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Different levels and types of services and the human rights to water and sanitation 2015, para. 38
- Paragraph text
- [It also considers four broad categories of management models:] Self-supply.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the human rights to safe drinking water and sanitation
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Article 5 of the Convention on refugees and displaced persons 1996, para. 2
- Paragraph text
- Considering that the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Racial Discrimination proclaim 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 out therein, without distinction of any kind, in particular as to race, colour, descent or national or ethnic origin,
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Personnes concernées
- Persons on the move
- Année
- 1996
Paragraphe
Follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 2002, para. 1
- Paragraph text
- Welcoming the adoption of the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the provisions of General Assembly resolution 56/266 which endorse or are designed to ensure the follow-up of those instruments,
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- N.A.
- Année
- 2002
Paragraphe
Discrimination against non-citizens 2004, para. 2
- Paragraph text
- Recalling the Durban Declaration in which the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, recognized that xenophobia against non nationals, particularly migrants, refugees and asylum-seekers, constitutes one of the main sources of contemporary racism and that human rights violations against members of such groups occur widely in the context of discriminatory, xenophobic and racist practices,
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2004
Paragraphe
Follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 2002, para. 4
- Paragraph text
- Noting in particular the affirmation in the Durban Declaration that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination are of paramount importance for promoting equality and non discrimination in the world,
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2002
Paragraphe
Technical advisory services for reporting obligations 1990, para. 4
- Paragraph text
- Welcoming the request in General Assembly resolution 43/115, paragraph 9, that the Secretary-General should arrange, within existing resources and taking into account the priorities of the programme of advisory services, further training courses for those countries experiencing the most serious difficulties in meeting their reporting obligations under international instruments on human rights,
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1990
Paragraphe
Implementation of article 14 by States parties 2012, para. 28
- Paragraph text
- The Committee strongly encourages States parties to recognize the Committee's competence to consider individual complaints under article 22 to allow victims to submit communications and seek the views of the Committee. The Committee furthermore encourages States parties to ratify or accede to the Optional Protocol to the Convention against Torture in order to strengthen preventive measures against torture and ill-treatment.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
Article 9: Right to liberty and security of persons 1982, para. 2
- Paragraph text
- Paragraph 3 of article 9 requires that in criminal cases any person arrested or detained has to be brought "promptly" before a judge or other officer authorized by law to exercise judicial power. More precise time limits are fixed by law in most States parties and, in the view of the Committee, delays must not exceed a few days. Many States have given insufficient information about the actual practices in this respect.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1982
Paragraphe
Article 10: Humane treatment of persons deprived of liberty 1982, para. 1b
- Paragraph text
- The humane treatment and the respect for the dignity of all persons deprived of their liberty is a basic standard of universal application which cannot depend entirely on material resources. While the Committee is aware that in other respects the modalities and conditions of detention may vary with the available resources, they must always be applied without discrimination, as required by article 2 (1).
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1982
Paragraphe
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 3
- Paragraph text
- Addressing the widespread acceptance or tolerance of corporal punishment of children and eliminating it, in the family, schools and other settings, is not only an obligation of States parties under the Convention. It is also a key strategy for reducing and preventing all forms of violence in societies.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2006
Paragraphe
Persons with Disabilities 1994, para. 36
- Paragraph text
- The Standard Rules provide that "States should ensure that persons with disabilities have the opportunity to utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community, be they in urban or rural areas. ... States should promote the accessibility to and availability of places for cultural performances and services ...". The same applies to places for recreation, sports and tourism.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Persons with disabilities
- Année
- 1994
Paragraphe
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 59
- Paragraph text
- International cooperation: The Committee encourages international cooperation in the realization of the rights provided for in article 31 through the active engagement of United Nations agencies including UNICEF, UNESCO, UNHCR, UN Habitat, UNOSDP, UNDP, UNEP and WHO, as well as international, national and local NGOs.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- All
- Children
- Année
- 2013
Paragraphe
Article 14: Administration of justice 1984, para. 12
- Paragraph text
- Subparagraph 3 (e) states that the accused shall be entitled to examine or have examined the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. This provision is designed to guarantee to the accused the same legal powers of compelling the attendance of witnesses and of examining or cross examining any witnesses as are available to the prosecution.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1984
Paragraphe
Article 12: Freedom of movement 1999, para. 5
- Paragraph text
- The right to move freely relates to the whole territory of a State, including all parts of federal States. According to article 12, paragraph 1, persons are entitled to move from one place to another, and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place. Any restrictions must be in conformity with paragraph 3.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 19
- Paragraph text
- In addition, article 28, paragraph 2, of the Convention refers to school discipline and requires States parties to "take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention".
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2006
Paragraphe
Implementation of article 2 by States parties 2008, para. 2
- Paragraph text
- Article 2, paragraph 1, obliges each State party to take actions that will reinforce the prohibition against torture through legislative, administrative, judicial, or other actions that must, in the end, be effective in preventing it. To ensure that measures are in fact taken that are known to prevent or punish any acts of torture, the Convention outlines in subsequent articles obligations for the State party to take measures specified therein.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2008
Paragraphe
Article 14: Administration of justice 1984, para. 13
- Paragraph text
- Subparagraph 3 (f) provides that if the accused cannot understand or speak the language used in court he is entitled to the assistance of an interpreter free of any charge. This right is independent of the outcome of the proceedings and applies to aliens as well as to nationals. It is of basic importance in cases in which ignorance of the language used by a court or difficulty in understanding may constitute a major obstacle to the right of defence.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Movement
- Personnes concernées
- Persons on the move
- Année
- 1984
Paragraphe
Article 12: Freedom of movement 1999, para. 13
- Paragraph text
- In adopting laws providing for restrictions permitted by article 12, paragraph 3, States should always be guided by the principle that the restrictions must not impair the essence of the right (cf. art 5, para. 1); the relation between right and restriction, between norm and exception, must not be reversed. The laws authorizing the application of restrictions should use precise criteria and may not confer unfettered discretion on those charged with their execution.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1999
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 14
- Paragraph text
- Equality before courts and tribunals also requires that similar cases are dealt with in similar proceedings. If, for example, exceptional criminal procedures or specially constituted courts or tribunals apply in the determination of certain categories of cases, objective and reasonable grounds must be provided to justify the distinction.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Article 9: Liberty and security of person 2014, para. 45
- Paragraph text
- Paragraph 4 entitles the individual to take proceedings before "a court," which should ordinarily be a court within the judiciary. Exceptionally, for some forms of detention, legislation may provide for proceedings before a specialized tribunal, which must be established by law and must either be independent of the executive and legislative branches or enjoy judicial independence in deciding legal matters in proceedings that are judicial in nature.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Women and health 1999, para. 15c
- Paragraph text
- [The obligation to protect rights relating to women's health requires States parties, their agents and officials to take action to prevent and impose sanctions for violations of rights by private persons and organizations. Since gender-based violence is a critical health issue for women, States parties should ensure:] Fair and protective procedures for hearing complaints and imposing appropriate sanctions on health-care professionals guilty of sexual abuse of women patients;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- Women
- Année
- 1999
Paragraphe
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 41
- Paragraph text
- [Pressure for educational achievement: Many children in many parts of the world are being denied their rights under article 31 as a consequence of an emphasis on formal academic success. For example:] The use of formal or didactic educational methods in the classroom do not take advantage of opportunities for active playful learning;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Personnes concernées
- Children
- Année
- 2013
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.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Article 25: The right to participate in public affairs, voting rights and the right of equal access to public service 1996, para. 8
- Paragraph text
- Citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 1996
Paragraphe
Article 12: Freedom of movement 1999, para. 20
- Paragraph text
- The wording of article 12, paragraph 4, does not distinguish between nationals and aliens ("no one"). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase "his own country". The scope of "his own country" is broader than the concept "country of his nationality". It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Année
- 1999
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 60
- Paragraph text
- To ill-treat persons against whom criminal charges are brought and to force them to make or sign, under duress, a confession admitting guilt violates both article 7 of the Covenant prohibiting torture and inhuman, cruel or degrading treatment and article 14, paragraph 3 (g) prohibiting compulsion to testify against oneself or confess guilt.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
Equality in marriage and family relations 1994, para. 23
- Paragraph text
- There is general agreement that where there are freely available appropriate measures for the voluntary regulation of fertility, the health, development and well-being of all members of the family improve. Moreover, such services improve the general quality of life and health of the population, and the voluntary regulation of population growth helps preserve the environment and achieve sustainable economic and social development.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Families
- Année
- 1994
Paragraphe
Temporary special measures 2004, para. 21
- Paragraph text
- The term "special", though being in conformity with human rights discourse, also needs to be carefully explained. Its use sometimes casts women and other groups who are subject to discrimination as weak, vulnerable and in need of extra or "special" measures in order to participate or compete in society. However, the real meaning of "special" in the formulation of article 4, paragraph 1, is that the measures are designed to serve a specific goal.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Women
- Année
- 2004
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 14
- Paragraph text
- The Committee has consistently expressed concern that identity-based personal status laws and customs perpetuate discrimination against women and that the preservation of multiple legal systems is in itself discriminatory against women. The lack of individual choice relating to the application or observance of particular laws and customs exacerbates this discrimination.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
Paragraphe
Women in conflict prevention, conflict and post-conflict situations 2013, para. 8
- Paragraph text
- The Committee reiterates general recommendation No. 28 to the effect that the obligations of States parties also apply extraterritorially to persons within their effective control, even if not situated within their territory, and that States parties are responsible for all their actions affecting human rights, regardless of whether the affected persons are in their territory.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Harmful practices (joint General Recommendation with CRC) 2014, para. 44
- Paragraph text
- Prejudices and weak capacity to address the rights of women and children among judges in customary and religious courts or traditional adjudication mechanisms and the belief that matters falling within the purview of such customary systems should not be subjected to any review or scrutiny by the State or other judicial bodies deny or limit the access to justice of victims of harmful practices.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Women
- Année
- 2014
Paragraphe
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 57f
- Paragraph text
- [The obligation to protect requires that States parties take action to prevent third parties from interfering in or restricting the rights provided for in article 31. Accordingly, States are obliged to ensure:] Marketing and media: Action should be initiated to: Limit exposure to advertising during peak viewing hours for children;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Article 14: Administration of justice 1984, para. 10
- Paragraph text
- Subparagraph 3 (c) provides that the accused shall be tried without undue delay. This guarantee relates not only to the time by which a trial should commence, but also the time by which it should end and judgement be rendered; all stages must take place "without undue delay". To make this right effective, a procedure must be available in order to ensure that the trial will proceed "without undue delay", both in first instance and on appeal.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1984
Paragraphe
Article 25: The right to participate in public affairs, voting rights and the right of equal access to public service 1996, para. 27
- Paragraph text
- Having regard to the provisions of article 5, paragraph 1, of the Covenant, any rights recognized and protected by article 25 may not be interpreted as implying a right to act or as validating any act aimed at the destruction or limitation of the rights and freedoms protected by the Covenant.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1996
Paragraphe
Article 3: The equality of rights between men and women - replaces GC No. 4 2000, para. 4
- Paragraph text
- States parties are responsible for ensuring the equal enjoyment of rights without any discrimination. Articles 2 and 3 mandate States parties to take all steps necessary, including the prohibition of discrimination on the ground of sex, to put an end to discriminatory actions, both in the public and the private sector, which impair the equal enjoyment of rights.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Men
- Women
- Année
- 2000
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 64
- Paragraph text
- As regards the right to have access to public service on general terms of equality as provided for in article 25 (c) of the Covenant, a dismissal of judges in violation of this provision may amount to a violation of this guarantee, read in conjunction with article 14, paragraph 1 providing for the independence of the judiciary.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 41
- Paragraph text
- [Pressure for educational achievement: Many children in many parts of the world are being denied their rights under article 31 as a consequence of an emphasis on formal academic success. For example:] The curriculum and daily schedule often lack recognition of the necessity of or provision for play, recreation and rest;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Personnes concernées
- Children
- Année
- 2013
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.
- Status juridique
- Non-negotiated soft law
- 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
The position of aliens under the Covenant 1986, para. 5
- Paragraph text
- The Covenant does not recognize the right of aliens to enter or reside in the territory of a State party. It is in principle a matter for the State to decide who it will admit to its territory. However, in certain circumstances an alien may enjoy the protection of the Covenant even in relation to entry or residence, for example, when considerations of non discrimination, prohibition of inhuman treatment and respect for family life arise.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Persons on the move
- Année
- 1986
Paragraphe
Article 12: Freedom of movement 1999, para. 14
- Paragraph text
- Article 12, paragraph 3, clearly indicates that it is not sufficient that the restrictions serve the permissible purposes; they must also be necessary to protect them. Restrictive measures must conform to the principle of proportionality; they must be appropriate to achieve their protective function; they must be the least intrusive instrument amongst those which might achieve the desired result; and they must be proportionate to the interest to be protected.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 1999
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 18
- Paragraph text
- The notion of a "tribunal" in article 14, paragraph 1 designates a body, regardless of its denomination, that is established by law, is independent of the executive and legislative branches of government or enjoys in specific cases judicial independence in deciding legal matters in proceedings that are judicial in nature. Article 14, paragraph 1, second sentence, guarantees access to such tribunals to all who have criminal charges brought against them. This right cannot be limited, and any criminal conviction by a body not constituting a tribunal is incompatible with this provision. Similarly, whenever rights and obligations in a suit at law are determined, this must be done at least at one stage of the proceedings by a tribunal within the meaning of this sentence. The failure of a State party to establish a competent tribunal to determine such rights and obligations or to allow access to such a tribunal in specific cases would amount to a violation of article 14 if such limitations are not based on domestic legislation, are not necessary to pursue legitimate aims such as the proper administration of justice, or are based on exceptions from jurisdiction deriving from international law such, for example, as immunities, or if the access left to an individual would be limited to an extent that would undermine the very essence of the right.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2007
Paragraphe
Equality in marriage and family relations 1994, para. Article 16.1d
- Paragraph text
- [Article 16] [States parties shall take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and women:] The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to their children; in all cases the interests of the children shall be paramount;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Families
- Men
- Women
- Année
- 1994
Paragraphe
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 7
- Paragraph text
- The first sentence of article 14, paragraph 1 guarantees in general terms the right to equality before courts and tribunals. This guarantee not only applies to courts and tribunals addressed in the second sentence of this paragraph of article 14, but must also be respected whenever domestic law entrusts a judicial body with a judicial task.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
Article 19: Freedoms of opinion and expression 2011, para. 47
- Paragraph text
- Defamation laws must be crafted with care to ensure that they comply with paragraph 3, and that they do not serve, in practice, to stifle freedom of expression. All such laws, in particular penal defamation laws, should include such defences as the defence of truth and they should not be applied with regard to those forms of expression that are not, of their nature, subject to verification. At least with regard to comments about public figures, consideration should be given to avoiding penalizing or otherwise rendering unlawful untrue statements that have been published in error but without malice. In any event, a public interest in the subject matter of the criticism should be recognized as a defence. Care should be taken by States parties to avoid excessively punitive measures and penalties. Where relevant, States parties should place reasonable limits on the requirement for a defendant to reimburse the expenses of the successful party. States parties should consider the decriminalization of defamation and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously - such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others.
