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Titre | Date ajouter | Modèle | Document | Paragraph text | Organe | Type de document | Thematics | Thèmes | Personnes concernées | Année |
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The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 3 | 19 août 2019 | Paragraph | 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. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2013 | ||
Indigenous children and their rights under the Convention 2009, para. 42 | 19 août 2019 | Paragraph | 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. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 2 | 19 août 2019 | Paragraph | 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." | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Article 25: The right to participate in public affairs, voting rights and the right of equal access to public service 1996, para. 12 | 19 août 2019 | Paragraph | Freedom of expression, assembly and association are essential conditions for the effective exercise of the right to vote and must be fully protected. Positive measures should be taken to overcome specific difficulties, such as illiteracy, language barriers, poverty or impediments to freedom of movements which prevent persons entitled to vote from exercising their rights effectively. Information and materials about voting should be available in minority languages. Specific methods, such as photographs and symbols, should be adopted to ensure that illiterate voters have adequate information on which to base their choice. States parties should indicate in their reports the manner in which the difficulties highlighted in this paragraph are dealt with. | Human Rights Committee
| General Comment / Recommendation |
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| 1996 | ||
Article 27: The rights of minorities 1994, para. 3.1 | 19 août 2019 | Paragraph | The Covenant draws a distinction between the right to self- determination and the rights protected under article 27. The former is expressed to be a right belonging to peoples and is dealt with in a separate part (Part I) of the Covenant. Self-determination is not a right cognizable under the Optional Protocol. Article 27, on the other hand, relates to rights conferred on individuals as such and is included, like the articles relating to other personal rights conferred on individuals, in Part III of the Covenant and is cognizable under the Optional Protocol. | Human Rights Committee
| General Comment / Recommendation |
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| 1994 | ||
Article 12: Freedom of movement 1999, para. 16 | 19 août 2019 | Paragraph | States have often failed to show that the application of their laws restricting the rights enshrined in article 12, paragraphs 1 and 2, are in conformity with all requirements referred to in article 12, paragraph 3. The application of restrictions in any individual case must be based on clear legal grounds and meet the test of necessity and the requirements of proportionality. These conditions would not be met, for example, if an individual were prevented from leaving a country merely on the ground that he or she is the holder of "State secrets", or if an individual were prevented from travelling internally without a specific permit. On the other hand, the conditions could be met by restrictions on access to military zones on national security grounds or limitations on the freedom to settle in areas inhabited by indigenous or minorities communities. | Human Rights Committee
| General Comment / Recommendation |
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| 1999 | ||
Nature of the General Legal Obligation Imposed on States Parties to the Covenant - replaces GC No. 3 2004, para. 9 | 19 août 2019 | Paragraph | The beneficiaries of the rights recognized by the Covenant are individuals. Although, with the exception of article 1, the Covenant does not mention he rights of legal persons or similar entities or collectivities, many of the rights recognized by the Covenant, such as the freedom to manifest one's religion or belief (article 18), the freedom of association (article 22) or the rights of members of minorities (article 27), may be enjoyed in community with others. The fact that the competence of the Committee to receive and consider communications is restricted to those submitted by or on behalf of individuals (article 1 of the Optional Protocol) does not prevent such individuals from claiming that actions or omissions that concern legal persons and similar entities amount to a violation of their own rights. | Human Rights Committee
| General Comment / Recommendation |
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| 2004 | ||
Female circumcision 1990, para. 2 | 19 août 2019 | Paragraph | Noting with satisfaction that Governments, where such practices exist, national women's organizations, non-governmental organizations, specialized agencies, such as the World Health Organization, the United Nations Children's Fund, as well as the Commission on Human Rights and its Submission on Prevention of Discrimination and Protection of Minorities, remain seized of the issue having particularly recognized that such traditional practices as female circumcision have serious health and other consequences for women and children, | Committee on the Elimination of Discrimination against Women | General Comment / Recommendation |
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| 1990 | ||
Right to self-determination 1996, para. 3 | 19 août 2019 | Paragraph | The Committee emphasizes that in accordance with the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations, approved by the United Nations General Assembly in its resolution 2625 (XXV) of 24 October 1970, it is the duty of States to promote the right to self determination of peoples. But the implementation of the principle of self determination requires every State to promote, through joint and separate action, universal respect for and observance of human rights and fundamental freedoms in accordance with the Charter of the United Nations. In this context the Committee draws the attention of Governments to the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, adopted by the General Assembly in its resolution 47/135 of 18 December 1992. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 1996 | ||
