upon other States to respect and take account of the relevant obligations. To the extent that sanctions are imposed on States which are not parties to the Covenant, the same principles would in any event apply given the status of the economic, social and cultural rights of vulnerable groups as part of general international law, as evidenced, for example, by the near-universal ratification of the Convention on the Rights of the Child and the status of the Universal Declaration of Human Rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1997
Paragraphe
The right to social security (Art. 9) 2007, para. 69
- Paragraph text
- The formulation and implementation of national social security strategies and plans of action should respect, inter alia, the principles of non-discrimination, gender equality and people's participation. The right of individuals and groups to participate in decision-making processes that may affect their exercise of the right to social security should be an integral part of any policy, programme or strategy concerning social security.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 72
- Paragraph text
- The strategies and policies adopted by States parties should provide for the establishment of effective mechanisms and institutions, where these do not exist, to investigate and examine alleged infringements of article 15, paragraph 1 (a), identify responsibilities, publicize the results and offer the necessary administrative, judicial or other remedies to compensate victims.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
The right to adequate food (Art. 11) 1999, para. 37
- Paragraph text
- States parties should refrain at all times from food embargoes or similar measures which endanger conditions for food production and access to food in other countries. Food should never be used as an instrument of political and economic pressure. In this regard, the Committee recalls its position, stated in its General Comment No. 8, on the relationship between economic sanctions and respect for economic, social and cultural rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to adequate food (Art. 11) 1999, para. 32
- Paragraph text
- Any person or group who is a victim of a violation of the right to adequate food should have access to effective judicial or other appropriate remedies at both national and international levels. All victims of such violations are entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or guarantees of non-repetition. National Ombudsmen and human rights commissions should address violations of the right to food.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to work (Art. 6) 2005, para. 2
- Paragraph text
- The ICESCR proclaims the right to work in a general sense in its article 6 and explicitly develops the individual dimension of the right to work through the recognition in article 7 of the right of everyone to the enjoyment of just and favourable conditions of work, in particular the right to safe working conditions. The collective dimension of the right to work is addressed in article 8, which enunciates the right of everyone to form trade unions and join the trade union of his/her choice as well as the right of trade unions to function freely. When drafting article 6 of the Covenant, the Commission on Human Rights affirmed the need to recognize the right to work in a broad sense by laying down specific legal obligations rather than a simple philosophical principle. Article 6 defines the right to work in a general and non exhaustive manner. In article 6, paragraph 1, States parties recognize "the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right". In paragraph 2, States parties recognize that "to achieve the full realization of this right" the steps to be taken "shall include technical and vocational guidance and training programmes, policies and techniques to achieve steady economic, social and cultural development and full and productive employment, under conditions safeguarding fundamental political and economic freedoms to the individual".
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 1
- Paragraph text
- Discrimination undermines the fulfilment of economic, social and cultural rights for a significant proportion of the world's population. Economic growth has not, in itself, led to sustainable development, and individuals and groups of individuals continue to face socio economic inequality, often because of entrenched historical and contemporary forms of discrimination.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 59
- Paragraph text
- The obligation to protect requires States parties to take measures to ensure that third parties, such as private sector employers and enterprises, do not interfere with the enjoyment of the right to just and favourable conditions of work and comply with their obligations. This includes taking steps to prevent, investigate, punish and redress abuse through effective laws and policies and adjudication. For example, States should ensure that laws, policies and regulations governing the right to just and favourable conditions of work, such as a national occupational safety and health policy, or legislation on minimum wage and minimum standards for working conditions, are adequate and effectively enforced. States parties should impose sanctions and appropriate penalties on third parties, including adequate reparation, criminal penalties, pecuniary measures such as damages, and administrative measures, in the event of violation of any of the elements of the right. They should also refrain from procuring goods and services from individuals and enterprises that abuse the right. State parties should ensure that the mandates of labour inspectorates and other investigation and protection mechanisms cover conditions of work in the private sector and provide guidance to employers and enterprises. Measures to protect should also cover the informal sector. Certain workers, such as domestic workers, may require specific measures.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to work (Art. 6) 2005, para. 48
- Paragraph text
- Any person or group who is a victim of a violation of the right to work should have access to effective judicial or other appropriate remedies at the national level. At the national level trade unions and human rights commissions should play an important role in defending the right to work. All victims of such violations are entitled to adequate reparation, which may take the form of restitution, compensation, satisfaction or a guarantee of non repetition.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 62
- Paragraph text
- Violations can occur through the direct action of a State party or of other entities or institutions that are insufficiently regulated by the State party, including, in particular, those in the private sector. Many violations of the right to take part in cultural life occur when States parties prevent access to cultural life, practices, goods and services by individuals or communities.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
The right to social security (Art. 9) 2007, para. 1
- Paragraph text
- Article 9 of the International Covenant on Economic, Social and Cultural Rights (the Covenant) provides that, 'The States Parties to the present Covenant recognize the right of everyone to social security, including social insurance.' The right to social security is of central importance in guaranteeing human dignity for all persons when they are faced with circumstances that deprive them of their capacity to fully realize their Covenant rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2007
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 24
- Paragraph text
- The adoption of temporary special measures with the sole purpose of achieving de facto equality does not constitute discrimination, provided that such measures do not perpetuate unequal protection or form a separate system of protection for certain individuals or groups of individuals, and that they are discontinued when the objectives for which they were taken have been achieved.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 22
- Paragraph text
- Article 2 (2) of the Covenant provides that all individuals and groups shall not be discriminated against and shall enjoy equal rights. All individuals and groups should be able to enjoy equal access to the same range, quality and standard of sexual and reproductive health facilities, information, goods and services, and to exercise their rights to sexual and reproductive health without experiencing any discrimination.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 12
- Paragraph text
- The concept of culture must be seen not as a series of isolated manifestations or hermetic compartments, but as an interactive process whereby individuals and communities, while preserving their specificities and purposes, give expression to the culture of humanity. This concept takes account of the individuality and otherness of culture as the creation and product of society.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 4
- Paragraph text
- In its general comment No. 14 (2000) on the right to the highest attainable standard of health (article 12 of the International Covenant on Economic, Social and Cultural Rights), the Committee has already addressed in part the issue of sexual and reproductive health. Considering the continuing grave violations of this right, however, the Committee is of the view that the issue deserves a separate general comment.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
The nature of States parties’ obligations 1990, para. 4
- Paragraph text
- The Committee notes that States parties have generally been conscientious in detailing at least some of the legislative measures that they have taken in this regard. It wishes to emphasize, however, that the adoption of legislative measures, as specifically foreseen by the Covenant, is by no means exhaustive of the obligations of States parties. Rather, the phrase "by all appropriate means" must be given its full and natural meaning. While each State party must decide for itself which means are the most appropriate under the circumstances with respect to each of the rights, the "appropriateness" of the means chosen will not always be self evident. It is therefore desirable that States parties' reports should indicate not only the measures that have been taken but also the basis on which they are considered to be the most "appropriate" under the circumstances. However, the ultimate determination as to whether all appropriate measures have been taken remains one for the Committee to make.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1990
Paragraphe
Reporting by States Parties 1989, para. 5
- Paragraph text
- A fourth objective of the reporting process is to facilitate public scrutiny of government policies with respect to economic, social and cultural rights and to encourage the involvement of the various economic, social and cultural sectors of society in the formulation, implementation and review of the relevant policies. In examining reports submitted to it to date, the Committee has welcomed the fact that a number of States parties, reflecting different political and economic systems, have encouraged inputs by such non governmental groups into the preparation of their reports under the Covenant. Other States have ensured the widespread dissemination of their reports with a view to enabling comments to be made by the public at large. In these ways, the preparation of the report, and its consideration at the national level can come to be of at least as much value as the constructive dialogue conducted at the international level between the Committee and representatives of the reporting State.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 1989
Paragraphe
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 7
- Paragraph text
- The Committee considers that the provisions of the Covenant, virtually all of which are also reflected in a range of other human rights treaties as well as the Universal Declaration of Human Rights, cannot be considered to be inoperative, or in any way inapplicable, solely because a decision has been taken that considerations of international peace and security warrant the imposition of sanctions. Just as the international community insists that any targeted State must respect the civil and political rights of its citizens, so too must that State and the international community itself do everything possible to protect at least the core content of the economic, social and cultural rights of the affected peoples of that State (see also General Comment 3 (1990), paragraph 10).