- Status juridique
- Non-negotiated soft law
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Women and health 1999, para. 13
- Paragraph text
- The duty of States parties to ensure, on a basis of equality of men and women, access to health-care services, information and education implies an obligation to respect, protect and fulfil women's rights to health care. States parties have the responsibility to ensure that legislation and executive action and policy comply with these three obligations. They must also put in place a system that ensures effective judicial action. Failure to do so will constitute a violation of article 12.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Men
- Women
- Année
- 1999
Paragraphe
Core obligations of States parties under article 2 2010, para. 8
- Paragraph text
- Article 2 calls on States parties to condemn discrimination against women in "all its forms", while article 3 refers to appropriate measures that States parties are expected to take in "all fields" to ensure the full development and advancement of women. Through these provisions, the Convention anticipates the emergence of new forms of discrimination that had not been identified at the time of its drafting.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 24
- Paragraph text
- Certain forms of relationships (namely, same-sex relationships) are not legally, socially or culturally accepted in a considerable number of States parties. However, where they are recognized, whether as a de facto union, registered partnership or marriage, the State party should ensure protection of the economic rights of the women in those relationships.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- LGBTQI+
- Women
- Année
- 2013
Paragraphe
Women in conflict prevention, conflict and post-conflict situations 2013, para. 84
- Paragraph text
- States parties are to provide information on the implementation of the Security Council agenda on women, peace and security, in particular resolutions 1325 (2000), 1820 (2008), 1888 (2009), 1889 (2009), 1960 (2010), 2106 (2013) and 2122 (2013), including by specifically reporting on compliance with any agreed United Nations benchmarks or indicators developed as part of that agenda.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Women’s access to justice 2015, para. 24
- Paragraph text
- Special consideration is to be given to girls (including the girl child and adolescent girls, where appropriate) because they face specific barriers to gaining access to justice. They often lack the social or legal capacity to make significant decisions about their lives in areas relating to education, health and sexual and reproductive rights. They may be forced into marriage or subjected to other harmful practices and various forms of violence.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Personnes concernées
- Adolescents
- Children
- Girls
- Women
- Année
- 2015
Paragraphe
Older women and protection of their human rights 2010, para. 11
- Paragraph text
- While both men and women experience discrimination as they become older, older women experience ageing differently. The impact of gender inequality throughout their lifespan is exacerbated in old age and is often based on deep-rooted cultural and social norms. The discrimination that older women experience is often a result of unfair resource allocation, maltreatment, neglect and limited access to basic services.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Older persons
- Women
- Année
- 2010
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 42
- Paragraph text
- States parties should provide for separating the principles and procedure dissolving the marriage relationship from those relating to the economic aspects of the dissolution. Free legal aid should be provided to women who do not have the means to pay for court costs and attorney fees, so as to ensure that no woman is forced to forgo her economic rights to obtain a divorce.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Personnes concernées
- Families
- Women
- Année
- 2013
Paragraphe
Gender-related dimensions of refugee status, asylum, nationality and statelessness of women 2014, para. 13
- Paragraph text
- The Committee notes that asylum seekers seek international protection on the basis that they cannot return to their country of origin because they have a well- founded fear of persecution or are at risk of being ill-treated or subjected to other serious harm. It also notes that under article 1A(2) of the 1951 Convention relating to the Status of Refugees the reasons for persecution must be linked to one of the five grounds listed therein: race, religion, nationality, membership of a particular social group or political opinion. Gender-related persecution is absent from the text. The present general recommendation is intended to ensure that States parties apply a gender perspective when interpreting all five grounds, use gender as a factor in recognizing membership of a particular social group for purposes of granting refugee status under the 1951 Convention and further introduce other grounds of persecution, namely sex and/or gender, into national legislation and policies relating to refugees and asylum seekers. It should be noted that, in other international, national and regional contexts, asylum is also provided to persons who cannot be returned to their countries of origin owing to, among other things, threats to their lives or torture or inhuman or degrading treatment. Those forms of complementary protection are also covered herein.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Humanitarian
- Movement
- Personnes concernées
- Persons on the move
- Année
- 2014
Paragraphe
Political and public life 1997, para. 3
- Paragraph text
- Moreover, in article 1 of the Convention, the term "discrimination against women" is interpreted to mean: any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Gender
- Personnes concernées
- Men
- Women
- Année
- 1997
Paragraphe
Core obligations of States parties under article 2 2010, para. 6
- Paragraph text
- Article 2 is crucial to the full implementation of the Convention, since it identifies the nature of the general legal obligations of States parties. The obligations enshrined in article 2 are inextricably linked with all other substantive provisions of the Convention, as States parties have the obligation to ensure that all the rights enshrined in the Convention are fully respected at the national level.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 18
- Paragraph text
- States parties are obligated to address the sex- and gender-based discriminatory aspects of all the various forms of family and family relationships. In respect of discrimination against women, they must address patriarchal traditions and attitudes and open family law and policy with the same scrutiny that is given to the "public" aspects of individual and community life.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Personnes concernées
- Families
- Women
- Année
- 2013
Paragraphe
Women in conflict prevention, conflict and post-conflict situations 2013, para. 40
- Paragraph text
- Trafficking may also occur when third-party countries seek to restrict migrant influxes out of conflict-affected areas through measures such as interdiction, expulsion or detention. Restrictive, sex-specific or discriminatory migration policies that limit opportunities for women and girls fleeing from conflict zones may heighten their vulnerability to exploitation and trafficking.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Humanitarian
- Movement
- Personnes concernées
- Girls
- Persons on the move
- Women
- Année
- 2013
Paragraphe
Harmful practices (joint General Recommendation with CRC) 2014, para. 58
- Paragraph text
- Social norms are interconnected, meaning that harmful practices cannot be addressed in isolation, but within a broader context based on a comprehensive understanding of how the practices are linked to other cultural and social norms and other practices. This indicates the need to adopt a rights-based approach that is founded on recognition that rights are indivisible and interdependent.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Women and health 1999, para. 4
- Paragraph text
- The Committee notes the emphasis that other United Nations instruments place on the right to health and to the conditions that enable good health to be achieved. Among such instruments are the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Racial Discrimination.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- All
- Année
- 1999
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 5
- Paragraph text
- Regardless of the vast range of economic arrangements within the family, women in both developing and developed countries generally share the experience of being worse off economically than men in family relationships and following the dissolution of those relationships. Social security systems, nominally designed to improve economic status, may also discriminate against women.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Families
- Men
- Women
- Année
- 2013
Paragraphe
Economic consequences of marriage, family relations and their dissolution 2013, para. 53
- Paragraph text
- [States parties are obligated to adopt laws of intestate succession that comply with the principles of the Convention. Such laws should ensure:] That customary succession to use rights or title to land cannot be conditioned on forced marriage to a deceased spouse's brother (levirate marriage) or any other person, or on the existence or absence of minor children of the marriage.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2013
Paragraphe
Harmful practices (joint General Recommendation with CRC) 2014, para. 16c
- Paragraph text
- [For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful:] They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Women
- Année
- 2014
Paragraphe
Article 5 of the Convention on refugees and displaced persons 1996, para. 1
- Paragraph text
- Draws the attention of States parties to article 5 of the International Convention on the Elimination of All Forms of Racial Discrimination as well as the Committee's general recommendation XX (48) on article 5, and reiterates that the Convention obliges States parties to prohibit and eliminate racial discrimination in the enjoyment of civil, political, economic, social and cultural rights and freedoms;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 1996
Paragraphe
Combatting racist hate speech 2013, para. 37
- Paragraph text
- Formal rejection of hate speech by high-level public officials and condemnation of the hateful ideas expressed play an important role in promoting a culture of tolerance and respect. The promotion of intercultural dialogue through a culture of public discourse and institutional instruments of dialogue, and the promotion of equal opportunities in all aspects of society are of equal value to educational methodologies and should be encouraged in a vigorous manner.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Reporting by States parties (article 7 of the Convention) 1977, para. 2a
- Paragraph text
- [Invites the attention of States parties to the fact that, in accordance with article 7 of the Convention, the information to which the preceding paragraph refers should include information on the "immediate and effective measures" which they have adopted, "in the fields of teaching, education, culture and information", with a view to:] Combating prejudices which lead to racial discrimination;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 1977
Paragraphe
Combatting racist hate speech 2013, para. 12
- Paragraph text
- The Committee recommends that the criminalization of forms of racist expression should be reserved for serious cases, to be proven beyond reasonable doubt, while less serious cases should be addressed by means other than criminal law, taking into account, inter alia, the nature and extent of the impact on targeted persons and groups. The application of criminal sanctions should be governed by principles of legality, proportionality and necessity.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
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.
- Status juridique
- Non-negotiated soft law
- 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.
- Status juridique
- Non-negotiated soft law
- 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
Training of law enforcement officials in the protection of human rights 1993, para. 3
- Paragraph text
- In the implementation of article 7 of the Convention, the Committee calls upon States parties to review and improve the training of law enforcement officials so that the standards of the Convention as well as the Code of Conduct for Law Enforcement Officials (1979) are fully implemented. They should also include respective information thereupon in their periodic reports.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 1993
Paragraphe
Combatting racist hate speech 2013, para. 18
- Paragraph text
- Independent, impartial and informed judicial bodies are crucial to ensuring that the facts and legal qualifications of individual cases are assessed consistently with international standards of human rights. Judicial infrastructures should be complemented in this respect by national human rights institutions in accordance with the principles relating to the status of national institutions for the promotion and protection of human rights (Paris Principles).
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
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;
- Status juridique
- Non-negotiated soft law
- 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
Article 4 of the Convention 1993, para. 2
- Paragraph text
- The Committee recalls its general recommendation VII in which it explained that the provisions of article 4 are of a mandatory character. To satisfy these obligations, States parties have not only to enact appropriate legislation but also to ensure that it is effectively enforced. Because threats and acts of racial violence easily lead to other such acts and generate an atmosphere of hostility, only immediate intervention can meet the obligations of effective response.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- N.A.
- Année
- 1993
Paragraphe
Article 3 of the Convention 1995, para. 1
- Paragraph text
- The Committee on the Elimination of Racial Discrimination calls the attention of States parties to the wording of article 3, by which States parties undertake to prevent, prohibit and eradicate all practices of racial segregation and apartheid in territories under their jurisdiction. The reference to apartheid may have been directed exclusively to South Africa, but the article as adopted prohibits all forms of racial segregation in all countries.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 1995
Paragraphe
Combatting racist hate speech 2013, para. 21
- Paragraph text
- The Committee underlines that article 4 (b) requires that racist organizations which promote and incite racial discrimination be declared illegal and prohibited. The Committee understands that the reference to "organized…propaganda activities" implicates improvised forms of organization or networks, and that "all other propaganda activities" may be taken to refer to unorganized or spontaneous promotion and incitement of racial discrimination.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
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.
- Status juridique
- Non-negotiated soft law
- 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 water (Art. 11 and 12) 2002, para. 9
- Paragraph text
- With a view to assisting States parties' implementation of the Covenant and the fulfilment of their reporting obligations, this General Comment focuses in Part II on the normative content of the right to water in articles 11, paragraph 1, and 12, on States parties' obligations (Part III), on violations (Part IV) and on implementation at the national level (Part V), while the obligations of actors other than States parties are addressed in Part VI.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2002
Paragraphe
The equal right of men and women to the enjoyment of all economic, social and cultural rights 2005, para. 35
- Paragraph text
- The adoption of temporary special measures may be necessary to accelerate the equal enjoyment by women of all economic, social and cultural rights and to improve the de facto position of women. Temporary special measures should be distinguished from permanent policies and strategies undertaken to achieve equality of men and women.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Men
- Women
- Année
- 2005
Paragraphe
The right to social security (Art. 9) 2007, para. 2
- Paragraph text
- The right to social security encompasses the right to access and maintain benefits, whether in cash or in kind, without discrimination in order to secure protection, inter alia, from (a) lack of work-related income caused by sickness, disability, maternity, employment injury, unemployment, old age, or death of a family member; (b) unaffordable access to health care; (c) insufficient family support, particularly for children and adult dependents.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2007
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.
- Status juridique
- Non-negotiated soft law
- 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.
- Status juridique
- Non-negotiated soft law
- 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 Role of Independent National Human Rights Institutions in the Protection and Promotion of the Rights of the Child 2002, para. 19b
- Paragraph text
- [The following is an indicative, but not exhaustive, list of the types of activities which NHRIs should carry out in relation to the implementation of children's rights in light of the general principles of the Convention. They should:] Conduct inquiries on matters relating to children's rights;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2002
Paragraphe
The right to inclusive education 2016, para. 7
- Paragraph text
- Consistent with Article 4, paragraph 3, States parties must consult with and actively involve persons with disabilities, including children with disabilities, through their representative organisations (OPDs), in all aspects of planning, implementation, monitoring and evaluation of inclusive education policies. Persons with disabilities and, when appropriate, their families, must be recognised as partners and not merely recipients of education.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Families
- Persons with disabilities
- Année
- 2016
Paragraphe
Rights of rural women 2016, para. 60
- Paragraph text
- The consequences of industrial agriculture have often been detrimental to rural women farmers and have included soil degradation and erosion, water depletion and the use of cash crops to the detriment of local food crops. The controversial use of genetically modified organisms and the patenting of genetically altered crops are also linked to increased agricultural industrialization. Rural women, however, are more often engaged in organic and sustainable farming practices.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Discrimination against Women
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Gender
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Gender-related dimensions of racial discrimination 2000, para. 4
- Paragraph text
- Accordingly, the Committee, when examining forms of racial discrimination, intends to enhance its efforts to integrate gender perspectives, incorporate gender analysis, and encourage the use of gender inclusive language in its sessional working methods, including its review of reports submitted by States parties, concluding observations, early warning mechanisms and urgent action procedures, and general recommendations.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- N.A.
- Année
- 2000
Paragraphe
Combatting racist hate speech 2013, para. 46
- Paragraph text
- The prevalence of racist hate speech in all regions of the world continues to represent a significant contemporary challenge for human rights. The faithful implementation of the Convention as a whole, integrated into wider global efforts to counter hate speech phenomena, represents the best hope of translating the vision of a society free from intolerance and hatred into a living reality and promoting a culture of respect for universal human rights.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Année
- 2013
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.
- Status juridique
- Non-negotiated soft law
- 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 water (Art. 11 and 12) 2002, para. 37d
- 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 personal security is not threatened when having to physically access to water;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- N.A.
- Année
- 2002
Paragraphe
The right to work (Art. 6) 2005, para. 24
- Paragraph text
- With regard to the obligations of States parties relating to child labour as set out in article 10 of the Covenant, States parties must take effective measures, in particular legislative measures, to prohibit labour of children under the age of 16. Further, they have to prohibit all forms of economic exploitation and forced labour of children. States parties must adopt effective measures to ensure that the prohibition of child labour will be fully respected.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2005
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.
- Status juridique
- Non-negotiated soft law
- 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 water (Art. 11 and 12) 2002, para. 36
- Paragraph text
- States parties should ensure that their actions as members of international organizations take due account of the right to water. Accordingly, States parties that are members of international financial institutions, notably the International Monetary Fund, the World Bank, and regional development banks, should take steps to ensure that the right to water is taken into account in their lending policies, credit agreements and other international measures.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- N.A.
- Année
- 2002
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".