Gender-related dimensions of racial discrimination 2000, para. 2 | 19 août 2019 | Paragraph | Certain forms of racial discrimination may be directed towards women specifically because of their gender, such as sexual violence committed against women members of particular racial or ethnic groups in detention or during armed conflict; the coerced sterilization of indigenous women; abuse of women workers in the informal sector or domestic workers employed abroad by their employers. Racial discrimination may have consequences that affect primarily or only women, such as pregnancy resulting from racial bias motivated rape; in some societies women victims of such rape may also be ostracized. Women may also be further hindered by a lack of access to remedies and complaint mechanisms for racial discrimination because of gender related impediments, such as gender bias in the legal system and discrimination against women in private spheres of life. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2000 | ||
Article 1 of the Convention 1999, para. 3 | 19 août 2019 | Paragraph | Some States parties fail to collect data on the ethnic or national origin of their citizens or of other persons living on their territory, but decide at their own discretion which groups constitute ethnic groups or indigenous peoples that are to be recognized and treated as such. The Committee believes that there is an international standard concerning the specific rights of people belonging to such groups, together with generally recognized norms concerning equal rights for all and non discrimination, including those incorporated in the International Convention on the Elimination of All Forms of Racial Discrimination. At the same time, the Committee draws to the attention of States parties that the application of different criteria in order to determine ethnic groups or indigenous peoples, leading to the recognition of some and refusal to recognize others, may give rise to differing treatment for various groups within a country's population. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 1999 | ||
Rights of indigenous peoples 1997, para. 5 | 19 août 2019 | Paragraph | The Committee especially calls upon States parties to recognize and protect the rights of indigenous peoples to own, develop, control and use their communal lands, territories and resources and, where they have been deprived of their lands and territories traditionally owned or otherwise inhabited or used without their free and informed consent, to take steps to return those lands and territories. Only when this is for factual reasons not possible, the right to restitution should be substituted by the right to just, fair and prompt compensation. Such compensation should as far as possible take the form of lands and territories. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 1997 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 41 | 19 août 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] Lastly, with regard to women and children belonging to the groups referred to in the last paragraph of the preamble, States parties should pay the greatest attention possible with a view to ensuring that such persons benefit from the special regime to which they are entitled in relation to the execution of sentences, bearing in mind the particular difficulties faced by mothers of families and women belonging to certain communities, particularly indigenous communities. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Forced evictions 1997, para. 10 | 19 août 2019 | Paragraph | Women, children, youth, older persons, indigenous people, ethnic and other minorities, and other vulnerable individuals and groups all suffer disproportionately from the practice of forced eviction. Women in all groups are especially vulnerable given the extent of statutory and other forms of discrimination which often apply in relation to property rights (including home ownership) or rights of access to property or accommodation, and their particular vulnerability to acts of violence and sexual abuse when they are rendered homeless. The non discrimination provisions of articles 2.2 and 3 of the Covenant impose an additional obligation upon Governments to ensure that, where evictions do occur, appropriate measures are taken to ensure that no form of discrimination is involved. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 1997 | ||
The right to education (Art. 13) 1999, para. 31 | 19 août 2019 | Paragraph | The prohibition against discrimination enshrined in article 2 (2) of the Covenant is subject to neither progressive realization nor the availability of resources; it applies fully and immediately to all aspects of education and encompasses all internationally prohibited grounds of discrimination. The Committee interprets articles 2 (2) and 3 in the light of the UNESCO Convention against Discrimination in Education, the relevant provisions of the Convention on the Elimination of All Forms of Discrimination against Women, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the Child and the ILO Indigenous and Tribal Peoples Convention, 1989 (Convention No. 169), and wishes to draw particular attention to the following issues. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 1999 | ||