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 1997
Paragraphe
Forced evictions 1997, para. 15
- Paragraph text
- Appropriate procedural protection and due process are essential aspects of all human rights but are especially pertinent in relation to a matter such as forced evictions which directly invokes a large number of the rights recognized in both the International Covenants on Human Rights. The Committee considers that the procedural protections which should be applied in relation to forced evictions include: (a) an opportunity for genuine consultation with those affected; (b) adequate and reasonable notice for all affected persons prior to the scheduled date of eviction; (c) information on the proposed evictions, and, where applicable, on the alternative purpose for which the land or housing is to be used, to be made available in reasonable time to all those affected; (d) especially where groups of people are involved, government officials or their representatives to be present during an eviction; (e) all persons carrying out the eviction to be properly identified; (f) evictions not to take place in particularly bad weather or at night unless the affected persons consent otherwise; (g) provision of legal remedies; and (h) provision, where possible, of legal aid to persons who are in need of it to seek redress from the courts.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 1997
Paragraphe
Forced evictions 1997, para. 20
- Paragraph text
- Information is also sought as to "measures taken during, inter alia, urban renewal programmes, redevelopment projects, site upgrading, preparation for international events (Olympics and other sporting competitions, exhibitions, conferences, etc.) 'beautiful city' campaigns, etc. which guarantee protection from eviction or guarantee rehousing based on mutual consent, by any persons living on or near to affected sites". However, few States parties have included the requisite information in their reports to the Committee. The Committee therefore wishes to emphasize the importance it attaches to the receipt of such information.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 1997
Paragraphe
The domestic application of the Covenant 1998, para. 13
- Paragraph text
- On the basis of available information, it is clear that State practice is mixed. The Committee notes that some courts have applied the provisions of the Covenant either directly or as interpretive standards. Other courts are willing to acknowledge, in principle, the relevance of the Covenant for interpreting domestic law, but in practice, the impact of the Covenant on the reasoning or outcome of cases is very limited. Still other courts have refused to give any degree of legal effect to the Covenant in cases in which individuals have sought to rely on it. There remains extensive scope for the courts in most countries to place greater reliance upon the Covenant.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1998
Paragraphe
Plans of action for primary education (Art. 14) 1999, para. 8
- Paragraph text
- Adoption of a detailed plan. The State party is required to adopt a plan of action within two years. This must be interpreted as meaning within two years of the Covenant's entry into force of the State concerned, or within two years of a subsequent change in circumstances which has led to the non-observance of the relevant obligation. This obligation is a continuing one and States parties to which the provision is relevant by virtue of the prevailing situation are not absolved from the obligation as a result of their past failure to act within the two-year limit. The plan must cover all of the actions which are necessary in order to secure each of the requisite component parts of the right and must be sufficiently detailed so as to ensure the comprehensive realization of the right. Participation of all sections of civil society in the drawing up of the plan is vital and some means of periodically reviewing progress and ensuring accountability are essential. Without those elements, the significance of the article would be undermined.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The domestic application of the Covenant 1998, para. 7
- Paragraph text
- But whatever the preferred methodology, several principles follow from the duty to give effect to the Covenant and must therefore be respected. First, the means of implementation chosen must be adequate to ensure fulfilment of the obligations under the Covenant. The need to ensure justiciability (see para. 10 below) is relevant when determining the best way to give domestic legal effect to the Covenant rights. Second, account should be taken of the means which have proved to be most effective in the country concerned in ensuring the protection of other human rights. Where the means used to give effect to the Covenant on Economic, Social and Cultural Rights differ significantly from those used in relation to other human rights treaties, there should be a compelling justification for this, taking account of the fact that the formulations used in the Covenant are, to a considerable extent, comparable to those used in treaties dealing with civil and political rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1998
Paragraphe
The right to adequate food (Art. 11) 1999, para. 14
- Paragraph text
- The nature of the legal obligations of States parties are set out in article 2 of the Covenant and has been dealt with in the Committee's General Comment No. 3 (1990). The principal obligation is to take steps to achieve progressively the full realization of the right to adequate food. This imposes an obligation to move as expeditiously as possible towards that goal. Every State is obliged to ensure for everyone under its jurisdiction access to the minimum essential food which is sufficient, nutritionally adequate and safe, to ensure their freedom from hunger.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The role of national human rights institutions in the protection of economic, social and cultural rights 1998, para. 3c
- Paragraph text
- [The Committee notes that national institutions have a potentially crucial role to play in promoting and ensuring the indivisibility and interdependence of all human rights. Unfortunately, this role has too often either not been accorded to the institution or has been neglected or given a low priority by it. It is therefore essential that full attention be given to economic, social and cultural rights in all of the relevant activities of these institutions. The following list is indicative of the types of activities that can be, and in some instances already have been, undertaken by national institutions in relation to these rights:] Providing technical advice, or undertaking surveys in relation to economic, social and cultural rights, including at the request of the public authorities or other appropriate agencies;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 1998
Paragraphe
The right to adequate food (Art. 11) 1999, para. 34
- Paragraph text
- Judges and other members of the legal profession are invited to pay greater attention to violations of the right to food in the exercise of their functions.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to adequate food (Art. 11) 1999, para. 40
- Paragraph text
- The role of the United Nations agencies, including through the United Nations Development Assistance Framework (UNDAF) at the country level, in promoting the realization of the right to food is of special importance. Coordinated efforts for the realization of the right to food should be maintained to enhance coherence and interaction among all the actors concerned, including the various components of civil society. The food organizations, FAO, WFP and the International Fund for Agricultural Development (IFAD) in conjunction with the United Nations Development Programme (UNDP), UNICEF, the World Bank and the regional development banks, should cooperate more effectively, building on their respective expertise, on the implementation of the right to food at the national level, with due respect to their individual mandates.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to education (Art. 13) 1999, para. 19
- Paragraph text
- [The right to higher education] The third and most significant difference between article 13 (2) (b) and (c) is that while secondary education "shall be made generally available and accessible to all", higher education "shall be made equally accessible to all, on the basis of capacity". According to article 13 (2) (c), higher education is not to be "generally available", but only available "on the basis of capacity". The "capacity" of individuals should be assessed by reference to all their relevant expertise and experience.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- N.A.