- Status juridique
- Non-negotiated soft law
- 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 social security (Art. 9) 2007, para. 19
- Paragraph text
- Article 10 of the Covenant expressly provides that "working mothers should be accorded paid leave or leave with adequate social security benefits". Paid maternity leave should be granted to all women, including those involved in atypical work, and benefits should be provided for an adequate period. Appropriate medical benefits should be provided for women and children, including perinatal, childbirth and postnatal care and care in hospital where necessary
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Women
- Année
- 2007
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.
- Status juridique
- Non-negotiated soft law
- 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.
- Status juridique
- Non-negotiated soft law
- 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 of the child to freedom from all forms of violence 2011, para. 41a
- Paragraph text
- [State parties that have not yet done so must:] Ratify the two Optional Protocols to the Convention, and other international and regional human rights instruments that provide protection for children, including the Convention on the Rights of Persons with Disabilities and its Optional Protocol and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2011
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 37e
- 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 equitable distribution of all available water facilities and services;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- N.A.
- Année
- 2002
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.
- Status juridique
- Non-negotiated soft law
- 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 social security (Art. 9) 2007, para. 32
- Paragraph text
- In general comment No.16 (2005) on the equal right of men and women to the enjoyment of all economic, social and cultural rights (art. 3), the Committee noted that implementation of article 3 in relation to article 9 requires, inter alia, equalization of the compulsory retirement age for both men and women; ensuring that women receive equal benefits in both public and private pension schemes; and guaranteeing adequate maternity leave for women, paternity leave for men, and parental leave for both men and women. In social security schemes that link benefits with contributions, States parties should take steps to eliminate the factors that prevent women from making equal contributions to such schemes (for example, intermittent participation in the workforce on account of family responsibilities and unequal wage outcomes) or ensure that schemes take account of such factors in the design of benefit formulas (for example by considering child rearing periods or periods to take care of adult dependents in relation to pension entitlements). Differences in the average life expectancy of men and women can also lead directly or indirectly to discrimination in provision of benefits (particularly in the case of pensions) and thus need to be taken into account in the design of schemes. Non-contributory schemes must also take account of the fact that women are more likely to live in poverty than men and often have sole responsibility for the care of children.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Men
- Women
- Année
- 2007
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.
- Status juridique
- Non-negotiated soft law
- 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 sexual and reproductive health (Art. 12) 2016, para. 19
- Paragraph text
- Such information must be provided in a manner consistent with the needs of the individual and the community, taking into consideration, for example, age, gender, language ability, educational level, disability, sexual orientation, gender identity and intersex status. Information accessibility should not impair the right to have personal health data and information treated with privacy and confidentiality.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Persons with disabilities
- Année
- 2016
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 42b (ii)
- Paragraph text
- [Administrative measures should reflect governmental obligations to establish policies, programmes, monitoring and oversight systems required to protect the child from all forms of violence. These include:] [At the levels of governmental, professional and civil society institutions:] Involving academic teaching and training institutions with regard to child protection initiatives;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
The right to education (Art. 13) 1999, para. 24
- Paragraph text
- [The right to fundamental education] It should be emphasized that enjoyment of the right to fundamental education is not limited by age or gender; it extends to children, youth and adults, including older persons. Fundamental education, therefore, is an integral component of adult education and life-long learning. Because fundamental education is a right of all age groups, curricula and delivery systems must be devised which are suitable for students of all ages
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Gender
- Personnes concernées
- Children
- Older persons
- Youth
- Année
- 1999
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 37g
- 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 monitor the extent of the realization, or the non-realization, of the right to water;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Water & Sanitation
- Personnes concernées
- N.A.
- Année
- 2002
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.
- Status juridique
- Non-negotiated soft law
- 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
The right to social security (Art. 9) 2007, para. 54
- Paragraph text
- States parties should extraterritorially protect the right to social security by preventing their own citizens and national entities from violating this right in other countries. Where States parties can take steps to influence third parties (non-State actors) within their jurisdiction to respect the right, through legal or political means, such steps should be taken in accordance with the Charter of the United Nations and applicable international law.
- Status juridique
- Non-negotiated soft law
- 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
- N.A.
- 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.
- Status juridique
- Non-negotiated soft law
- 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.
- Status juridique
- Non-negotiated soft law
- 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 of the child to freedom from all forms of violence 2011, para. 43a (vi)
- Paragraph text
- [Social measures should reflect governmental commitment to fulfilling child protection rights and provide for basic and targeted services. They can be initiated and implemented by both State and civil society actors under the responsibility of the State. Such measures include:] [Social policy measures to reduce risk and prevent violence against children, for example:] Child-friendly cities planning;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Social & Cultural Rights
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
The right to social security (Art. 9) 2007, para. 27
- Paragraph text
- Benefits should be provided in a timely manner and beneficiaries should have physical access to the social security services in order to access benefits and information, and make contributions where relevant. Particular attention should be paid in this regard to persons with disabilities, migrants, and persons living in remote or disaster-prone areas, as well as areas experiencing armed conflict, so that they, too, can have access to these services.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- Persons on the move
- Persons with disabilities
- Année
- 2007
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.
- Status juridique
- Non-negotiated soft law
- 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.
- Status juridique
- Non-negotiated soft law
- 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 right of the child to freedom from all forms of violence 2011, para. 42a (iii)
- Paragraph text
- [Administrative measures should reflect governmental obligations to establish policies, programmes, monitoring and oversight systems required to protect the child from all forms of violence. These include:] [At the national and sub-national government levels:] Ensuring that the process of decentralizing services safeguards their quality, accountability and equitable distribution;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
The Role of Independent National Human Rights Institutions in the Protection and Promotion of the Rights of the Child 2002, para. 19t
- Paragraph text
- [The following is an indicative, but not exhaustive, list of the types of activities which NHRIs should carry out in relation to the implementation of children's rights in light of the general principles of the Convention. They should:] Undertake such other activities as are incidental to the above.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2002
Paragraphe
The right to inclusive education 2016, para. 19
- Paragraph text
- Paragraph 2 (b) requires that persons with disabilities can access inclusive, quality and free primary and secondary education and ensure a smooth transition between the two on an equal basis with others in the communities where they live. The Committee draws on the interpretation by the Committee on Economic, Social and Cultural Rights (CESCR) that to fulfil this obligation, the education system must comprise the four following interrelated features.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
Paragraphe
General Measures of Implementation of the Convention of the Rights of the Child 2003, para. 23
- Paragraph text
- The Committee encourages all States parties to enact and implement within their jurisdiction legal provisions that are more conducive to the realization of the rights of the child than those contained in the Convention, in the light of article 41. The Committee emphasizes that the other international human rights instruments apply to all persons below the age of 18 years.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2003
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 53
- Paragraph text
- The right of a person to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority (art. 22, para. 4), includes the right to seek a stay of the decision of expulsion pending review of the said decision. While a stay of decision does not regularize the status of the person concerned for the time of the proceedings, it prevents the State party from expelling him or her before a final decision is rendered. In accordance with article 83 of the Convention, States parties are obliged to provide an effective remedy, including the right to review by a competent authority for migrant workers and their family members, whose rights and freedoms as recognized in the Convention have been violated. The Committee notes that migrant workers and members of their families must be given adequate time and facilities to pursue such a remedy against expulsion so as to ensure the effectiveness of their right to review. Such facilities should include the right to legal assistance and the assistance of an interpreter, if necessary, and be free of charge, if the circumstances of the case so require. The competent authority reviewing the decision of expulsion should ideally be a court. The right to appeal expulsion under article 22, paragraph 4, of the Convention may only be restricted for "compelling reasons of national security".
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Treatment of Unaccompanied and Separated Children Outside Their Country of Origin 2005, para. 76
- Paragraph text
- Unaccompanied or separated children recognized as refugees and granted asylum do not only enjoy rights under the 1951 Refugee Convention, but are also entitled to the fullest extent to the enjoyment of all human rights granted to children in the territory or subject to the jurisdiction of the State, including those rights which require a lawful stay in the territory.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Children
- Persons on the move
- Année
- 2005
Paragraphe
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 15
- Paragraph text
- The Committee stresses the importance of the family environment, including the members of the extended family and community or other persons legally responsible for the child or adolescent (arts. 5 and 18). While most adolescents grow up in well functioning family environments, for some the family does not constitute a safe and supportive milieu.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Adolescents
- Children
- Families
- Année
- 2003
Paragraphe
The right to inclusive education 2016, para. 61a
- Paragraph text
- [A comprehensive and co-ordinated legislative and policy framework for inclusive education must be introduced, together with a clear and adequate time frame for implementation and sanctions for violations. It must address issues of flexibility, diversity and equality in all educational institutions for all learners, and identify responsibilities at all levels of government. Key elements will include:] Compliance with international human rights standards.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2016
Paragraphe
State obligations regarding the impact of the business sector on children’s rights 2013, para. 45a
- Paragraph text
- [Measures to prevent the infringement of children's rights by business enterprises when they are operating abroad include:] Making access to public finance and other forms of public support, such as insurance, conditional on a business carrying out a process to identify, prevent or mitigate any negative impacts on children's rights in their overseas operations;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
HIV/AIDS and the rights of the children 2003, para. 36
- Paragraph text
- Girls and boys who are deprived of the means of survival and development, particularly children orphaned by AIDS, may be subjected to sexual and economic exploitation in a variety of ways, including the exchange of sexual services or hazardous work for money to survive, support their sick or dying parents and younger siblings, or to pay for school fees. Children who are infected or directly affected by HIV/AIDS may find themselves at a double disadvantage - experiencing discrimination on the basis of both their social and economic marginalization and their, or their parents', HIV status. Consistent with the right of children under articles 32, 34, 35 and 36 of the Convention, and in order to reduce children's vulnerability to HIV/AIDS, States parties are under obligation to protect children from all forms of economic and sexual exploitation, including ensuring they do not fall prey to prostitution networks, and that they are protected from performing any work likely to be prejudicial to, or to interfere with, their education, health, or physical, mental, spiritual, moral or social development. States parties must take bold action to protect children from sexual and economic exploitation, trafficking and sale and, consistent with the rights under article 39, create opportunities for those who have been subjected to such treatment to benefit from the support and caring services of the State and non governmental entities engaged in these issues.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Violence
- Personnes concernées
- Boys
- Children
- Girls
- Année
- 2003
Paragraphe
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 3
- Paragraph text
- The Committee is particularly concerned about the difficulties faced by particular categories of children in relation to enjoyment and conditions of equality of the rights defined in article 31, especially girls, poor children, children with disabilities, indigenous children, children belonging to minorities, among others.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Children
- Ethnic minorities
- Girls
- Année
- 2013
Paragraphe
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 74
- Paragraph text
- States should demonstrate their commitment to progressive fulfilment of all obligations under article 24, prioritizing this even in the context of political or economic crisis or emergency situations. This requires that children's health and related policies, programmes and services be planned, designed, financed and implemented in a sustainable manner.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Children’s rights in juvenile justice 2007, para. 67
- Paragraph text
- The Committee also recommends that the States parties introduce rules which would allow for an automatic removal from the criminal records of the name of the child who committed an offence upon reaching the age of 18, or for certain limited, serious offences where removal is possible at the request of the child, if necessary under certain conditions (e.g. not having committed an offence within two years after the last conviction).
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
Children’s rights in juvenile justice 2007, para. 89
- Paragraph text
- [The Committee wishes to emphasize that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:] Independent and qualified inspectors should be empowered to conduct inspections on a regular basis and to undertake unannounced inspections on their own initiative; they should place special emphasis on holding conversations with children in the facilities, in a confidential setting.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
The rights of children with disabilities 2007, para. 9a
- Paragraph text
- [In general, States parties in their efforts to prevent and eliminate all forms of discrimination against children with disabilities should take the following measures:] Include explicitly disability as a forbidden ground for discrimination in constitutional provisions on non-discrimination and/or include specific prohibition of discrimination on the ground of disability in specific anti-discrimination laws or legal provisions.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2007
Paragraphe
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 41
- Paragraph text
- Beliefs that potions containing body parts of persons with albinism can help with relationship problems or restore peace in the family also exist. Further, it is believed that when used in a fragrance, hairs of persons with albinism can be useful for women who want to seduce white men, or for keeping employment. The use for good luck of perfumes or soaps made with body parts of persons with albinism was also reported.
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Health
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
The right to inclusive education 2016, para. 8
- Paragraph text
- According to article 24, paragraph 1, States parties must ensure the realization of the right of persons with disabilities to education through an inclusive education system at all levels, including pre-schools, primary, secondary and tertiary education, vocational training and lifelong learning, extracurricular and social activities, and for all students, including persons with disabilities, without discrimination and on equal terms with others.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 57b
- Paragraph text
- [Effective procedures. Such protective measures as mentioned in article 19, paragraphs 1 and 2, and as integrated into a systems-building approach (see para. 71), require "effective procedures" to ensure their enforcement, quality, relevance, accessibility, impact and efficiency. Such procedures should include:] The development and implementation of systematic and ongoing data collection and analysis;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
General Measures of Implementation of the Convention of the Rights of the Child 2003, para. 4
- Paragraph text
- Also under article 3, paragraph 2, "States Parties undertake to ensure the child such protection and care as is necessary for his or her well-being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures."