- Année
- 1999
Paragraphe
The right to education (Art. 13) 1999, para. 54
- Paragraph text
- States parties are obliged to establish "minimum educational standards" to which all educational institutions established in accordance with article 13 (3) and (4) are required to conform. They must also maintain a transparent and effective system to monitor such standards. A State party has no obligation to fund institutions established in accordance with article 13 (3) and (4); however, if a State elects to make a financial contribution to private educational institutions, it must do so without discrimination on any of the prohibited grounds.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 64
- Paragraph text
- Moreover, coordinated efforts for the realization of the right to health should be maintained to enhance the interaction among all the actors concerned, including the various components of civil society. In conformity with articles 22 and 23 of the Covenant, WHO, The International Labour Organization, the United Nations Development Programme, UNICEF, the United Nations Population Fund, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies within the United Nations system, should cooperate effectively with States parties, building on their respective expertise, in relation to the implementation of the right to health at the national level, with due respect to their individual mandates. In particular, the international financial institutions, notably the World Bank and the International Monetary Fund, should pay greater attention to the protection of the right to health in their lending policies, credit agreements and structural adjustment programmes. When examining the reports of States parties and their ability to meet the obligations under article 12, the Committee will consider the effects of the assistance provided by all other actors. The adoption of a human rights-based approach by United Nations specialized agencies, programmes and bodies will greatly facilitate implementation of the right to health. In the course of its examination of States parties' reports, the Committee will also consider the role of health professional associations and other non governmental organizations in relation to the States' obligations under article 12.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to adequate food (Art. 11) 1999, para. 7
- Paragraph text
- The concept of adequacy is particularly significant in relation to the right to food since it serves to underline a number of factors which must be taken into account in determining whether particular foods or diets that are accessible can be considered the most appropriate under given circumstances for the purposes of article 11 of the Covenant. The notion of sustainability is intrinsically linked to the notion of adequate food or food security, implying food being accessible for both present and future generations. The precise meaning of "adequacy" is to a large extent determined by prevailing social, economic, cultural, climatic, ecological and other conditions, while "sustainability" incorporates the notion of long-term availability and accessibility.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Equality & Inclusion
- Food & Nutrition
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to education (Art. 13) 1999, para. 57
- Paragraph text
- In its General Comment 3, the Committee confirmed that States parties have "a minimum core obligation to ensure the satisfaction of, at the very least, minimum essential levels" of each of the rights enunciated in the Covenant, including "the most basic forms of education". In the context of article 13, this core includes an obligation: to ensure the right of access to public educational institutions and programmes on a non discriminatory basis; to ensure that education conforms to the objectives set out in article 13 (1); to provide primary education for all in accordance with article 13 (2) (a); to adopt and implement a national educational strategy which includes provision for secondary, higher and fundamental education; and to ensure free choice of education without interference from the State or third parties, subject to conformity with "minimum educational standards" (art. 13 (3) and (4)).
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1999
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 36
- Paragraph text
- The obligation to fulfil requires States parties, inter alia, to give sufficient recognition to the right to health in the national political and legal systems, preferably by way of legislative implementation, and to adopt a national health policy with a detailed plan for realizing the right to health. States must ensure provision of health care, including immunization programmes against the major infectious diseases, and ensure equal access for all to the underlying determinants of health, such as nutritiously safe food and potable drinking water, basic sanitation and adequate housing and living conditions. Public health infrastructures should provide for sexual and reproductive health services, including safe motherhood, particularly in rural areas. States have to ensure the appropriate training of doctors and other medical personnel, the provision of a sufficient number of hospitals, clinics and other health-related facilities, and the promotion and support of the establishment of institutions providing counselling and mental health services, with due regard to equitable distribution throughout the country. Further obligations include the provision of a public, private or mixed health insurance system which is affordable for all, the promotion of medical research and health education, as well as information campaigns, in particular with respect to HIV/AIDS, sexual and reproductive health, traditional practices, domestic violence, the abuse of alcohol and the use of cigarettes, drugs and other harmful substances. States are also required to adopt measures against environmental and occupational health hazards and against any other threat as demonstrated by epidemiological data. For this purpose they should formulate and implement national policies aimed at reducing and eliminating pollution of air, water and soil, including pollution by heavy metals such as lead from gasoline. Furthermore, States parties are required to formulate, implement and periodically review a coherent national policy to minimize the risk of occupational accidents and diseases, as well as to provide a coherent national policy on occupational safety and health services.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 9
- Paragraph text
- The notion of "the highest attainable standard of health" in article 12.1 takes into account both the individual's biological and socio-economic preconditions and a State's available resources. There are a number of aspects which cannot be addressed solely within the relationship between States and individuals; in particular, good health cannot be ensured by a State, nor can States provide protection against every possible cause of human ill health. Thus, genetic factors, individual susceptibility to ill health and the adoption of unhealthy or risky lifestyles may play an important role with respect to an individual's health. Consequently, the right to health must be understood as a right to the enjoyment of a variety of facilities, goods, services and conditions necessary for the realization of the highest attainable standard of health.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 43b
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To ensure access to the minimum essential food which is nutritionally adequate and safe, to ensure freedom from hunger to everyone;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 49
- Paragraph text
- Violations of the right to health can also occur through the omission or failure of States to take necessary measures arising from legal obligations. Violations through acts of omission include the failure to take appropriate steps towards the full realization of everyone's right to the enjoyment of the highest attainable standard of physical and mental health, the failure to have a national policy on occupational safety and health as well as occupational health services, and the failure to enforce relevant laws.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 16
- Paragraph text
- The prevention, treatment and control of epidemic, endemic, occupational and other diseases (art. 12.2 (c)) requires the establishment of prevention and education programmes for behaviour-related health concerns such as sexually transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual and reproductive health, and the promotion of social determinants of good health, such as environmental safety, education, economic development and gender equity. The right to treatment includes the creation of a system of urgent medical care in cases of accidents, epidemics and similar health hazards, and the provision of disaster relief and humanitarian assistance in emergency situations. The control of diseases refers to States' individual and joint efforts to, inter alia, make available relevant technologies, using and improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 12b (i)
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Non-discrimination: health facilities, goods and services must be accessible to all, especially the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 12d
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Quality. As well as being culturally acceptable, health facilities, goods and services must also be scientifically and medically appropriate and of good quality. This requires, inter alia, skilled medical personnel, scientifically approved and unexpired drugs and hospital equipment, safe and potable water, and adequate sanitation.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 45
- Paragraph text
- In accordance with article 2, paragraph 1, of the Covenant, States parties are required to utilize "all appropriate means, including particularly the adoption of legislative measures" in the implementation of their Covenant obligations. Every State party has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State party to take whatever steps are necessary to ensure that everyone enjoys the right to water, as soon as possible. Any national measures designed to realize the right to water should not interfere with the enjoyment of other human rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2002
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 49
- Paragraph text
- The national water strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to water. In order to create a favourable climate for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to water in pursuing their activities.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- N.A.
- Année
- 2002
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 55
- Paragraph text
- Any persons or groups who have been denied their right to water should have access to effective judicial or other appropriate remedies at both national and international levels (see General Comment No. 9 (1998), para. 4, and Principle 10 of the Rio Declaration on Environment and Development). The Committee notes that the right has been constitutionally entrenched by a number of States and has been subject to litigation before national courts. All victims of violations of the right to water should be entitled to adequate reparation, including restitution, compensation, satisfaction or guarantees of non-repetition. National ombudsmen, human rights commissions, and similar institutions should be permitted to address violations of the right.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2002
Paragraphe
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 25
- Paragraph text
- While the Covenant provides for progressive realization and acknowledges constraints based on limits of available resources (art. 2, para. 1), it also imposes on States parties various obligations that are of an immediate effect, including core obligations. Steps taken to fulfil obligations must be deliberate, concrete and targeted towards the full realization of the right of everyone to benefit from the protection of the moral and material benefits resulting from any scientific, literary or artistic production of which he or she is the author.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2005
Paragraphe
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 4
- Paragraph text
- The right to benefit from the protection of the moral and material interests resulting from one's scientific, literary and artistic productions seeks to encourage the active contribution of creators to the arts and sciences and to the progress of society as a whole. As such, it is intrinsically linked to the other rights recognized in article 15 of the Covenant, i.e. the right to take part in cultural life (art. 15, para. 1 (a)), the right to enjoy the benefits of scientific progress and its applications (art. 15, para. 1 (b)), and the freedom indispensable for scientific research and creative activity (art. 15, para. 3). The relationship between these rights and article 15, paragraph 1 (c), is at the same time mutually reinforcing and reciprocally limitative. The limitations imposed on the right of authors to benefit from the protection of the moral and material interests resulting from their scientific, literary and artistic productions by virtue of these rights will partly be explored in this general comment, partly in separate general comments on article 15, paragraphs 1 (a) and (b) and 3, of the Covenant. As a material safeguard for the freedom of scientific research and creative activity, guaranteed under article 15, paragraph 3 and article 15, paragraph 1 (c), also has an economic dimension and is, therefore, closely linked to the rights to the opportunity to gain one's living by work which one freely chooses (art. 6, para. 1) and to adequate remuneration (art. 7 (a)), and to the human right to an adequate standard of living (art. 11, para. 1). Moreover, the realization of article 15, paragraph 1 (c), is dependent on the enjoyment of other human rights guaranteed in the International Bill of Human Rights and other international and regional instruments, such as the right to own property alone as well as in association with others, the freedom of expression including the freedom to seek, receive and impart information and ideas of all kinds, the right to the full development of the human personality, and rights of cultural participation, including cultural rights of specific groups.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to work (Art. 6) 2005, para. 33
- Paragraph text
- Violations of the obligation to respect the right to work include laws, policies and actions that contravene the standards laid down in article 6 of the Covenant. In particular, any discrimination in access to the labour market or to means and entitlements for obtaining employment on the grounds of race, colour, sex, language, age, religion, political or other opinion, national or social origin, property, birth or any other situation with the aim of impairing the equal enjoyment or exercise of economic, social and cultural rights constitutes a violation of the Covenant. The principle of non discrimination mentioned in article 2, paragraph 2, of the Covenant is immediately applicable and is neither subject to progressive implementation nor dependent on available resources. It is directly applicable to all aspects of the right to work. The failure of States parties to take into account their legal obligations regarding the right to work when entering into bilateral or multilateral agreements with other States, international organizations and other entities such as multinational entities constitutes a violation of their obligation to respect the right to work.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to work (Art. 6) 2005, para. 52
- Paragraph text
- While only States are parties to the Covenant and are thus ultimately accountable for compliance with it, all members of society individuals, local communities, trade unions, civil society and private sector organizations have responsibilities regarding the realization of the right to work. States parties should provide an environment facilitating the discharge of these obligations. Private enterprises national and multinational while not bound by the Covenant, have a particular role to play in job creation, hiring policies and non discriminatory access to work. They should conduct their activities on the basis of legislation, administrative measures, codes of conduct and other appropriate measures promoting respect for the right to work, agreed between the government and civil society. Such measures should recognize the labour standards elaborated by the ILO and aim at increasing the awareness and responsibility of enterprises in the realization of the right to work.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to work (Art. 6) 2005, para. 34
- Paragraph text
- As for all other rights in the Covenant, there is a strong presumption that retrogressive measures taken in relation to the right to work are not permissible. Such retrogressive measures include, inter alia, denial of access to employment to particular individuals or groups, whether such discrimination is based on legislation or practice, abrogation or suspension of the legislation necessary for the exercise of the right to work or the adoption of laws or policies that are manifestly incompatible with international legal obligations relating to the right to work. An example would be the institution of forced labour or the abrogation of legislation protecting the employee against unlawful dismissal. Such measures would constitute a violation of States parties' obligation to respect the right to work.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to work (Art. 6) 2005, para. 36
- Paragraph text
- Violations of the obligation to fulfil occur through the failure of States parties to take all necessary steps to ensure the realization of the right to work. Examples include the failure to adopt or implement a national employment policy designed to ensure the right to work for everyone; insufficient expenditure or misallocation of public funds which results in the non enjoyment of the right to work by individuals or groups, particularly the disadvantaged and marginalized; the failure to monitor the realization of the right to work at the national level, for example, by identifying right to work indicators and benchmarks; and the failure to implement technical and vocational training programmes.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to social security (Art. 9) 2007, para. 22
- Paragraph text
- Benefits, whether in cash or in kind, must be adequate in amount and duration in order that everyone may realize his or her rights to family protection and assistance, an adequate standard of living and adequate access to health care, as contained in articles 10, 11 and 12 of the Covenant. States parties must also pay full respect to the principle of human dignity contained in the preamble of the Covenant, and the principle of non-discrimination, so as to avoid any adverse effect on the levels of benefits and the form in which they are provided. Methods applied should ensure the adequacy of benefits. The adequacy criteria should be monitored regularly to ensure that beneficiaries are able to afford the goods and services they require to realize their Covenant rights. When a person makes contributions to a social security scheme that provides benefits to cover lack of income, there should be a reasonable relationship between earnings, paid contributions, and the amount of relevant benefit.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2007
Paragraphe
The right to social security (Art. 9) 2007, para. 55
- Paragraph text
- Depending on the availability of resources, States parties should facilitate the realization of the right to social security in other countries, for example through provision of economic and technical assistance. International assistance should be provided in a manner that is consistent with the Covenant and other human rights standards, and sustainable and culturally appropriate. Economically developed States parties have a special responsibility for and interest in assisting the developing countries in this regard.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 15b
- Paragraph text
- [There are, among others, three interrelated main components of the right to participate or take part in cultural life: (a) participation in, (b) access to, and (c) contribution to cultural life.] Access covers in particular the right of everyone - alone, in association with others or as a community - to know and understand his or her own culture and that of others through education and information, and to receive quality education and training with due regard for cultural identity. Everyone has also the right to learn about forms of expression and dissemination through any technical medium of information or communication, to follow a way of life associated with the use of cultural goods and resources such as land, water, biodiversity, language or specific institutions, and to benefit from the cultural heritage and the creation of other individuals and communities;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 63