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Families
- Année
- 2003
Paragraphe
Women and girls with disabilities 2016, para. 29
- Paragraph text
- Women with disabilities are at heightened risk of violence, exploitation and abuse compared to the broader population of women. Violence may be interpersonal, institutional and/or structural in nature. Institutional and/or structural violence is any form of structural inequality or institutional discrimination that maintains a woman in a subordinate position, whether physical or ideological, with regard to other people within her family , household or community.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Girls
- Persons with disabilities
- Women
- Année
- 2016
Paragraphe
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 64
- Paragraph text
- In case of separation, the State must guarantee that the situation of the child and his or her family has been assessed, where possible, by a multidisciplinary team of well-trained professionals with appropriate judicial involvement, in conformity with article 9 of the Convention, ensuring that no other option can fulfil the child's best interests.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2013
Paragraphe
Implementing child rights in early childhood 2006, para. 29a
- Paragraph text
- In providing appropriate assistance to parents in the performance of their child rearing responsibilities (art. 18.2), States parties should take all appropriate measures to enhance parents' understanding of their role in their children's early education, encourage child rearing practices which are child centred, encourage respect for the child's dignity and provide opportunities for developing understanding, self esteem and self confidence;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Families
- Année
- 2006
Paragraphe
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 83
- Paragraph text
- Private health insurance companies should ensure that they do not discriminate against pregnant women, children or mothers on any prohibited grounds and that they promote equality through partnerships with State health insurance schemes based on the principle of solidarity and ensuring that inability to pay does not restrict access to services.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Infants
- Women
- Année
- 2013
Paragraphe
Children’s rights in juvenile justice 2007, para. 89
- Paragraph text
- [The Committee wishes to emphasize that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:] Every child of compulsory school age has the right to education suited to his/her needs and abilities, and designed to prepare him/her for return to society; in addition, every child should, when appropriate, receive vocational training in occupations likely to prepare him/her for future employment;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 16c
- Paragraph text
- [For the purposes of the present joint general recommendation/general comment, practices should meet the following criteria to be regarded as harmful:] They are traditional, re-emerging or emerging practices that are prescribed and/or kept in place by social norms that perpetuate male dominance and inequality of women and children, on the basis of sex, gender, age and other intersecting factors;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Women
- Année
- 2014
Paragraphe
The rights of children with disabilities 2007, para. 43f
- Paragraph text
- [In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as:] Ensure that institutions providing care for children with disabilities are staffed with specially trained personnel, subject to appropriate standards, regularly monitored and evaluated, and have accessible and sensitive complaint mechanisms;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2007
Paragraphe
Adolescent health and development in the context of the Convention of the Rights of the Child 2003, para. 5
- Paragraph text
- As recognized by the World Conference on Human Rights (1993) and repeatedly stated by the Committee, children's rights too are indivisible and interrelated. In addition to articles 6 and 24, other provisions and principles of the Convention are crucial in guaranteeing that adolescents fully enjoy their right to health and development.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Adolescents
- Children
- Année
- 2003
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 57a
- Paragraph text
- [Effective procedures. Such protective measures as mentioned in article 19, paragraphs 1 and 2, and as integrated into a systems-building approach (see para. 71), require "effective procedures" to ensure their enforcement, quality, relevance, accessibility, impact and efficiency. Such procedures should include:] Inter-sectoral coordination, mandated by protocols and memorandums of understanding as necessary;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 30b
- Paragraph text
- [Article 16, paragraph 7, provides for the right of migrant workers who are deprived of their liberty to communicate with the consular or diplomatic authorities of their State of origin or those of a State representing the interests thereof. It also requires State parties to:] Facilitate any communication between the person concerned and the said authorities;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
Women and girls with disabilities 2016, para. 12
- Paragraph text
- Article 6 is a cross-cutting article related to all articles of the Convention to remind States parties to include the rights of women and girls with disabilities in all actions aimed at implementing the Convention. In particular, positive action measures need to be taken in order to ensure that women with disabilities are protected against multiple discrimination and can enjoy human rights and fundamental freedoms on an equal basis with others.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Girls
- Persons with disabilities
- Women
- Année
- 2016
Paragraphe
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 49
- Paragraph text
- Determining what is in the best interests of the child should start with an assessment of the specific circumstances that make the child unique. This implies that some elements will be used and others will not, and also influences how they will be weighted against each other. For children in general, assessing best interests involves the same elements.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 25
- Paragraph text
- Article 24: Not only does the realization of the rights provided for in article 31 contribute to the health, well-being and development of children, but also appropriate provision for children to enjoy the rights under article 31 when they are ill and/or hospitalized will play an important role in facilitating their recovery.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 79
- Paragraph text
- All health service providers, including non-State actors, must incorporate and apply to the design, implementation and evaluation of their programmes and services all relevant provisions of the Convention, as well as the criteria of availability, accessibility, acceptability and quality, as described in chapter VI, section E, of the present general comment.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Children’s rights in juvenile justice 2007, para. 76
- Paragraph text
- The Committee recommends the few States parties that have not done so yet to abolish the death penalty for all offences committed by persons below the age of 18 years and to suspend the execution of all death sentences for those persons till the necessary legislative measures abolishing the death penalty for children have been fully enacted. The imposed death penalty should be changed to a sanction that is in full conformity with CRC.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
Children’s rights in juvenile justice 2007, para. 94
- Paragraph text
- In addition, specialized services such as probation, counselling or supervision should be established together with specialized facilities including for example day treatment centres and, where necessary, facilities for residential care and treatment of child offenders. In this juvenile justice system, an effective coordination of the activities of all these specialized units, services and facilities should be promoted in an ongoing manner.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Health
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
The rights of children with disabilities 2007, para. 43e
- Paragraph text
- [In addressing the issue of violence and abuse, States parties are urged to take all necessary measures for the prevention of abuse of and violence against children with disabilities, such as:] Ensure that schools take all measures to combat school bullying and pay particular attention to children with disabilities providing them with the necessary protection while maintaining their inclusion into the mainstream education system;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Violence
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2007
Paragraphe
The right to sexual and reproductive health (Art. 12) 2016, para. 44
- Paragraph text
- States are obliged to ensure that adolescents have full access to appropriate information on sexual and reproductive health, including family planning and contraceptives, the dangers of early pregnancy and the prevention and treatment of sexually transmitted diseases, including HIV/AIDS, regardless of their marital status and whether their parents or guardians consent, with respect for their privacy and confidentiality.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Adolescents
- Année
- 2016
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 70
- Paragraph text
- Different starting points. The Committee acknowledges that protecting children from all forms of violence is highly challenging in most countries and that States parties are designing and implementing measures from very different starting points, in terms of existing legal, institutional and service infrastructures, cultural customs and professional competencies, as well as levels of resources.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
General Measures of Implementation of the Convention of the Rights of the Child 2003, para. 12
- Paragraph text
- Article 12: the child's right to express his or her views freely in "all matters affecting the child", those views being given due weight. This principle, which highlights the role of the child as an active participant in the promotion, protection and monitoring of his or her rights, applies equally to all measures adopted by States to implement the Convention.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2003
Paragraphe
Rights of migrant workers in an irregular situation and members of their families 2013, para. 47
- Paragraph text
- With regard to article 17, paragraph 8, the Committee considers that detention "for the purpose of verifying any infraction of provisions related to migration" covers the entire duration of administrative detention, and that, consequently, migrant workers and members of their families subjected to administrative detention shall not bear any costs arising therefrom.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on Migrant Workers
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Movement
- Personnes concernées
- Families
- Persons on the move
- Année
- 2013
Paragraphe
The right of the child to have his or her best interest taken as a primary consideration 2013, para. 89
- Paragraph text
- A vital element of the process is communicating with children to facilitate meaningful child participation and identify their best interests. Such communication should include informing children about the process and possible sustainable solutions and services, as well as collecting information from children and seeking their views.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Children’s rights in juvenile justice 2007, para. 15
- Paragraph text
- A comprehensive policy for juvenile justice must deal with the following core elements: the prevention of juvenile delinquency; interventions without resorting to judicial proceedings and interventions in the context of judicial proceedings; the minimum age of criminal responsibility and the upper age-limits for juvenile justice; the guarantees for a fair trial; and deprivation of liberty including pretrial detention and post-trial incarceration.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 90
- Paragraph text
- Accountability is at the core of the enjoyment of children's right to health. The Committee reminds the State party of their obligations to ensure that relevant government authorities and service providers are held accountable for maintaining the highest possible standards of children's health and health care until they reach 18 years of age.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Children’s rights in juvenile justice 2007, para. 89
- Paragraph text
- [The Committee wishes to emphasize that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:] Every child has the right to be examined by a physician upon admission to the detention/correctional facility and shall receive adequate medical care throughout his/her stay in the facility, which should be provided, where possible, by health facilities and services of the community;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Health
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
Harmful practices (joint General Recommendation with CEDAW) 2014, para. 26
- Paragraph text
- While many States parties have chosen to ban polygamy, it continues to be practised in some countries, whether legally or illegally. Although throughout history polygamous family systems have been functional in some agricultural societies as a way of ensuring larger labour forces for individual families, studies have shown that polygamy actually often results in increased poverty in the family, especially in rural areas.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Harmful Practices
- Personnes concernées
- Families
- Année
- 2014
Paragraphe
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 31
- Paragraph text
- This seems to be a historical trend, as the nineteenth century Scottish missionary David Livingstone described the killing of a young boy with albinism by his mother: "the mother is said to have become tired of living apart from the father, who refused to have her while she retained their son. She took him out one day, and killed him close to the village of Mabotsa, and nothing was done to her by the authorities".
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Harmful Practices
- Personnes concernées
- Youth
- Année
- 2016
Paragraphe
Children’s rights in juvenile justice 2007, para. 22
- Paragraph text
- Two kinds of interventions can be used by the State authorities for dealing with children alleged as, accused of, or recognized as having infringed the penal law: measures without resorting to judicial proceedings and measures in the context of judicial proceedings. The Committee reminds States parties that utmost care must be taken to ensure that the child's human rights and legal safeguards are thereby fully respected and protected.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2007
Paragraphe
The right of the child to the enjoyment of the highest attainable standard of health 2013, para. 119
- Paragraph text
- The Committee strongly encourages States to put in place functional and accessible complaints mechanisms for children that are community-based and render it possible for children to seek and obtain reparations when their right to health is violated or at risk. States should also provide for broad rights of legal standing, including class actions.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Année
- 2013
Paragraphe
Children’s rights in juvenile justice 2007, para. 89
- Paragraph text
- [The Committee wishes to emphasize that, inter alia, the following principles and rules need to be observed in all cases of deprivation of liberty:] The staff of the facility should promote and facilitate frequent contacts of the child with the wider community, including communications with his/her family, friends and other persons or representatives of reputable outside organizations, and the opportunity to visit his/her home and family;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2007
Paragraphe
Activities of the Working Group 2016, para. 29
- Paragraph text
- Racial stereotyping of people of African descent is taking place around the world and must be addressed as an unacceptable phenomenon. Stereotypes are the result of limited knowledge, misinterpretations, shortcomings of education and the negative portrayal of people of African descent in the media and works of art. For example, people of African descent are rarely present in films, and when they are present have secondary or supporting roles only.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group of experts on people of African descent
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Preliminary survey on the root causes of attacks and discrimination against persons with albinism 2016, para. 40
- Paragraph text
- There is a witchcraft belief that the screams of a victim being attacked for muti or juju enhance the power of the body parts; hence victims are often hacked while alive. In addition, there is a witchcraft belief that the greater the innocence of the victim whose body parts are being used, the greater the potency of the potion or amulet. This renders children, already vulnerable to attacks, a preferred target.
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Harmful Practices
- Violence
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 26
- Paragraph text
- The implementation of the rights of the child requires close attention to all four stages of the public budget process: planning, enacting, executing and follow-up. The rights of all children should be given consideration by States parties throughout the budget process, in accordance with the general principles of the Convention and the budget principles outlined in the present general comment.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
Indigenous children and their rights under the Convention 2009, para. 42
- Paragraph text
- Therefore, States parties should take special measures in order to ensure that indigenous children, including those living in remote areas, are duly registered. Such special measures, to be agreed following consultation with the communities concerned, may include mobile units, periodic birth registration campaigns or the designation of birth registration offices within indigenous communities to ensure accessibility.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Children
- Ethnic minorities
- Année
- 2009
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 82f
- Paragraph text
- [Pre-budget statements and budget proposals convey essential information about how a State plans to meet its child rights obligations. States parties should use their pre-budget statements and budget proposals to:] Present financial data and explanatory text regarding the past, present and forecasted resources available for spending on the rights of the child, as well as actual expenditures;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
The right of the child to be heard 2009, para. 34
- Paragraph text
- A child cannot be heard effectively where the environment is intimidating, hostile, insensitive or inappropriate for her or his age. Proceedings must be both accessible and child appropriate. Particular attention needs to be paid to the provision and delivery of child friendly information, adequate support for self-advocacy, appropriately trained staff, design of court rooms, clothing of judges and lawyers, sight screens, and separate waiting rooms.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
Indigenous children and their rights under the Convention 2009, para. 2
- Paragraph text
- Article 30 of the Convention states that "In those States in which ethnic, religious, or linguistic minorities or persons of indigenous origin exist, a child belonging to such a minority or who is indigenous shall not be denied the right, in community with other members of his or her group, to enjoy his or her own culture, to profess and practise his or her own religion or to use his or her own language."
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Personnes concernées
- Children
- Ethnic minorities
- Année
- 2009
Paragraphe
Vision for the mandate 2016, para. 45a
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Effective protection of persons with albinism and members of their families;
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Families
- Année
- 2016
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 44
- Paragraph text
- To achieve budgets that contribute to positive outcomes in terms of children's enjoyment of their rights, States parties are required to address inequalities among children by reviewing and revising relevant legislation, policies and programmes, by increasing or reprioritizing certain parts of the budget, or improving the effectiveness, efficiency and equity of their budgets.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 39
- Paragraph text
- The question of whether to criminalize acts of witchcraft was examined by Philip Alston. After considering various arguments in favour of criminalization, including that local customs should be reflected in national law; that criminal law should protect against all types of violence, including violence committed by occult means; and that the failure of criminal law to address such acts leads individuals to take the law into their own hands to achieve what is popularly considered to be a just and fair result, he concluded that the weight of the arguments against criminalization was superior. Criminalization would reinforce the social stigmatization of those accused, and such a prohibition of witchcraft might be socially perceived as providing legitimacy to the killing and ill-treatment of alleged witches. In addition, the very subjective nature of witchcraft, illustrated by the difficulty of finding a clear definition of the concept and the impossibility of identifying objective factors as evidence to be weighed in a court of law were sufficient bases on which to conclude that acts of witchcraft as such should not be criminalized. This does not mean that criminal action becomes legitimate when committed for witchcraft purposes, but rather that a licit action should not be considered a criminal act because it is conducted for witchcraft purposes. Objective criminal acts should be prosecuted, regardless of their (mere or inextricable) link to witchcraft.
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Année
- 2017
Paragraphe
The right of the child to be heard 2009, para. 56
- Paragraph text
- Article 21 of the Convention states that the best interests of the child shall be the paramount consideration. In decisions on adoption, kafalah or other placement, the "best interests" of the child cannot be defined without consideration of the child's views. The Committee urges all States parties to inform the child, if possible, about the effects of adoption, kafalah or other placement, and to ensure by legislation that the views of the child are heard.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 72
- Paragraph text
- Second are the inherent limits of self-regulation, weak law enforcement and the absence of a far-reaching oversight mechanism for both urban and rural areas. Further, self-regulation by organizations of traditional healers have done little to prevent purported practitioners of traditional medicine from establishing themselves on their own, with no oversight at all. Weak enforcement of government licensing systems has also led to similar situations.
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Harmful Practices
- Health
- Année
- 2017
Paragraphe
The right of the child to be heard 2009, para. 110
- Paragraph text
- Steady participation of children in decision-making processes should be achieved through, inter alia, class councils, student councils and student representation on school boards and committees, where they can freely express their views on the development and implementation of school policies and codes of behaviour. These rights need to be enshrined in legislation, rather than relying on the goodwill of authorities, schools and head teachers to implement them.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 31b
- Paragraph text
- [Violence through information and communications technologies. Child protection risks in relation to ICT comprise the following overlapping areas:] The process of taking, making, permitting to take, distributing, showing, possessing or advertising indecent photographs or pseudophotographs ("morphing") and videos of children and those making a mockery of an individual child or categories of children;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 21a
- Paragraph text
- [Mental violence. "Mental violence", as referred to in the Convention, is often described as psychological maltreatment, mental abuse, verbal abuse and emotional abuse or neglect and this can include:] All forms of persistent harmful interactions with the child, for example, conveying to children that they are worthless, unloved, unwanted, endangered or only of value in meeting another's needs;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
Access to rights-based support for persons with disabilities 2017, para. 77
- Paragraph text
- Since the adoption of the Convention, it is encouraging to note that many countries, including Argentina, Costa Rica, Czechia and Ireland, have revised their legal frameworks to recognize the right of persons with disabilities to access support to exercise legal capacity. In order to uphold a real paradigm shift, the implementation of supported decision-making systems must be accompanied by the abolishment of all substitute decision-making regimes.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights of persons with disabilities
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Persons with disabilities
- Année
- 2017
Paragraphe
The rights of children with disabilities 2007, para. 69
- Paragraph text
- Career development and vocational skills should be included in the school curriculum. Career awareness and vocational skills should be incorporated into the years of compulsory education. In countries where compulsory education does not go beyond the elementary school years, vocational training beyond elementary school should be mandatory for children with disabilities. Governments must establish policies and allocate sufficient funds for
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Personnes concernées
- Children
- Persons with disabilities
- Année
- 2007
Paragraphe
Vision for the mandate 2016, para. 45e
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Increased education and public awareness-raising activities;
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 73
- Paragraph text
- The Committee emphasizes the importance of States parties making cost estimates of proposed legislation, policies and programmes that affect children, in order to ascertain the level of financial resources needed and to enable budget planners and the relevant decision makers in the executive and the legislature to make informed decisions on the resources needed for their implementation.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 64
- Paragraph text
- In 2016, the Independent Expert, in collaboration with regional human rights mechanisms, launched a process towards the development of a regional action plan to address attacks against persons with albinism in sub-Saharan Africa. The action plan seeks to identify concrete measures for implementing recommendations made by various human rights and other bodies and to translate them into a concrete road map for action with time-bound measures.