- Paragraph text
- Violations of article 15, paragraph 1 (a), also occur through the omission or failure of a State party to take the necessary measures to comply with its legal obligations under this provision. Violations through omission include the failure to take appropriate steps to achieve the full realization of the right of everyone to take part in cultural life, and the failure to enforce relevant laws or to provide administrative, judicial or other appropriate remedies to enable people to exercise in full the right to take part in cultural life.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 7
- Paragraph text
- Non-discrimination is an immediate and cross-cutting obligation in the Covenant. Article 2, paragraph 2, requires States parties to guarantee non-discrimination in the exercise of each of the economic, social and cultural rights enshrined in the Covenant and can only be applied in conjunction with these rights. It is to be noted that discrimination constitutes any distinction, exclusion, restriction or preference or other differential treatment that is directly or indirectly based on the prohibited grounds of discrimination and which has the intention or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of Covenant rights. Discrimination also includes incitement to discriminate and harassment.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 49b
- Paragraph text
- [The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of everyone, individually or in association with others or within a community or group:] To enjoy freedom of opinion, freedom of expression in the language or languages of their choice, and the right to seek, receive and impart information and ideas of all kinds and forms including art forms, regardless of frontiers of any kind; This implies the right of all persons to have access to, and to participate in, varied information exchanges, and to have access to cultural goods and services, understood as vectors of identity, values and meaning.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 52d
- Paragraph text
- [States parties are under an obligation to facilitate the right of everyone to take part in cultural life by taking a wide range of positive measures, including financial measures, that would contribute to the realization of this right, such as:] Granting assistance, financial or other, to artists, public and private organizations, including science academies, cultural associations, trade unions and other individuals and institutions engaged in scientific and creative activities;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 54d
- Paragraph text
- [The obligation to fulfil requires that States parties must provide all that is necessary for fulfilment of the right to take part in cultural life when individuals or communities are unable, for reasons outside their control, to realize this right for themselves with the means at their disposal. This level of obligation includes, for example:] Guaranteed access for all, without discrimination on grounds of financial or any other status, to museums, libraries, cinemas and theatres and to cultural activities, services and events.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 25
- Paragraph text
- Preventing occupational accidents and disease is a fundamental aspect of the right to just and favourable conditions of work, and is closely related to other Covenant rights, in particular the right to the highest attainable level of physical and mental health. States parties should adopt a national policy for the prevention of accidents and work-related health injury by minimizing hazards in the working environment and ensuring broad participation in the formulation, implementation and review of such a policy, in particular of workers, employers and their representative organizations. While full prevention of occupational accidents and diseases might not be possible, the human and other costs of not taking action far outweigh the financial burden on States parties for taking immediate preventative steps that should be increased over time.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 67
- Paragraph text
- When a State party is not in a position to meet its obligations to realize the right to just and favourable conditions of work, it must seek international assistance. Depending on the availability of resources, States parties should respond to such requests by providing economic and technical assistance and technology transfer and by promoting transnational dialogue between employer and worker organizations, among other measures. Such assistance should be sustainable, culturally appropriate and provided in a manner consistent with human rights standards. Economically developed States parties have a special responsibility for, and interest in, assisting developing countries in this regard.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 29
- Paragraph text
- The policy should incorporate appropriate monitoring and enforcement provisions, including effective investigations, and provide adequate penalties in case of violations, including the right of enforcement authorities to suspend the operation of unsafe enterprises. Workers affected by a preventable occupational accident or disease should have the right to a remedy, including access to appropriate grievance mechanisms, such as courts, to resolve disputes. In particular, States parties should ensure that workers suffering from an accident or disease and, where relevant, the dependants of those workers, receive adequate compensation, including for costs of treatment, loss of earnings and other costs, as well as access to rehabilitation services.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 79
- Paragraph text
- Violations can also occur through acts of omission, which means the failure by a State party to take reasonable steps to fully realize the right for everyone, for example by failing to enforce relevant laws and implement adequate policies, or to regulate the activities of individuals and groups to prevent them from violating the right, or to take into account its Covenant obligations when entering into bilateral or multilateral agreements with other States, international organizations or multinational corporations.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 13
- Paragraph text
- Ensuring the availability of trained medical and professional personnel and skilled providers who are trained to perform the full range of sexual and reproductive health care services is a critical component of ensuring availability. Essential medicines should also be available, including a wide range of contraceptive methods, such as condoms and emergency contraception, medicines for abortion and for post-abortion care, and medicines, including generic medicines, for the prevention and treatment of sexually transmitted infections and HIV.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 69
- Paragraph text
- States parties must refrain from acts or omissions that interfere, either directly or indirectly, with the realization of the right to just and favourable conditions of work in other countries. This is particularly relevant when a State party owns or controls an enterprise or provides substantial support and services to an enterprise operating in another State party. To this end, the State party should respect relevant host-country legislation that complies with the Covenant. When the home country has stronger legislation, the State party should seek to maintain similar minimum standards in the host country as much as practicable. State parties should also require respect for the right to just and favourable conditions of work by individuals and enterprises based extraterritorially with which they conduct commercial transactions.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 43
- Paragraph text
- States must prohibit and prevent private actors from imposing practical or procedural barriers to health services, such as physical obstruction of facilities, dissemination of misinformation, informal fees and third-party authorization requirements. Where health care providers are allowed to invoke conscientious objection, States must appropriately regulate this practice to ensure that it does not inhibit anyone's access to sexual and reproductive health care, including by requiring referrals to an accessible provider capable of and willing to provide the services being sought, and that it does not inhibit the performance of services in urgent or emergency situations.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 49a
- Paragraph text
- [States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence, as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA). The core obligations include at least the following:] To repeal or eliminate laws, policies and practices that criminalize, obstruct or undermine access by individuals or a particular group to sexual and reproductive health facilities, services, goods and information;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 38
- Paragraph text
- Retrogressive measures should be avoided and, if such measures are applied, the State party has the burden of proving their necessity. This applies equally in the context of sexual and reproductive health. Examples of retrogressive measures include the removal of sexual and reproductive health medications from national drug registries; laws or policies revoking public health funding for sexual and reproductive health services; imposition of barriers to information, goods and services relating to sexual and reproductive health; enacting laws criminalizing certain sexual and reproductive health conduct and decisions; and legal and policy changes that reduce oversight by States of the obligation of private actors to respect the right of individuals to access sexual and reproductive health services. In the extreme circumstances under which retrogressive measures may be inevitable, States must ensure that such measures are only temporary, do not disproportionately affect disadvantaged and marginalized individuals and groups, and are not applied in an otherwise discriminatory manner.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 49d