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 89
- Paragraph text
- For the oversight role of legislatures to serve the best interests of children, members of legislative bodies and their committees should have the authority to question, review and, where necessary, request amendments to budget proposals, to ensure that they advance the rights of the child in a way that is consistent with the general principles of the Convention and the budget principles.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
The right of the child to be heard 2009, para. 76
- Paragraph text
- In particular, the Committee notes with concern that, in some societies, customary attitudes and practices undermine and place severe limitations on the enjoyment of this right. States parties shall take adequate measures to raise awareness and educate the society about the negative impact of such attitudes and practices and to encourage attitudinal changes in order to achieve full implementation of the rights of every child under the Convention.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Harmful Practices
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
The implementation of the rights of the child during adolescence 2016, para. 39
- Paragraph text
- States should review or introduce legislation recognizing the right of adolescents to take increasing responsibility for decisions affecting their lives. The Committee recommends that States introduce minimum legal age limits, consistent with the right to protection, the best interests principle and respect for the evolving capacities of adolescents. For example, age limits should recognize the right to make decisions in respect of health services or treatment, consent to adoption, change of name or applications to family courts. In all cases, the right of any child below that minimum age and able to demonstrate sufficient understanding to be entitled to give or refuse consent should be recognized. The voluntary and informed consent of the adolescent should be obtained whether or not the consent of a parent or guardian is required for any medical treatment or procedure. Consideration should also be given to the introduction of a legal presumption that adolescents are competent to seek and have access to preventive or time-sensitive sexual and reproductive health commodities and services. The Committee emphasizes that all adolescents have the right to have access to confidential medical counselling and advice without the consent of a parent or guardian, irrespective of age, if they so wish. This is distinct from the right to give medical consent and should not be subject to any age limit.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Adolescents
- Children
- Families
- Année
- 2016
Paragraphe
Accessibility 2014, para. 7
- Paragraph text
- The World Report on Disability Summary, published in 2011 by the World Health Organization and the World Bank within the framework of the largest consultation ever and with the active involvement of hundreds of professionals in the field of disability, stresses that the built environment, transport systems and information and communication are often inaccessible to persons with disabilities (p. 10). Persons with disabilities are prevented from enjoying some of their basic rights, such as the right to seek employment or the right to health care, owing to a lack of accessible transport. The level of implementation of accessibility laws remains low in many countries and persons with disabilities are often denied their right to freedom of expression owing to the inaccessibility of information and communication. Even in countries where sign language interpretation services exist for deaf persons, the number of qualified interpreters is usually too low to meet the increasing demand for their services, and the fact that the interpreters have to travel individually to clients makes the use of their services too expensive. Persons with intellectual and psychosocial disabilities as well as deaf-blind persons face barriers when attempting to access information and communication owing to a lack of easy-to-read formats and augmentative and alternative modes of communication. They also face barriers when attempting to access services due to prejudices and a lack of adequate training of the staff providing those services.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
Paragraphe
The right of persons with disabilities to participate in decision-making 2016, para. 44
- Paragraph text
- It is of concern that, in some countries, representative organizations of persons with disabilities that are truly independent lack a real space for operation and participation, whereas government-sponsored organizations can operate freely. States must refrain from requiring a legal entity to be established or an organization for persons with disabilities to be registered as a precondition to the exercise of freedom of association.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights of persons with disabilities
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Persons with disabilities
- Année
- 2016
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 16
- Paragraph text
- The objective also has implications for other stakeholders in the budget process, such as national human rights institutions, the media, children, families and civil society organizations. States parties should, in ways appropriate to their contexts, provide enabling environments for the active monitoring and meaningful participation of such stakeholders in the budget process.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Families
- Année
- 2016
Paragraphe
Vision for the mandate 2016, para. 45c
- Paragraph text
- [The Independent Expert intends to identify and consolidate the measures to end and prevent attacks to persons with albinism in consultation with States, civil society, international and regional bodies and agencies as well as other stakeholders. The specific measures identified will be based on those already identified, particularly those adopted by the African Commission on Human and Peoples' Rights, namely:] Prosecution of perpetrators of attacks against persons with albinism;
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 50
- Paragraph text
- The Committee acknowledges that investment in early childhood development has a positive impact on children's ability to exercise their rights, breaks poverty cycles and brings high economic returns. Underinvestment in children in their early years can be detrimental to cognitive development and can reinforce existing deprivations, inequalities and intergenerational poverty.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 46b
- Paragraph text
- [Accordingly, to be regarded as harmful, practices should meet any or a combination of the following criteria:] They constitute discrimination against women or children and are harmful insofar as they result in negative consequences for them as individuals or groups, including physical, psychological, economic and social harm and/or violence and limitations on their capacity to participate fully in society or develop and reach their full potential;
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Children
- Women
- Année
- 2017
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 84b
- Paragraph text
- [Clear budget classification systems provide a basis for States and other entities to monitor how budget allocations and actual expenditures affecting children are managed in relation to the budget principles. This calls for budget lines and codes which, at a minimum, disaggregate all planned, enacted, revised and actual expenditures that directly affect children, by:] Gender;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
The right of persons with disabilities to social protection 2015, para. 8
- Paragraph text
- Moreover, social protection programmes can enhance the productivity, employability and economic development of persons with disabilities and therefore contribute to their income security. Well-designed programmes can help to remove social and economic barriers that impede access to employment, and to secure access to capital and skill development programmes, thus creating better income - earning opportunities for persons with disabilities.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights of persons with disabilities
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Social & Cultural Rights
- Personnes concernées
- Persons with disabilities
- Année
- 2015
Paragraphe
The implementation of the rights of the child during adolescence 2016, para. 26
- Paragraph text
- Certain groups of adolescents may be particularly subject to multiple vulnerabilities and violations of their rights, including discrimination and social exclusion. All measures taken in respect of legislation, policies and programmes focused on adolescents should take into consideration intersecting violations of rights and the compounded negative effects on the adolescents concerned.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Adolescents
- Children
- Année
- 2016
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 7b
- Paragraph text
- [Article 19 in context. The Committee recognizes that:] Article 19 is strongly linked to a broad range of provisions in the Convention beyond those relating directly to violence. In addition to the articles containing the rights identified as principles of the Convention (see section V of the present general comment), implementation of article 19 must be situated in the context of articles 5, 9, 18 and 27;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 21g
- Paragraph text
- [Mental violence. "Mental violence", as referred to in the Convention, is often described as psychological maltreatment, mental abuse, verbal abuse and emotional abuse or neglect and this can include:] Psychological bullying and hazing by adults or other children, including via information and communication technologies (ICTs) such as mobile phones and the Internet (known as "cyberbullying").
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 23
- Paragraph text
- In 2012 and 2013, the Working Group will address the issue of discrimination against women in law and in practice in the context of political and public life, with a focus on times of political transition. The Working Group's research on this topic will inform its annual report to the Human Rights Council in 2013 and the compendium of good practices that it is expected to complete by the end of its three-year mandate.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Women
- Année
- 2012
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 14
- Paragraph text
- The objective of the present general comment is to improve understanding of the obligations under the Convention in relation to budgeting for children's rights so as to strengthen the realization of those rights, and to promote real change in the way budgets are planned, enacted, executed and followed up in order to advance implementation of the Convention and its Optional Protocols.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
Vision for the mandate 2016, para. 40
- Paragraph text
- Yet, there are several effective ways to prevent skin cancer, including the use of sun protection cream, which is topically applied, or wearing sun-protective clothing with long sleeves, wide-brimmed hats and sunglasses. Given the accessibility and effectiveness of protective clothing, skin cancer could be significantly prevented at little cost with the right level of public education and early intervention programmes targeting persons with albinism and their families.
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Families
- Année
- 2016
Paragraphe
The right of the child to be heard 2009, para. 7
- Paragraph text
- The Committee recommends that States parties widely disseminate the present general comment within government and administrative structures as well as to children and civil society. This will necessitate translating it into the relevant languages, making child-friendly versions available, holding workshops and seminars to discuss its implications and how best to implement it, and incorporating it into the training of all professionals working for and with children.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
Witchcraft and the human rights of persons with albinism 2017, para. 29
- Paragraph text
- Although both children and adults are victims of attacks for the removal of body parts, civil society reports that children constitute the majority of victims. The apparent targeting of children is reportedly linked to the pursuit of innocence, which is believed to enhance the potency of the muti or juju. Further, children are more vulnerable to attacks because they are easy to find and capture and do not have the physical strength to fend off attackers.
- Status juridique
- Non-negotiated soft law
- Organe
- Independent Expert on the enjoyment of human rights by persons with albinism
- Type de document
- Special Procedures' report
- Thèmes
- Violence
- Personnes concernées
- Children
- Année
- 2017
Paragraphe
The right of the child to be heard 2009, para. 51
- Paragraph text
- In cases of separation and divorce, the children of the relationship are unequivocally affected by decisions of the courts. Issues of maintenance for the child as well as custody and access are determined by the judge either at trial or through court-directed mediation. Many jurisdictions have included in their laws, with respect to the dissolution of a relationship, a provision that the judge must give paramount consideration to the best interests of the child".
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 105
- Paragraph text
- The Committee emphasizes that States parties, in their year-end reports, should provide comprehensive information on all revenue collected and actual expenditures that affect children's rights. States parties should release user-friendly reports to national and subnational legislatures and make year-end reports and evaluations accessible and publicly available in a timely manner.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Economic Rights
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
The right of the child to be heard 2009, para. 86
- Paragraph text
- In addition to the articles discussed in the preceding paragraphs, most other articles of the Convention require and promote children's involvement in matters affecting them. For these manifold involvements, the concept of participation is ubiquitously used. Unquestionably, the lynchpin of these involvements is article 12, but the requirement of planning, working and developing in consultation with children is present throughout the Convention.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
The right of the child to be heard 2009, para. 132
- Paragraph text
- The Committee urges States parties to avoid tokenistic approaches, which limit children's expression of views, or which allow children to be heard, but fail to give their views due weight. It emphasizes that adult manipulation of children, placing children in situations where they are told what they can say, or exposing children to risk of harm through participation are not ethical practices and cannot be understood as implementing article 12.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 20c
- Paragraph text
- [Neglect or negligent treatment. Neglect means the failure to meet children's physical and psychological needs, protect them from danger, or obtain medical, birth registration or other services when those responsible for children's care have the means, knowledge and access to services to do so. It includes:] Neglect of children's physical or mental health: withholding essential medical care;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Children
- Année
- 2011
Paragraphe
Access to rights-based support for persons with disabilities 2017, para. 27
- Paragraph text
- At the same time, there is a need to recover and acknowledge the personal experience of impairment that informs the support needs that persons with disabilities have in order to participate in society, experiences that may have been rendered marginal in the disability-rights debate. The acceptance of persons with disabilities as part of human diversity should influence the way societies perceive and respond to individuals' support requirements.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights of persons with disabilities
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2017
Paragraphe
Public budgeting for the realization of children’s rights (art. 4) 2016, para. 90a
- Paragraph text
- [States parties should contribute so that members of legislatures are adequately prepared to analyse and debate the impact of budget proposals on all children prior to enacting budget legislation, by seeing that national and subnational legislatures, including relevant legislative committees:] Have access to information about the situation of children that is easy to understand and use;
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2016
Paragraphe
The right of the child to be heard 2009, para. 83
- Paragraph text
- The Committee also reminds States parties that the media are an important means both of promoting awareness of the right of children to express their views, and of providing opportunities for the public expression of such views. It urges various forms of the media to dedicate further resources to the inclusion of children in the development of programmes and the creation of opportunities for children to develop and lead media initiatives on their rights.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2009
Paragraphe
The implementation of the rights of the child during adolescence 2016, para. 47
- Paragraph text
- Access to information encompasses all forms of media but particular attention needs to be given to the digital environment, as adolescents increasingly use mobile technology and as social and digital media become the primary means through which they communicate and receive, create and disseminate information. Adolescents use the online environment, inter alia, to explore their identity, learn, participate, express opinions, play, socialize, engage politically and discover employment opportunities. In addition, the Internet provides opportunities for gaining access to online health information, protective support and sources of advice and counselling and can be utilized by States as a means of communicating and engaging with adolescents. The ability to access relevant information can have a significant positive impact on equality. The recommendations from the days of general discussion on the media in 1996 and 2014 have particular resonance for adolescents. States should adopt measures to ensure that all adolescents have access, without discrimination, to different forms of media and support and promote equal access to digital citizenship, including through the promotion of accessible formats for adolescents with disabilities. Training and support should be provided as part of the basic education curriculum to ensure the development of adolescents' digital, information and media and social literacy skills.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Adolescents
- Children
- Année
- 2016
Paragraphe
Accessibility 2014, para. 25
- Paragraph text
- Accessibility is related to groups, whereas reasonable accommodation is related to individuals. This means that the duty to provide accessibility is an ex ante duty. States parties therefore have the duty to provide accessibility before receiving an individual request to enter or use a place or service. States parties need to set accessibility standards, which must be adopted in consultation with organizations of persons with disabilities, and they need to be specified for service-providers, builders and other relevant stakeholders. Accessibility standards must be broad and standardized. In the case of individuals who have rare impairments that were not taken into account when the accessibility standards were developed or who do not use the modes, methods or means offered to achieve accessibility (not reading Braille, for example), even the application of accessibility standards may not be sufficient to ensure them access. In such cases, reasonable accommodation may apply. In accordance with the Convention, States parties are not allowed to use austerity measures as an excuse to avoid ensuring gradual accessibility for persons with disabilities. The obligation to implement accessibility is unconditional, i.e. the entity obliged to provide accessibility may not excuse the omission to do so by referring to the burden of providing access for persons with disabilities. The duty of reasonable accommodation, contrarily, exists only if implementation constitutes no undue burden on the entity.