- Paragraph text
- [States parties have a core obligation to ensure, at the very least, minimum essential levels of satisfaction of the right to sexual and reproductive health. In this regard, States parties should be guided by contemporary human rights instruments and jurisprudence, as well as the most current international guidelines and protocols established by United Nations agencies, in particular WHO and the United Nations Population Fund (UNFPA). The core obligations include at least the following:] To enact and enforce the legal prohibition of harmful practices and gender based violence, including female genital mutilation, child and forced marriage and domestic and sexual violence, including marital rape, while ensuring privacy, confidentiality and free, informed and responsible decision-making, without coercion, discrimination or fear of violence, in relation to the sexual and reproductive needs and behaviours of individuals;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 3
- Paragraph text
- The right to health is closely related to and dependent upon the realization of other human rights, as contained in the International Bill of Rights, including the rights to food, housing, work, education, human dignity, life, non-discrimination, equality, the prohibition against torture, privacy, access to information, and the freedoms of association, assembly and movement. These and other rights and freedoms address integral components of the right to health.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 41
- Paragraph text
- States parties should refrain at all times from imposing embargoes or similar measures restricting the supply of another State with adequate medicines and medical equipment. Restrictions on such goods should never be used as an instrument of political and economic pressure. In this regard, the Committee recalls its position, stated in General Comment No. 8, on the relationship between economic sanctions and respect for economic, social and cultural rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to adequate food (Art. 11) 1999, para. 25
- Paragraph text
- The strategy should address critical issues and measures in regard to all aspects of the food system, including the production, processing, distribution, marketing and consumption of safe food, as well as parallel measures in the fields of health, education, employment and social security. Care should be taken to ensure the most sustainable management and use of natural and other resources for food at the national, regional, local and household levels.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Health
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to adequate food (Art. 11) 1999, para. 23
- Paragraph text
- The formulation and implementation of national strategies for the right to food requires full compliance with the principles of accountability, transparency, people's participation, decentralization, legislative capacity and the independence of the judiciary. Good governance is essential to the realization of all human rights, including the elimination of poverty and ensuring a satisfactory livelihood for all.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 65d
- Paragraph text
- [States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of the right to just and favourable conditions of work. Specifically, this requires States parties to:] Adopt and implement a comprehensive national policy on occupational safety and health;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
The right to work (Art. 6) 2005, para. 27
- Paragraph text
- The obligation to fulfil (facilitate) the right to work requires States parties, inter alia, to take positive measures to enable and assist individuals to enjoy the right to work and to implement technical and vocational education plans to facilitate access to employment.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to work (Art. 6) 2005, para. 12a
- Paragraph text
- [The exercise of work in all its forms and at all levels requires the existence of the following interdependent and essential elements, implementation of which will depend on the conditions present in each State party:] Availability. States parties must have specialized services to assist and support individuals in order to enable them to identify and find available employment;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2005
Paragraphe
The right to just and favourable conditions of work (Art. 7) 2016, para. 60
- Paragraph text
- The obligation to fulfil requires States parties to adopt the measures necessary to ensure the full realization of the right to just and favourable conditions of work. This includes introducing measures to facilitate, promote and provide that right, including through collective bargaining and social dialogue.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
State obligations under the International Covenant on Economic, Social and Cultural Rights in the context of business activities 2017, para. 51
- Paragraph text
- Violations of Covenant rights will often be remedied by an individual claim against the State, whether on the basis of the Covenant itself or on the basis of domestic constitutional or legislative provisions that incorporate the guarantees of the Covenant. However, where the violation is directly attributable to a business entity, victims should be able to sue such an entity either directly on the basis of the Covenant in jurisdictions which consider that the Covenant imposes self-executing obligations on private actors, or on the basis of domestic legislation incorporating the Covenant in the national legal order. In this regard, civil remedies play an important role in ensuring access to justice for victims of violations of Covenant rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2017
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 12b
- Paragraph text
- [While the adequacy of water required for the right to water may vary according to different conditions, the following factors apply in all circumstances:] Quality. The water required for each personal or domestic use must be safe, therefore free from micro-organisms, chemical substances and radiological hazards that constitute a threat to a person's health. Furthermore, water should be of an acceptable colour, odour and taste for each personal or domestic use.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Equality & Inclusion
- Health
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2002
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 37a
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure access to the minimum essential amount of water, that is sufficient and safe for personal and domestic uses to prevent disease;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- N.A.
- Année
- 2002
Paragraphe
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 24
- Paragraph text
- The imposition of limitations may, under certain circumstances, require compensatory measures, such as payment of adequate compensation for the use of scientific, literary or artistic productions in the public interest.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 26
- Paragraph text
- The progressive realization of that right over a period of time means that States parties have a specific and continuing obligation to move as expeditiously and effectively as possible towards the full realization of article 15, paragraph 1 (c).
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 5
- Paragraph text
- The Committee is aware that, for millions of people throughout the world, the full enjoyment of the right to health still remains a distant goal. Moreover, in many cases, especially for those living in poverty, this goal is becoming increasingly remote. The Committee recognizes the formidable structural and other obstacles resulting from international and other factors beyond the control of States that impede the full realization of article 12 in many States parties.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Poverty
- Personnes concernées
- All
- Année
- 2000
Paragraphe
Non-discrimination in economic, social and cultural rights (Art. 2, para. 2) 2009, para. 22
- Paragraph text
- This prohibited ground of discrimination covers the profession of religion or belief of one's choice (including the non-profession of any religion or belief), that may be publicly or privately manifested in worship, observance, practice and teaching. For instance, discrimination arises when persons belonging to a religious minority are denied equal access to universities, employment, or health services on the basis of their religion.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 52e
- Paragraph text
- [States parties are under an obligation to facilitate the right of everyone to take part in cultural life by taking a wide range of positive measures, including financial measures, that would contribute to the realization of this right, such as:] Encouraging scientists, artists and others to take part in international scientific and cultural research activities, such as symposiums, conferences, seminars and workshops;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 70
- Paragraph text
- States parties, in implementing the right enshrined in article 15, paragraph 1 (a), of the Covenant, should go beyond the material aspects of culture (such as museums, libraries, theatres, cinemas, monuments and heritage sites) and adopt policies, programmes and proactive measures that also promote effective access by all to intangible cultural goods (such as language, knowledge and traditions).
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Right of everyone to take part in cultural life (Art. 15, para. 1(a)) 2009, para. 49e
- Paragraph text
- [The obligation to respect includes the adoption of specific measures aimed at achieving respect for the right of everyone, individually or in association with others or within a community or group:] To take part freely in an active and informed way, and without discrimination, in any important decision-making process that may have an impact on his or her way of life and on his or her rights under article 15, paragraph 1 (a).
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2009
Paragraphe
Forced evictions 1997, para. 8
- Paragraph text
- In essence, the obligations of States parties to the Covenant in relation to forced evictions are based on article 11.1, read in conjunction with other relevant provisions. In particular, article 2.1 obliges States to use "all appropriate means" to promote the right to adequate housing. However, in view of the nature of the practice of forced evictions, the reference in article 2.1 to progressive achievement based on the availability of resources will rarely be relevant. The State itself must refrain from forced evictions and ensure that the law is enforced against its agents or third parties who carry out forced evictions (as defined in paragraph 3 above). Moreover, this approach is reinforced by article 17.1 of the International Covenant on Civil and Political Rights which complements the right not to be forcefully evicted without adequate protection. That provision recognizes, inter alia, the right to be protected against "arbitrary or unlawful interference" with one's home. It is to be noted that the State's obligation to ensure respect for that right is not qualified by considerations relating to its available resources.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 1997
Paragraphe
The nature of States parties’ obligations 1990, para. 6
- Paragraph text
- Where specific policies aimed directly at the realization of the rights recognized in the Covenant have been adopted in legislative form, the Committee would wish to be informed, inter alia, as to whether such laws create any right of action on behalf of individuals or groups who feel that their rights are not being fully realized. In cases where constitutional recognition has been accorded to specific economic, social and cultural rights, or where the provisions of the Covenant have been incorporated directly into national law, the Committee would wish to receive information as to the extent to which these rights are considered to be justiciable (i.e. able to be invoked before the courts). The Committee would also wish to receive specific information as to any instances in which existing constitutional provisions relating to economic, social and cultural rights have been weakened or significantly changed.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 1990
Paragraphe
The right to adequate food (Art. 11) 1999, para. 5
- Paragraph text
- Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate food, a disturbing gap still exists between the standards set in article 11 of the Covenant and the situation prevailing in many parts of the world. More than 840 million people throughout the world, most of them in developing countries, are chronically hungry; millions of people are suffering from famine as the result of natural disasters, the increasing incidence of civil strife and wars in some regions and the use of food as a political weapon. The Committee observes that while the problems of hunger and malnutrition are often particularly acute in developing countries, malnutrition, under-nutrition and other problems which relate to the right to adequate food and the right to freedom from hunger, also exist in some of the most economically developed countries. Fundamentally, the roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food, inter alia because of poverty, by large segments of the world's population
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to adequate food (Art. 11) 1999, para. 15
- Paragraph text
- The right to adequate food, like any other human right, imposes three types or levels of obligations on States parties: the obligations to respect, to protect and to fulfil. In turn, the obligation to fulfil incorporates both an obligation to facilitate and an obligation to provide. 1 The obligation to respect existing access to adequate food requires States parties not to take any measures that result in preventing such access. The obligation to protect requires measures by the State to ensure that enterprises or individuals do not deprive individuals of their access to adequate food. The obligation to fulfil (facilitate) means the State must proactively engage in activities intended to strengthen people's access to and utilization of resources and means to ensure their livelihood, including food security. Finally, whenever an individual or group is unable, for reasons beyond their control, to enjoy the right to adequate food by the means at their disposal, States have the obligation to fulfil (provide) that right directly. This obligation also applies for persons who are victims of natural or other disasters.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 57
- Paragraph text
- National health strategies should identify appropriate right to health indicators and benchmarks. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under article 12. States may obtain guidance on appropriate right to health indicators, which should address different aspects of the right to health, from the ongoing work of WHO and the United Nations Children's Fund (UNICEF) in this field. Right to health indicators require disaggregation on the prohibited grounds of discrimination.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 55
- Paragraph text
- The national health strategy and plan of action should also be based on the principles of accountability, transparency and independence of the judiciary, since good governance is essential to the effective implementation of all human rights, including the realization of the right to health. In order to create a favourable climate for the realization of the right, States parties should take appropriate steps to ensure that the private business sector and civil society are aware of, and consider the importance of, the right to health in pursuing their activities.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to education (Art. 13) 1999, para. 13
- Paragraph text
- [The right to secondary education] According to article 13 (2) (b), secondary education "shall be made generally available and accessible to all by every appropriate means, and in particular by the progressive introduction of free education". The phrase "generally available" signifies, firstly, that secondary education is not dependent on a student's apparent capacity or ability and, secondly, that secondary education will be distributed throughout the State in such a way that it is available on the same basis to all. For the Committee's interpretation of "accessible", see paragraph 6 above. The phrase "every appropriate means" reinforces the point that States parties should adopt varied and innovative approaches to the delivery of secondary education in different social and cultural contexts
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- N.A.