- Status juridique
- Non-negotiated soft law
- Organe
- Committee on the Rights of Persons with Disabilities
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2014
Paragraphe
The right of persons with disabilities to participate in decision-making 2016, para. 78
- Paragraph text
- States must consult and engage with representative organizations of persons with disabilities in good faith. This is a basic principle of good governance and international law, as stated in Article 2 (2) of the Charter of the United Nations. The principle of good faith requires parties to deal honestly and fairly with each other, represent their motives and purposes truthfully, and refrain from taking any unfair advantage.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the rights of persons with disabilities
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Persons with disabilities
- Année
- 2016
Paragraphe
Eliminating discrimination against women in political and public life with a focus on political transition 2013, para. 88
- Paragraph text
- Transitional justice mechanisms should provide accountability for gross violations of human rights affecting women, a comprehensive analysis of gender-based violence and abuse by past regimes, the means for transformative reparations for women victims, and the foundation for a gender-responsive reform of the political and legal institutions as part of the guarantee of non-recurrence.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2013
Paragraphe
Annual Report of the WG on Discrimination against Women in Law and in Practice 2012, para. 16
- Paragraph text
- The Working Group on the issue of discrimination against women in law and in practice will incorporate this conceptual framework in developing its dialogue with States and other stakeholders on eliminating discriminatory laws, on implementing and improving existing legislation on equality and human rights, and on ways and means to achieve greater progress on gender equality and women's empowerment.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Women
- Année
- 2012
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 69
- Paragraph text
- The State has an obligation to punish and to put an end to impunity and excuses or justification that perpetuate gender-based discrimination in cultural and family life. The State also has an obligation to afford redress for the harm suffered by women, including by providing for compensation, restitution, guarantees of non-repetition and even preventive measures.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Gender
- Personnes concernées
- Families
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 88
- Paragraph text
- Economically disadvantaged women who do not have the means to access private health care and services are disparately affected by barriers created by unaffordability. It is therefore important for States to ensure that all health care is affordable and to remove legal restrictions that in effect discriminate against women who are economically disadvantaged.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Financing education and update on education in emergencies 2011, para. 7
- Paragraph text
- In accordance with international human rights treaties, States are responsible for providing resources to ensure the enjoyment of human rights. Providing the necessary resources for the enjoyment of the right to education is all the more important, given that the enjoyment of this right is essential for the exercise of all other human rights. It deserves high priority in public investment, as both the individual and society are its beneficiaries.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Sexual education 2010, para. 4
- Paragraph text
- States must ensure that they do not restrict individuals' access to appropriate services and necessary information and must remove social and regulatory barriers to information on sexual and reproductive health and health care, as stated in the Cairo Programme of Action of the International Conference on Population and Development. In any event, the parents and other legal guardians of students must also provide appropriate direction and guidance on sexual and reproductive matters.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Families
- Année
- 2010
Paragraphe
Financing education and update on education in emergencies 2011, para. 22
- Paragraph text
- Through law reforms promoted in the context of the Education for All process, one can witness the emergence of the right to basic education in continuum with the right to primary education in national legal frameworks. As a result, States recognize their duty to guarantee universal access to basic education. The 2009 Commonwealth Heads of Government Meeting, for example, called on all Commonwealth countries to commit further resources to basic education.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2011
Paragraphe
Equality of opportunity in education 2011, para. 49
- Paragraph text
- Other groups vulnerable to limited opportunities in education and requiring targeted support include persons with disabilities, children living in the street or without parental care, migrant workers and their families, refugees, internally displaced persons and those affected by natural disasters or conflict. Moreover, nomad populations, including pastoral populations who remain deprived of equal opportunities in education, deserve special attention, especially in Africa.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- Children
- Persons on the move
- Persons with disabilities
- Année
- 2011
Paragraphe
Report on the Post-2015 Education Agenda 2013, para. 38
- Paragraph text
- A human rights-based approach imparts strength and legitimacy to the development agenda and provides a firm foundation for action at the national level. The adoption of a human rights perspective to the development agenda implies, among other things, a careful screening of national legal instruments that frame educational systems and policies in countries, linking political commitments of Governments to the international obligations under human rights law.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Sexual education 2010, para. 35
- Paragraph text
- That Committee continually calls upon States parties to implement sexual education programmes and has recommended the expansion of sexual and reproductive health programmes as a necessary means of addressing high abortion and maternal mortality rates. It has encouraged States parties to provide systematic sexual education in schools and has specifically called for increased efforts to prevent adolescent pregnancies, including educating children about responsible partnerships and parenthood.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Health
- Personnes concernées
- Adolescents
- Children
- Année
- 2010
Paragraphe
Financing education and update on education in emergencies 2011, para. 24
- Paragraph text
- Some constitutions establish a minimum level of resources that must be committed to education as a proportion of tax revenues. The Constitution of Brazil provides in article 212 that "the Union shall apply annually not less than 18 per cent of its tax revenues, and the States, the Federal District, and Counties at least 25 per cent of the tax revenues, including revenues resulting from transfers, for the maintenance and development of education".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Equality of opportunity in education 2011, para. 55
- Paragraph text
- The lack of support for transportation and inadequate facilities can also be a determinant factor in the exclusion of students with disabilities from education systems. Inadequate public transportation and poor infrastructure in rural and urban areas still impede access to schools for persons with mobility restrictions and those who have impaired vision. Within schools, inadequately built classrooms and toilets can also restrict their use by students with disabilities.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2011
Paragraphe
Report on the Post-2015 Education Agenda 2013, para. 74
- Paragraph text
- As the report of the High-level Panel states, national Governments have the central role and responsibility "to translate the vision and goals of the post-2015 [development] agenda into practical reality" and "local authorities form a vital bridge between national Governments, communities and citizens", who will all have a critical role in a new global partnership. The report also states that each partner in the global partnership has a specific role to play.3
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Privatization and the right to education 2014, para. 76
- Paragraph text
- Public investment in education is all the more important since education, of which both the individual and society are beneficiaries, is a foundation for human development. As the above-mentioned OXFAM briefing paper (see para. 66) has warned, "Developing countries are at the greatest risk of rocketing poverty and inequality due to stagnating public spending on public services", including education, and "Austerity is a medicine that could kill the patient".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Public-private partnerships in education 2015, para. 43
- Paragraph text
- The impact of public-private partnerships on education needs careful consideration. Key issues include: whether it results in public disinvestment in education to the advantage of private sector; whether it is an abdication of State responsibility to meet its obligation to provide quality public education to all its citizens; the repercussions on education as a public good; and whether it is undermining the norms and principles of the right to education.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Public-private partnerships in education 2015, para. 112
- Paragraph text
- It is important that States carefully enforce laws, rules and regulations through monitoring and enforcement. Governments should strengthen national human rights mechanisms or ombudspersons so that they function with a reinforced mandate. Moreover, parliamentarians have a crucial role to play in monitoring public-private partnerships, not only in adopting laws, but also in taking up questions related to the enforcement of laws, rules and regulations.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Lifelong learning and the right to education 2016, para. 36
- Paragraph text
- In addition, the concept was further enriched by the European Commission in its communication on making a European area of lifelong learning a reality. In May 2015, the European Commission announced a sharpened set of priorities for European cooperation in education and training. New priority areas for Education and Training 2020 are underpinned by the lifelong learning concept covering learning in all contexts, whether formal, non-formal or informal, and at all levels.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Lifelong learning and the right to education 2016, para. 88
- Paragraph text
- Under the overall role of State authorities, the social partners as stakeholders have a shared responsibility as regards financial support for providing opportunities for lifelong learning. In the field of technical and vocational education and training, industry partners can share that responsibility, either directly through co-sponsorship of schools or programmes or indirectly by contributing teaching resources, traineeships or job placement programmes.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Eliminating discrimination against women in economic and social life with a focus on economic crisis 2014, para. 89
- Paragraph text
- A disproportionate amount of unpaid care work falls on women, limiting women's capacity to engage in paid work. This is evidenced in empirical studies which show that women, whether or not they are in paid employment, spend between twice to four times the amount of hours on care functions than do men. Up to 90 per cent of home care due to illness is performed by women and girls.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Equality & Inclusion
- Gender
- Health
- Personnes concernées
- Girls
- Women
- Année
- 2014
Paragraphe
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 81
- Paragraph text
- It is important to recall that the use of effective contraception can result in lowering the incidence of unintended pregnancy. However, contraception cannot eliminate women's need for access to termination of pregnancy, for example in the case of rape. In addition, no method of contraception is 100 per cent effective in preventing pregnancy.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Sexual education 2010, para. 64
- Paragraph text
- In the Special Rapporteur's view, sexual education constitutes a domain in which rights are exercised and, consequently, in which they can also be violated. An example of this is the violence suffered by women subjected to genital mutilation, an aberrant practice supposedly justified by tradition that constitutes a terrible act of violence and violation against women, who find themselves invaded and mutilated and whose physical integrity, health and right to pleasure are denied.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Harmful Practices
- Violence
- Personnes concernées
- Women
- Année
- 2010
Paragraphe
Equality of opportunity in education 2011, para. (d)
- Paragraph text
- Establishing minimum quality standards for education: The impact of recent expansion of enrolment in schools in many countries is seriously compromised by the deterioration in the quality of education that schools currently provide. The Special Rapporteur intends to pay attention to the development and implementation of norms for quality education - both for public and private schools - with a focus on improving the conditions of the teaching profession and learning outcomes.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Technical and Vocational Education and Training (TVET) 2012, para. 11
- Paragraph text
- As detailed below, many countries have adopted new laws, policies and strategies, recognizing the empowering role of technical and vocational education and training in people's lives and in socioeconomic development. "The 21st century's need for new skills to match advances in information, communication and technology has initiated the return of TVET to the international agenda", as evidenced by multiple initiatives at national and international levels.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- All
- Année
- 2012
Paragraphe
Justiciability of the right to education 2013, para. 66
- Paragraph text
- Similarly, a recent decision by the Supreme Court of Nepal issued a verdict demanding that educational authorities devise reform programmes to regulate private schools – regulating fees, prohibiting the sale of unregistered and over-priced textbooks, and limiting the number of private schools gaining accreditation. Exorbitant fees charged by private providers of education are causing greater social and economic disparity between working and middle classes.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Assessment of the educational attainment of students 2014, para. 72
- Paragraph text
- A student-centred system of education and evaluation would include a detailed assessment record of each student's progress through the curriculum. While not all students progress at the same rate, a personalized assessment allows teachers, teaching assistants or even student mentors in a higher grade to provide support so that each student completes each module in the curriculum without suffering from the social stigma associated with being held back.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Public-private partnerships in education 2015, para. 64
- Paragraph text
- Policies in the areas of standardized tests and curricula, pedagogy and teacher evaluation are also increasingly being promoted and literally "sold" to Governments in both the global North and South by international institutions and education corporations and foundations, among other private actors. Along with the preparation and supply of learning materials, those policies affect the content and delivery of education, impinging on its very objectives.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Protecting education against commercialization 2015, para. 54
- Paragraph text
- The State remains primarily responsible for education on account of international legal obligations and cannot divest itself of its core public service functions. As the Supreme Court of the United States of America stated in the historic judgement in Brown v. Board of Education (1954), "providing public schools ranks at the very apex of the function of a State" and "education is perhaps the most important function of State and local governments".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Lifelong learning and the right to education 2016, para. 48
- Paragraph text
- The communication of the European Commission on making a European area of lifelong learning a reality reflects social responsibility for lifelong learning. It depicts the roles and responsibilities of various actors: public authorities, social partners, learning providers, community and voluntary groups and individuals. As relevant stakeholders, they should work together in partnerships reflecting "the shared benefits of, and responsibility for, lifelong learning".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Issues and challenges to the right to education in the digital age 2016, para. 80
- Paragraph text
- The Accessible Books Consortium (a multi-stakeholder partnership comprising the World Intellectual Property Organization, organizations that serve people with print disabilities and organizations representing publishers and authors) is converting books into formats to make them available to people who are blind, have low vision or are otherwise print disabled. Such partnerships should be encouraged to ensure human rights in education are met.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Persons with disabilities
- Année
- 2016
Paragraphe
Eliminating discrimination against women in cultural and family life, with a focus on the family as a cultural space 2015, para. 65
- Paragraph text
- The obligation of the State to protect women and girls' right to equality in the family compels the authorities to prevent discrimination by private actors. Due diligence as a principle of State action should result in a global model of prevention, protection, prosecution, punishment and redress for acts of discrimination and violence against women in cultural and family life.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- Families
- Girls
- Women
- Année
- 2015
Paragraphe
Eliminating discrimination against women in the area of health and safety, with a focus on the instrumentalization of women's bodies 2016, para. 78
- Paragraph text
- Criminalization of behaviour that is attributed only to women is discriminatory per se and generates and perpetuates stigma. The threat of criminal punishment restricts women's access to sexual and reproductive health-care services and information and acts as a deterrent to health-care professionals, thus barring women's and girls' access to health-care services.
- Status juridique
- Non-negotiated soft law
- Organe
- Working Group on the issue of discrimination against women in law and practice
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Health
- Personnes concernées
- Girls
- Women
- Année
- 2016
Paragraphe
Sexual education 2010, para. 53
- Paragraph text
- In the Asia-Pacific region, sexual education tends to be provided via subjects such as biology, science and health. All the countries of the region claim that HIV education is included at the secondary level; six of them claim that it is included at the primary level and 13 include it in teacher training. However, in some countries of the region, sexual education is limited to its biological or moral aspects, ignoring the broad range of areas in which it affects people's lives.51
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Gender
- Health
- Personnes concernées
- N.A.
- Année
- 2010
Paragraphe
Financing education and update on education in emergencies 2011, para. 40
- Paragraph text
- The present report focuses only on financing education through public resources. However, it is clear that the private sector can complement State initiatives in providing education by entering into partnerships with Governments for equitably sharing responsibilities. It should, however, be ensured that such partnerships operate within a legal framework that requires full compliance with human rights norms and with standards of quality education.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Technical and Vocational Education and Training (TVET) 2012, para. 69
- Paragraph text
- In most countries, technical and vocational education and training often falls under ministries responsible for education, labour or science, although some specific vocational training programmes (e.g., agriculture, health and transport) fall under the supervision of other line ministries. All concerned ministries and departments should have a role and responsibility for mobilizing resources for technical and vocational education and training.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
Justiciability of the right to education 2013, para. 46
- Paragraph text
- The Supreme Court of India has interpreted the provisions on equality before the law in article 14 of India’s Constitution to promote equality in both law and fact. A Constitutional Bench of the Indian Supreme Court held that “What is fundamental, as an enduring value of our polity, is guarantee to each of equal opportunity to unfold the full potential of his personality”. Several other cases show how equality of opportunity in education can be safeguarded by courts.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Assessment of the educational attainment of students 2014, para. 67
- Paragraph text
- National assessment systems should evaluate how human rights values and knowledge have been acquired by students. Performance tests should be devised to assess the extent to which students have incorporated those values into their understanding, commitment and day-to-day behaviour patterns. This constitutes a response to rising levels of violence in many schools, a phenomenon which deserves consideration in assessing school-based evaluations.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Public-private partnerships in education 2015, para. 57
- Paragraph text
- Many examples of philanthropy exist. For example, the Azim Premji Foundation in India cooperates with the Government in expanding education opportunities in the country. The Fondation nationale des sciences politiques in France is another example of public-private partnerships in education serving the public purpose. Engaged in imparting quality and excellence in education, it also involves private support, serving education as a social cause rather than a commercial pursuit.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Protecting education against commercialization 2015, para. 38
- Paragraph text
- Promoting for-profit education, the International Finance Corporation considers laws as financial hurdles and provides guidance to private providers of education to be "very profitable and flourishing enterprises". This is blatantly disrespectful of the human rights obligations of international bodies, including the World Bank, as described in general comment No. 13 (1999) on the right to education of the Committee on Economic, Social and Cultural Rights.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2015
Paragraphe
Lifelong learning and the right to education 2016, para. 43
- Paragraph text
- By the end of the 1980s, the idea of a "right to learn" emerged as distinct from that of the "right to education". The Fourth International Conference on Adult Education, held in Paris in 1985, adopted a declaration on the right to learn. Its importance was underlined by the fifth International Conference on Adult Education (Hamburg, 1997), which declared that "the recognition of the right to education and the right to learn throughout life is more than ever a necessity".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Lifelong learning and the right to education 2016, para. 95
- Paragraph text
- A cost-sharing approach makes good sense under the principle that those who benefit should also pay. Learners will be motivated to make better choices when they are required to contribute to the cost of their education and training. Technical and vocational education and training programmes that provide learners with the skills needed by industry and for gainful employment can be so devised as to allow learners to repay their education and training costs.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Education
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Equality of opportunity in education 2011, para. (e)
- Paragraph text
- Regulating private education: Private, religious or community schools comprise an important proportion of education systems around the world. With the limited capacity of public systems in some countries, private schools become the dominant source of education. The Special Rapporteur intends to examine standards and mechanisms that ensure all non-public educational entities comply with standards of human rights law and the objectives of human rights generally.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2011
Paragraphe
Normative action for quality education 2012, para. 33
- Paragraph text
- In 2002, the Global Partnership for Education, comprised of donors and developing countries, was launched as the Education For All Fast Track Initiative (FTI) to ensure accelerated progress towards universal primary education by 2015 and other EFA goals. The initiative proposes indicative international standards, such as an average pupil-teacher ratio of 40:1; annual instruction time of 850-1,000 hours and an average teacher salary of 3.5 x GDP per capita.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
Privatization and the right to education 2014, para. 34
- Paragraph text
- A number of scholars have critically examined the neoliberal model of schooling, which is characterized by "State withdrawal in favour of privatization" with "market-anchored conceptions of schooling" and engineers and legitimizes a departure from decades of the welfare State. Civil society organizations have also expressed concern about the profound impact of privatization in education globally as a key emerging issue regarding the realization of the right to education.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2014
Paragraphe
Public-private partnerships in education 2015, para. 35
- Paragraph text
- In its resolution 1.1 on privatization and commercialization in and of education, the seventh World Congress of Education International, held in Ottawa in July 2015, deplored the fact that, in many countries, Governments had abrogated their core responsibility to ensure the right to education for all through a fully accountable free, quality public education system and were increasingly turning to partnering with, or subsidizing, private actors to deliver education.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2015
Paragraphe
Public-private partnerships in education 2015, para. 67
- Paragraph text
- Qualified and trained teachers are essential for ensuring quality. As recognized in the joint UNESCO-International Labour Organization recommendation concerning the status of teachers (1966), "advance in education depends largely on the qualifications and ability of the teaching staff in general and on the human, pedagogical and technical qualities of the individual teachers". However, "some forms of PPPs frequently employ personnel who lack training and/or qualifications".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Protecting education against commercialization 2015, para. 58
- Paragraph text
- Privatization widens disparities in access to education. Private providers disregard the fundamental principle of equality of opportunity in education common to almost all international human rights treaties (A/HRC/17/29 and Corr.1). Inequalities in opportunities for education will be exacerbated by the growth of unregulated private providers of education, with economic condition, wealth or property becoming the most important criterion in access to education.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Lifelong learning and the right to education 2016, para. 61
- Paragraph text
- Developing continuing education and building a lifelong education and training system that benefits all people, with open sharing of education resources, is the objective of the Thirteenth Five-Year Plan (2016-2020) of China. A national plan for modernizing the national education system is aimed at building a basic framework for lifelong education, so that everyone can be taught what they want to learn, excel at what they learn, and put what they have learned to use.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Privatization and the right to education 2014, para. 46
- Paragraph text
- The increasing privatization of fee-paying, for-profit schools in Morocco, for example, entails discrimination and inequalities in education for disadvantaged children by creating a system that favours the "haves" over the "have-nots", with the risk of developing a two-speed education system. Besides, research shows that the scheme of "vouchers purported to provide economically disadvantaged parents the means to select a private school in fact promotes group differentiation".
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- Children
- Année
- 2014
Paragraphe
Public-private partnerships in education 2015, para. 40
- Paragraph text
- Massive open online courses, portrayed as an alternative path to gaining access to higher education, can also involve "creating partnerships between educational institutions in developed and developing countries, Governments, development agencies, or the private sector". However, the commercial interests of providers, which enable them to "enter the higher education market using a [massive open online courses approach]", can be the raison d'être for offering such courses.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Public-private partnerships in education 2015, para. 68
- Paragraph text
- An important role devolves on public-private partnerships in education in the field of technical and vocational education and training. Skills development programmes in that field necessarily involve close collaboration with industry and enterprises. The Special Rapporteur considers that this area has not received consideration commensurate with its importance in the context of public-private partnerships. It calls for much greater recognition and focus.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Protecting education against commercialization 2015, para. 79
- Paragraph text
- For-profit education is illegal in some countries where the provision of basic education is a constitutional obligation, as in Brazil and South Africa. The Special Rapporteur would like to commend all those countries where for-profit education is forbidden and to appeal to all countries to abolish for-profit education. He considers that it is crucial to generalize this abolition in legislation and public policies, and to establish effective oversight mechanisms.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Lifelong learning and the right to education 2016, para. 74
- Paragraph text
- The Special Rapporteur notes the considerable attention being given to developing "a national qualifications framework" for "the assessment, certification and recognition" of skills and competencies acquired in the course of lifelong learning. The establishment of national qualifications frameworks and the adoption of national assessment systems for learning achievements in multiple settings denote the value attached to the pursuit of lifelong learning.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Equality & Inclusion
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Access to land and the right to food 2010, para. 10
- Paragraph text
- The pressures referred to above exacerbate conflicts over land and lead to a worrisome criminalization of social movements aimed at carrying out agrarian reforms "from below", including by claiming land that is unused and, in their view, should be distributed more equitably. As a result, serious violations of a range of human rights occur, including murders of peasants connected to such activities, which the Special Rapporteur has documented in a number of communications to States. But the increased pressures on land are also a source of concern because of the weak protection of those who depend most on the land for their survival: smallholders, traditional fisherfolk, pastoralists and peoples (including indigenous and tribal peoples) that rely on the products of the forest. The present report first addresses the situation of indigenous peoples, which is specific insofar as the right of such peoples to have their lands demarcated and protected is recognized under international law. It then considers the position of smallholders, who cultivate the land in conditions that are often insufficiently secure, and that of other land users, such as fisherfolk, pastoralists and herders, who are particularly dependent on commons. The key message is that, while security of tenure is important and should be seen as crucial to the realization of the right to food, individual titling and the creation of a market for land rights may not be the most appropriate means to achieve it.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2010
Paragraphe
Vision of the mandate 2014, para. 1
- Paragraph text
- The mandate of the Special Rapporteur on the right to food was established by the Commission on Human Rights in resolution 2000/10. In September 2007, the Human Rights Council, in resolution 6/2, reviewed and extended the mandate for three years. In resolution 6/2, the Council instructed the Special Rapporteur to: (a) promote the full realization of the right to food and the adoption of measures at the national, regional and international levels for the realization of the right to food; (b) examine ways and means of overcoming obstacles to the realization of the right to food; (c) continue mainstreaming a gender perspective and take into account an age dimension in the fulfilment of the mandate; (d) submit proposals that could help the realization of Millennium Development Goal 1; (e) present recommendations on possible steps towards achieving progressively the full realization of the right to food; (f) work in close cooperation with all States, intergovernmental and non governmental organizations, the Committee on Economic, Social and Cultural Rights and other relevant actors to take fully into account the need to promote the effective realization of the right to food for all; and (g) continue participating in and contributing to relevant international conferences and events with the aim of promoting the realization of the right to food. The mandate of the Special Rapporteur was subsequently endorsed by the Council in resolutions 13/4 and 22/9, renewing the mandate for periods of three years.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Gender
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2014
Paragraphe
Access to justice and the right to food: the way forward 2015, para. 10
- Paragraph text
- Article 2 of the Optional Protocol requires that authors of communications must be under the jurisdiction of the State party responsible for the violation, and that the State must have ratified both the Covenant and the Optional Protocol. However, the Covenant indicates no restriction to territorial jurisdiction and it will remain to be seen whether the cases to be examined under the Optional Protocol concentrate principally on the territorial link.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Right to food and nutrition 2016, para. 43
- Paragraph text
- Leaders at the Conference also recognized the importance of integrating their political commitments with the post-2015 development agenda and of anchoring nutrition targets in the Sustainable Development Goals. The Goals have a universal character and cannot be achieved without special attention to nutrition. While Goal 2 explicitly refers to "nutrition" and Goal 3 to non-communicable diseases, nutrition is arguably interwoven within all 17 Goals, as well as 50 indicators.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Health
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 57
- Paragraph text
- Prior to that, principle 22 in the second pillar states that where businesses identify that they have caused or contributed to adverse human rights impacts, they should provide for or cooperate in their remediation through legitimate processes. Where businesses have not caused or contributed to harm but it is directly linked to their operations, products or services by a business relationship, they are encouraged to take a role in providing remediation. In terms of operational principles under the third pillar, the Guiding Principles on Business and Human Rights, call on companies to establish or to participate in effective operational-level grievance mechanisms for those adversely impacted by them, so that grievances can be addressed early and remediated directly (principle 29). Such mechanisms are typically administered by enterprises, alone or in collaboration with other relevant stakeholders. They can be important complements to wider stakeholder engagement and collective bargaining processes, but cannot substitute for either, and can also make it possible to prevent harm from compounding or escalating. To ensure their effectiveness, the Guiding Principles on Business and Human Rights state that the operational-level grievance mechanisms should be legitimate, accessible, predictable, equitable, transparent, rights-compatible, a source of continuous learning, and based on engagement and dialogue (principle 31). There are already some good practice examples of operational-level grievance mechanisms.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Assessing a decade of progress on the right to food 2013, para. 36
- Paragraph text
- The remarkable progress achieved over the past decade in Latin America is the result of the combined efforts of civil society, social movements, parliamentarians and national human rights institutions. FAO support to the Hunger-Free Latin America and the Caribbean Initiative played a major role, together with the support given to this process by the FAO Right to Food Unit and OHCHR, including through its country and subregional offices in the region.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
The transformative potential of the right to food 2014, para. 33
- Paragraph text
- As noted above, these developments have come at a high ecological cost. Due to the links between agriculture, diets and health, they also impose a considerable burden on health-care systems. They have led, finally, to the depopulation of rural areas. Yet, because these different components of the food systems shaped during the past half-century have strengthened one another, they have become lock-ins, seemingly blocking any real transformative possibilities.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Health
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Right to food and nutrition 2016, para. 74
- Paragraph text
- In its general comment No. 12, the Committee on Economic, Social and Cultural Rights views the right to adequate food to imply food "free from adverse substances" (para. 8), which "sets requirements for food safety and for a range of protective measures by both public and private means … at different stages throughout the food chain" (para. 10). Considering the adverse health impacts, "food safety" should be interpreted to include the nutritional value of food products.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Health
- Personnes concernées
- All
- Année
- 2016
Paragraphe
Right to food and nutrition 2016, para. 82
- Paragraph text
- Since 2011, Armenia, Bolivia (Plurinational State of), Kenya, Kuwait, South Africa and Viet Nam have adopted comprehensive measures to incorporate all of the International Code provisions, sometimes even going beyond its minimum standards. The proportion of countries with comprehensive legislation on the Code is highest in South-East Asia, followed by Africa and the Eastern Mediterranean, while the Americas, Western Pacific and European regions have the lowest proportions.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 21
- Paragraph text
- The use of shackles and handcuffs on pregnant women during labour and immediately after childbirth is absolutely prohibited and representative of the failure of the prison system to adapt protocols to unique situations faced by women (A/HRC/17/26/Add.5 and Corr.1). When used for punishment or coercion, for any reason based on discrimination or to cause severe pain, including by posing serious threats to health, such treatment can amount to torture or ill-treatment.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Integrating a gender perspective in the right to food 2016, para. 54
- Paragraph text
- Even when women successfully earn income to support their families, men often respond by withdrawing their contribution to the household budget in order to purchase luxuries. A recent study in Nicaragua showed that if mothers contributed considerably to household income the likelihood of moderate and severe food insecurity decreased by 34 percent, and, if mothers were the main decision-makers over household income this decrease amounted to 60 percent.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Personnes concernées
- Men
- Women
- Année
- 2016
Paragraphe
Fisheries and the right to food 2012, para. 49
- Paragraph text
- It is unclear whether these efforts are well guided. First, while illegal, unreported and unregulated industrial fishing is a problem, most of the catch of small-scale fishers goes unreported. Analogizing these catches to illegal fishing underestimates their role in contributing to food security and does not encourage the fishers concerned to shift to more responsible practices. Approaches to illegal, unreported and unregulated fishing should also acknowledge the function of fishing as an occasional activity for some coastal communities (including inland coastal communities), where it is an essential safety net in times of crisis. Second, the current approaches are not particularly effective in reducing illegal, unreported and unregulated fishing because of capacity gaps and weak governance in developing countries and lack of commitment by home countries of distant-water fishing fleets in investigating and prosecuting fishing firms abroad. Third, the structural causes of illegal, unreported and unregulated fishing, such as overcapacity in the world's fishing fleet and inadequate support for communities who depend on fishing for their livelihoods, remain unaddressed. Without access to adequate social protection, without fair prices or if they are priced out of approaches based on the allocation of fishing rights through licences, these communities are not in a position to participate in regimes that seek to reduce overfishing or to combat illegal, unreported and unregulated fishing.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2012
Paragraphe
Assessing a decade of progress on the right to food 2013, para. 39
- Paragraph text