- Année
- 1999
Paragraphe
The right to education (Art. 13) 1999, para. 40
- Paragraph text
- The enjoyment of academic freedom requires the autonomy of institutions of higher education. Autonomy is that degree of self governance necessary for effective decision making by institutions of higher education in relation to their academic work, standards, management and related activities. Self governance, however, must be consistent with systems of public accountability, especially in respect of funding provided by the State. Given the substantial public investments made in higher education, an appropriate balance has to be struck between institutional autonomy and accountability. While there is no single model, institutional arrangements should be fair, just and equitable, and as transparent and participatory as possible.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 12b (iii)
- Paragraph text
- [The right to health in all its forms and at all levels contains the following interrelated and essential elements, the precise application of which will depend on the conditions prevailing in a particular State party:] Accessibility. Health facilities, goods and services have to be accessible to everyone without discrimination, within the jurisdiction of the State party. Accessibility has four overlapping dimensions: Economic accessibility (affordability): health facilities, goods and services must be affordable for all. Payment for health-care services, as well as services related to the underlying determinants of health, has to be based on the principle of equity, ensuring that these services, whether privately or publicly provided, are affordable for all, including socially disadvantaged groups. Equity demands that poorer households should not be disproportionately burdened with health expenses as compared to richer households.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 43a
- Paragraph text
- [In General Comment No. 3, the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant, including essential primary health care. Read in conjunction with more contemporary instruments, such as the Programme of Action of the International Conference on Population and Development, the Alma-Ata Declaration provides compelling guidance on the core obligations arising from article 12. Accordingly, in the Committee's view, these core obligations include at least the following obligations:] To ensure the right of access to health facilities, goods and services on a non discriminatory basis, especially for vulnerable or marginalized groups;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 53
- Paragraph text
- The most appropriate feasible measures to implement the right to health will vary significantly from one State to another. Every State has a margin of discretion in assessing which measures are most suitable to meet its specific circumstances. The Covenant, however, clearly imposes a duty on each State to take whatever steps are necessary to ensure that everyone has access to health facilities, goods and services so that they can enjoy, as soon as possible, the highest attainable standard of physical and mental health. This requires the adoption of a national strategy to ensure to all the enjoyment of the right to health, based on human rights principles which define the objectives of that strategy, and the formulation of policies and corresponding right to health indicators and benchmarks. The national health strategy should also identify the resources available to attain defined objectives, as well as the most cost effective way of using those resources.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 6
- Paragraph text
- Water is required for a range of different purposes, besides personal and domestic uses, to realize many of the Covenant rights. For instance, water is necessary to produce food (right to adequate food) and ensure environmental hygiene (right to health). Water is essential for securing livelihoods (right to gain a living by work) and enjoying certain cultural practices (right to take part in cultural life). Nevertheless, priority in the allocation of water must be given to the right to water for personal and domestic uses. Priority should also be given to the water resources required to prevent starvation and disease, as well as water required to meet the core obligations of each of the Covenant rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Health
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2002
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 54
- Paragraph text
- The formulation and implementation of national health strategies and plans of action should respect, inter alia, the principles of non-discrimination and people's participation. In particular, the right of individuals and groups to participate in decision-making processes, which may affect their development, must be an integral component of any policy, programme or strategy developed to discharge governmental obligations under article 12. Promoting health must involve effective community action in setting priorities, making decisions, planning, implementing and evaluating strategies to achieve better health. Effective provision of health services can only be assured if people's participation is secured by States.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 37c
- Paragraph text
- [In General Comment No. 3 (1990), the Committee confirms that States parties have a core obligation to ensure the satisfaction of, at the very least, minimum essential levels of each of the rights enunciated in the Covenant. In the Committee's view, at least a number of core obligations in relation to the right to water can be identified, which are of immediate effect:] To ensure physical access to water facilities or services that provide sufficient, safe and regular water; that have a sufficient number of water outlets to avoid prohibitive waiting times; and that are at a reasonable distance from the household;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- N.A.
- Année
- 2002
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 53
- Paragraph text
- To assist the monitoring process, right to water indicators should be identified in the national water strategies or plans of action. The indicators should be designed to monitor, at the national and international levels, the State party's obligations under articles 11, paragraph 1, and 12. Indicators should address the different components of adequate water (such as sufficiency, safety and acceptability, affordability and physical accessibility), be disaggregated by the prohibited grounds of discrimination, and cover all persons residing in the State party's territorial jurisdiction or under their control. States parties may obtain guidance on appropriate indicators from the ongoing work of WHO, the Food and Agriculture Organization of the United Nations (FAO), the United Nations Centre for Human Settlements (Habitat), the International Labour Organization (ILO), the United Nations Children's Fund (UNICEF), the United Nations Environment Programme (UNEP), the United Nations Development Programme (UNDP) and the United Nations Commission on Human Rights.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- N.A.
- Année
- 2002
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 56
- Paragraph text
- Before any action that interferes with an individual's right to water is carried out by the State party, or by any other third party, the relevant authorities must ensure that such actions are performed in a manner warranted by law, compatible with the Covenant, and that comprises: (a) opportunity for genuine consultation with those affected; (b) timely and full disclosure of information on the proposed measures; (c) reasonable notice of proposed actions; (d) legal recourse and remedies for those affected; and (e) legal assistance for obtaining legal remedies (see also General Comments No. 4 (1991) and No. 7 (1997)). Where such action is based on a person's failure to pay for water their capacity to pay must be taken into account. Under no circumstances shall an individual be deprived of the minimum essential level of water.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2002
Paragraphe
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 18a
- Paragraph text
- [The right to the protection of the moral and material interests of authors contains the following essential and interrelated elements, the precise application of which will depend on the economic, social and cultural conditions prevailing in a particular State party:] Availability. Adequate legislation and regulations, as well as effective administrative, judicial or other appropriate remedies, for the protection of the moral and material interests of authors must be available within the jurisdiction of the States parties;
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 22
- Paragraph text
- The right to the protection of the moral and material interests resulting from one's scientific, literary and artistic productions is subject to limitations and must be balanced with the other rights recognized in the Covenant. However, limitations on the rights protected under article 15, paragraph 1 (c), must be determined by law in a manner compatible with the nature of these rights, must pursue a legitimate aim, and must be strictly necessary for the promotion of the general welfare in a democratic society, in accordance with article 4 of the Covenant.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he or she is the author (Art. 15, para. 1 (c)) 2005, para. 30
- Paragraph text
- States parties are under an obligation to respect the human right to benefit from the protection of the moral and material interests of authors by, inter alia, abstaining from infringing the right of authors to be recognized as the creators of their scientific, literary or artistic productions and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, their productions that would be prejudicial to their honour or reputation. States parties must abstain from unjustifiably interfering with the material interests of authors, which are necessary to enable those authors to enjoy an adequate standard of living.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2005
Paragraphe
The right to work (Art. 6) 2005, para. 53
- Paragraph text
- The role of the United Nations agencies and programmes, and in particular the key function of the ILO in protecting and implementing the right to work at the international, regional and national levels, is of particular importance. Regional institutions and instruments, where they exist, also play an important role in ensuring the right to work. When formulating and implementing their national employment strategies, States parties should avail themselves of the technical assistance and cooperation offered by the ILO. When preparing their reports, States parties should also use the extensive information and advisory services provided by the ILO for data collection and disaggregation as well as the development of indicators and benchmarks. In conformity with articles 22 and 23 of the Covenant, the ILO and the other specialized agencies of the United Nations, the World Bank, regional development banks, the International Monetary Fund, the World Trade Organization and other relevant bodies within the United Nations system should cooperate effectively with States parties to implement the right to work at the national level, bearing in mind their own mandates. International financial institutions should pay greater attention to the protection of the right to work in their lending policies and credit agreements. In accordance with paragraph 9 of general comment No. 2 (1990), particular efforts should be made to ensure that the right to work is protected in all structural adjustment programmes. When examining the reports of States parties and their ability to meet their obligations under article 6, the Committee will consider the effects of the assistance provided by actors other than States parties.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2005
Paragraphe