- Such framework laws may set targets for Governments to achieve, allocating responsibilities for taking action to different branches of government and coordinating their action. Typically, however, these framework laws are procedural in nature: they establish institutions and define a process, without prejudging the outcome, and leaving it to the actors involved to design a cross-sectoral right to food strategy. These framework laws ensure that such strategies are designed and continuously monitored through an inclusive and participatory process involving government and civil society organizations. They do so by establishing national food security councils, often linked to the highest level of government and including as members both representatives from relevant ministerial departments and civil society. It is not unusual for such councils to provide recommendations to an interministerial task force, ensuring intersectoral coordination across departments. In Brazil, the National Council on Food and Nutrition Security, two thirds of the members of which represent civil society organizations, has a consultative nature, addressing recommendations to the Inter-Ministry Chamber of Food and Nutrition Security, the interdepartmental task force in charge of implementing the national food security strategy (see A/HRC/13/33/Add.6, para. 14). In other countries, such as Guatemala and Ecuador, the body can make binding decisions (for Guatemala, see A/HRC/13/33/Add.4).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2013
Paragraphe
Impact of climate change on the right to food 2015, para. 9
- Paragraph text
- An increase of just 1°C in temperature can have devastating impacts on crop yields and the ability to maintain current levels of agricultural production. Currently, negotiations within the United Nations Framework Convention on Climate Change are limiting projections to an increase of 2°C. However, this is not adequate, given that in some regions, including sub-Saharan Africa, summer temperatures are projected to reach 5°C above the baseline temperature by 2100.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Right to food and nutrition 2016, para. 77
- Paragraph text
- Some countries, such as Australia, the Republic of Korea and the United States, require restaurant chains to include information on energy and nutrient content or warning labels on sodium content. Clear standards are also needed on the use of nutrition and health claims to prevent consumers from being misled. In the United States, public demand for increased transparency has led to several attempts to implement mandatory-labelling schemes for genetically engineered foods.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Health
- Année
- 2016
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 37
- Paragraph text
- Second, the means by which economic and social rights are to be realized needs to be highly sensitive to national specificities: just as proponents of the Covenant have recognized that dimension, so too is the Initiative built upon assumptions of national ownership. By the same token, there have been compelling arguments made for the need to pay much more attention in future to local or indigenous mutual support systems and institutions in the area of social protection.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Social & Cultural Rights
- Personnes concernées
- Ethnic minorities
- Année
- 2014
Paragraphe
Gender perspectives on torture and other cruel, inhuman and degrading treatment or punishment 2016, para. 56
- Paragraph text
- Societal indifference to or even support for the subordinate status of women, together with the existence of discriminatory laws and patterns of State failure to punish perpetrators and protect victims, create conditions under which women may be subjected to systematic physical and mental suffering, despite their apparent freedom to resist. In this context, State acquiescence in domestic violence can take many forms, some of which may be subtly disguised (A/HRC/7/3). States' condoning of and tolerant attitude towards domestic violence, as evidenced by discriminatory judicial ineffectiveness, notably a failure to investigate, prosecute and punish perpetrators, can create a climate that is conducive to domestic violence and constitutes an ongoing denial of justice to victims amounting to a continuous human rights violation by the State. In cases where States are or ought to be aware of patterns of continuous and serious abuse in a particular region or community, due diligence obligations require taking reasonable measures to alter outcomes and mitigate harms, ranging from the strengthening of domestic laws and their implementation to effective criminal proceedings and other protective and deterrent measures in individual cases. Domestic violence legislation and community support systems must in turn be matched by adequate enforcement. Special attention must be paid to religious or customary law courts that may tend to downplay and inadequately address domestic violence (A/HRC/29/40).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Violence
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Effects of pesticides on the right to food 2017, para. 16
- Paragraph text
- Studies in developed countries show that annual acute pesticide poisoning affects nearly 1 in every 5,000 agricultural workers. Globally, however, it is unknown what percentage of farmworkers experience acute pesticide poisoning owing to a lack of standardized reporting. Poor enforcement of labour regulations and lack of health and safety training can elevate exposure risks, while many Governments lack the infrastructure and resources to regulate and monitor pesticides.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Health
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Protection of journalists and media freedom 2012, para. 51
- Paragraph text
- Attacks against journalists may be perpetrated by a range of actors - State or non-State - such as organized crime groups, terrorist groups, security forces or militia. Journalists are placed at risk of attack for documenting and disseminating information deemed to be "inconvenient," including on human rights violations, environmental issues, corruption, organized crime, drug trafficking, public crises, emergencies or public demonstrations.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Violence
- Personnes concernées
- Activists
- Année
- 2012
Paragraphe
The right to access information 2013, para. 33
- Paragraph text
- The set of principles for the protection and promotion of human rights through action to combat impunity, as updated in 2005 by the independent expert appointed for that purpose (A/CN.4/2005/102/Add.1), also spells out the obligations of States to inform society of what has happened and recognizes the inalienable right of every people to know the truth (principle 2), emphasizing also the preservation and facilitation of access to archives (principles 14 and 15).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Année
- 2013
Paragraphe
The right of the child to freedom of expression 2014, para. 17
- Paragraph text
- The right to seek information set out in article 13, paragraph 1, of the Convention on the Rights of the Child has often been associated with the right to access to information, in particular information held by public authorities. This right is also closely related to the provisions of article 17 of the Convention, which aims to ensure that children have access to information and material from a diversity of national and international sources.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- Children
- Année
- 2014
Paragraphe
Assessing a decade of progress on the right to food 2013, para. 11
- Paragraph text
- The obligation to respect requires that the State refrain from interfering with the existing levels of enjoyment of the right to food and that it guarantee existing entitlements, for instance, by ensuring that those who produce their own food be secure in their access to the resources, including land and water, on which they depend, or by ensuring that those who could have access to income-generating activities allowing them to purchase food are not denied such access.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
Vision of the mandate 2014, para. 45
- Paragraph text
- The threat posed by climate change to fresh water supplies, combined with the overuse of water in agriculture, is having a detrimental impact on food security. The consequent effects on food production are significant, putting the livelihoods of rural communities and the food security of city dwellers at risk. With the global population expected to increase to 9.5 billion by 2050, the world's food calorie production will need to increase by 68 per cent in order to meet growing demand.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2014
Paragraphe
Access to justice and the right to food: the way forward 2015, para. 25
- Paragraph text
- While on the whole European countries have been more reluctant to accept the justiciability of economic, social and cultural rights, there have been some significant cases. For example, in the 2012 German Federal Constitutional Court judgment 1 BvL 10/10, the court ruled on whether cash benefits for asylum seekers provided by the Asylum Seekers Benefit Act were compatible with its Constitution. The court relied on earlier decisions to reiterate that the State is under an obligation to ensure a "dignified minimum existence", defined as a "comprehensive fundamental rights guarantee" which includes access to food, clothing, household items, housing, heating, hygiene health and social assistance to persons in need. The benefits awarded to the asylum seekers under the law in question were deemed insufficient to guarantee a dignified minimum existence. The court also reaffirmed that benefits must be calculated on the basis of "real and actual needs" and thus be measured realistically. The court noted that the benefits prescribed under the Asylum Seekers Benefit Act had not increased since 1993, even though the cost of living in Germany had risen by 30 per cent in that period. As a result, a number of provisions of the act were declared unconstitutional. The court ordered the enactment of new legislation that would ensure a dignified minimum standard of living and introduced a transitional scheme that would provide higher cash benefits in the interim.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Personnes concernées
- Persons on the move
- Année
- 2015
Paragraphe
Right to food and nutrition 2016, para. 50
- Paragraph text
- Today's nutrition governance also lacks effective mechanisms to regulate private sector involvement in nutrition programmes. The corporate influence on national and international food and nutrition policy spaces has become increasingly visible as programmes seek multi-stakeholder arrangements. Both the Sustainable Development Goals and the Second International Conference on Nutrition mention the importance of "multi-stakeholder partnerships" with private sector participation.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Eradicating contemporary forms of slavery from supply chains 2015, para. 25
- Paragraph text
- Despite the various measures taken to eradicate the worst forms of child labour from the carpet industry, these forms were reported to continue to exist in handmade carpet production units in South Asia, in which carpets are produced for export mainly to the United States of America. Various studies have reported the existence of contemporary forms of slavery and labour exploitation in the construction industry and forced labour in the manufacturing of electronic goods has also been the subject of recent research.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on contemporary forms of slavery, including its causes and consequences
- Type de document
- Special Procedures' report
- Thèmes
- Social & Cultural Rights
- Violence
- Année
- 2015
Paragraphe
Integrating a gender perspective in the right to food 2016, para. 52
- Paragraph text
- Disadvantages for women in both agricultural and non-agricultural sectors undermine their right to food. Women's income possibilities are more constrained than men's; the women's participation in the labour force is lower than men on a global scale - 70 percent of working age men are in the labour force compared to only 40 percent of working age women and the labour force participation rates have stagnated around the world in the past two decades.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Food & Nutrition
- Gender
- Health
- Personnes concernées
- Men
- Women
- Année
- 2016
Paragraphe
Hate speech and incitement to hatred 2012, para. 32
- Paragraph text
- Many of the efforts that Governments are currently making to combat hate speech are, however, misguided. These include requests by Governments to intermediaries to screen and remove user content, registration requirements to identify users' real names and arbitrary blocking of websites. In addition, vaguely worded and ambiguous laws with disproportionate sanctions are frequently used to silence criticism and legitimate political expression, as highlighted in section II.C. While laws prohibiting incitement to hatred in accordance with international human rights law are necessary and required to tackle the phenomenon of hate speech, the human sentiment of hatred cannot be eliminated by legal prohibition alone, and the deterrent effect of such laws is not absolute, given that radical perpetrators often seek prosecution as a means to obtain access to the mainstream media to promote their ideas. Moreover, when an attempt to prosecute fails, for example where some forms of hate speech do not meet the threshold of incitement to violence, hostility or discrimination (such as bullying and offensive speech that do not incite any acts), there is a risk that that failure would be used as proof of endorsement of the speech, even though such speech merits condemnation. Furthermore, with regard to hate speech on the Internet, both the sheer volume of content posted every day and the cross-boundary nature of the medium considerably complicate effective implementation of the law.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2012
Paragraphe
The right to access information 2013, para. 13
- Paragraph text
- In 2011, in establishing a specific mandate to monitor the promotion of truth, justice, reparation and guarantees of non-recurrence, the Human Rights Council emphasized the importance of a comprehensive approach incorporating the full range of judicial and non-judicial measures in order to, among other things, ensure accountability, serve justice, provide remedies to victims, and promote healing and reconciliation (Human Rights Council resolution 18/7).
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression 2013, para. 11
- Paragraph text
- Innovations in technology have facilitated increased possibilities for communication and freedom of expression, enabling anonymity, rapid information sharing, and cross-cultural dialogues. At the same time, changes in technologies have also provided new opportunities for State surveillance and intervention into individuals' private lives.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Equality & Inclusion
- Personnes concernées
- All
- Année
- 2013
Paragraphe
The right of the child to freedom of expression 2014, para. 42
- Paragraph text
- Restrictions on the content of school curricula may also affect children's access to diverse sources of information. In this regard, the banning of books and teaching materials containing ideas that run counter to those supported by the school administration is another concern. In the 1982 case Board of Education v. Pico, for example, a court in the United States ruled that books could not be removed from school libraries for ideological reasons.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Education
- Personnes concernées
- Children
- Année
- 2014
Paragraphe
Issues and challenges to the right to education in the digital age 2016, para. 95
- Paragraph text
- The Special Rapporteur refers to the declaration adopted at the sixth BRICS summit, held in Fortaleza, Brazil, from 14 to 16 July 2014, in which the signatories agreed that the use and development of information and communications technologies through international cooperation and universally accepted norms and principles of international law is of paramount importance in order to ensure a peaceful, secure and open digital and Internet space.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to education
- Type de document
- Special Procedures' report
- Thèmes
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2016
Paragraphe
Women’s right and the right to food 2013, para. 27a
- Paragraph text
- Women may choose not to participate in such programmes because of the heavy demands it would impose on them and the difficulties they may have in reconciling the work with their responsibilities in the "care" economy. A system of quotas may be ineffective to address this. The difficulties women may face to participate in public works programmes should therefore be taken into account: their responsibilities in the "care" economy should be recognized and accommodation measures should be adopted. Furthermore, work schedules should take into account the specific time constraints faced by women, and institutionalized child care should be implemented to attract more women. Where child care at the work site is under the responsibility of women who are labour-constrained, because of age or disability, this can further increase the opportunities the programme offers to women. Thus, the MGNREGA includes a provision that "in the event that there are at least five children under the age of six at the worksite, one of the female workers shall be deputed to look after them and paid the same wage as other NREGA workers." However, the implementation of this clause remains highly uneven as most women joining the programme are discouraged from bringing their children to work, and a social audit of the implementation of MGNREGA revealed that 70 per cent of the women interviewed had no access to child-care facilities on the worksite, while 65 per cent were not aware of this provision in the Act.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Personnes concernées
- Children
- Women
- Année
- 2013
Paragraphe
Impact of climate change on the right to food 2015, para. 58
- Paragraph text
- Significant political, legal and judicial initiatives have been taken with a view to the next round of climate negotiations to take place in Paris. For instance, a recent study involving 66 countries found that most jurisdictions have taken important legislative steps to mitigate climate change. However, despite the fact that a considerable number of climate change-related laws and regulations have been adopted in several regions, they have rarely been enforced.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- N.A.
- Année
- 2015
Paragraphe
Right to food and nutrition 2016, para. 29
- Paragraph text
- Trade liberalization and foreign direct investment (FDI) by transnational corporations in the processed food industry have played a large role in increasing the availability of ultraprocessed foods on the global market. The removal of policies to protect domestic markets has strongly affected the increase in production of certain unhealthy foods, as well as their availability and cost. Countries that embrace market deregulation experience a faster increase in unhealthy food consumption.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Economic Rights
- Food & Nutrition
- Governance & Rule of Law
- Personnes concernées
- All
- N.A.
- Année
- 2016
Paragraphe
The implementation of the right to social protection through the adoption of social protection floors 2014, para. 45
- Paragraph text
- For the past several years, the international community has been heavily focused on, and invested in, the process of drafting development goals for the post-2015 development agenda. On 19 July 2014, the Open Working Group on Sustainable Development Goals released its proposals. For all the immense time and energy expended by proponents of both human rights and the Social Protection Floor Initiative, the results to date are stunningly meagre. Human rights as such have been thoroughly marginalized. There is a token nod in their direction in paragraph 7 of the draft outcome document of the Open Working Group, although rather than underlining their relevance to development, the paragraph merely records the fact that in the outcome document of the United Nations Conference on Sustainable Development, "The future we want", adopted by the General Assembly in resolution 66/288, "the importance of freedom, peace and security, respect for all human rights, including the right to development and the right to an adequate standard of living, including the right to food and water, the rule of law, good governance, gender equality, women's empowerment and the overall commitment to just and democratic societies for development" were reaffirmed, as was the importance of the Universal Declaration of Human Rights. There is only one other reference to human rights in the entire 21-page draft and that appears in the context of a list of issues to which "quality education" should be devoted.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on extreme poverty and human rights
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Equality & Inclusion
- Personnes concernées
- Women
- Année
- 2014
Paragraphe
Integrating a gender perspective in the right to food 2016, para. 26
- Paragraph text
- When land is purchased during a marriage, women may lack equitable ownership. Societies with customary law often exclude joint ownership based on the belief that women are not capable of owning land. In market economies, when societal norms have recognized community property between spouses, joint ownership of property acquired during marriage is commonly accepted but patriarchal norms can still result in elusive recognition of gender-equal property rights.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Gender
- Social & Cultural Rights
- Personnes concernées
- Women
- Année
- 2016
Paragraphe
Effects of pesticides on the right to food 2017, para. 100
- Paragraph text
- Success must be calculated in terms other than economic profitability, and take into consideration the costs of pesticides on human health, the economy and the environment. Agroecology prevents direct exposure to toxic pesticides and helps improve air, soil, surface water and groundwater quality. Less energy intensive, agroecology can also help mitigate the effects of climate change by reducing emissions of greenhouse gasses and by providing carbon sinks.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the right to food
- Type de document
- Special Procedures' report
- Thèmes
- Environment
- Food & Nutrition
- Health
- Personnes concernées
- N.A.
- Année
- 2017
Paragraphe
Protection of journalists and media freedom 2012, para. 53
- Paragraph text
- Another threat to the freedom of journalists and to press freedom is the increasing use of criminal law on defamation, slander or libel by public officials to silence criticism regarding their personal activities or public policies. The mere use of such "judicial harassment" generates a climate of fear and a "chilling effect" which encourages self-censorship. This issue is further explored under section D below on criminalization of expression.
- Status juridique
- Non-negotiated soft law
- Organe
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Type de document
- Special Procedures' report
- Thèmes
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Année
- 2012
Paragraphe