The right to water (Art. 11 and 12) 2002, para. 16d | 19 août 2019 | Paragraph | [Whereas the right to water applies to everyone, States parties should give special attention to those individuals and groups who have traditionally faced difficulties in exercising this right, including women, children, minority groups, indigenous peoples, refugees, asylum seekers, internally displaced persons, migrant workers, prisoners and detainees. In particular, States parties should take steps to ensure that:] Indigenous peoples' access to water resources on their ancestral lands is protected from encroachment and unlawful pollution. States should provide resources for indigenous peoples to design, deliver and control their access to water; | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2002 | ||
The right to education (Art. 13) 1999, para. 50 | 19 août 2019 | Paragraph | In relation to article 13 (2), States have obligations to respect, protect and fulfil each of the "essential features" (availability, accessibility, acceptability, adaptability) of the right to education. By way of illustration, a State must respect the availability of education by not closing private schools; protect the accessibility of education by ensuring that third parties, including parents and employers, do not stop girls from going to school; fulfil (facilitate) the acceptability of education by taking positive measures to ensure that education is culturally appropriate for minorities and indigenous peoples, and of good quality for all; fulfil (provide) the adaptability of education by designing and providing resources for curricula which reflect the contemporary needs of students in a changing world; and fulfil (provide) the availability of education by actively developing a system of schools, including building classrooms, delivering programmes, providing teaching materials, training teachers and paying them domestically competitive salaries. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 1999 | ||
The right to water (Art. 11 and 12) 2002, para. 7 | 19 août 2019 | Paragraph | The Committee notes the importance of ensuring sustainable access to water resources for agriculture to realize the right to adequate food (see General Comment No.12 (1999)). Attention should be given to ensuring that disadvantaged and marginalized farmers, including women farmers, have equitable access to water and water management systems, including sustainable rain harvesting and irrigation technology. Taking note of the duty in article 1, paragraph 2, of the Covenant, which provides that a people may not "be deprived of its means of subsistence", States parties should ensure that there is adequate access to water for subsistence farming and for securing the livelihoods of indigenous peoples. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2002 | ||
The right to work (Art. 6) 2005, para. 23 | 19 août 2019 | Paragraph | States parties are under the obligation to respect the right to work by, inter alia, prohibiting forced or compulsory labour and refraining from denying or limiting equal access to decent work for all persons, especially disadvantaged and marginalized individuals and groups, including prisoners or detainees, members of minorities and migrant workers. In particular, States parties are bound by the obligation to respect the right of women and young persons to have access to decent work and thus to take measures to combat discrimination and to promote equal access and opportunities. | Committee on Social, Economic and Cultural Rights | General Comment / Recommendation |
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| 2005 | ||
The right to inclusive education 2016, para. 12e | 19 août 2019 | Paragraph | [The core features of inclusive education are:] Respect for and value of diversity: All members of the learning community are welcomed equally, with respect for diversity according to, inter alia, disability, race, colour, sex, language, linguistic culture, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. All students must feel valued, respected, included and listened to. Effective measures to prevent abuse and bullying are in place. Inclusion takes an individual approach to students. | Committee on the Rights of Persons with Disabilities | General Comment / Recommendation |
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| 2016 | ||
Indigenous children and their rights under the Convention 2009, para. 24 | 19 août 2019 | Paragraph | As previously stated in the Committee's general comment No. 5 on general measures of implementation, the non-discrimination obligation requires States actively to identify individual children and groups of children the recognition and realization of whose rights may demand special measures. For example, the Committee highlights, in particular, the need for data collection to be disaggregated to enable discrimination or potential discrimination to be identified. Addressing discrimination may furthermore require changes in legislation, administration and resource allocation, as well as educational measures to change attitudes. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 27 | 19 août 2019 | Paragraph | States parties should ensure that public information and educational measures are taken to address the discrimination of indigenous children. The obligation under article 2 in conjunction with articles 17, 29.1 (d) and 30 of the Convention requires States to develop public campaigns, dissemination material and educational curricula, both in schools and for professionals, focused on the rights of indigenous children and the elimination of discriminatory attitudes and practices, including racism. Furthermore, States parties should provide meaningful opportunities for indigenous and non-indigenous children to understand and respect different cultures, religions, and languages. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 33 | 19 août 2019 | Paragraph | The principle of the best interests of the child requires States to undertake active measures throughout their legislative, administrative and judicial systems that would systematically apply the principle by considering the implication of their decisions and actions on children's rights and interests. In order to effectively guarantee the rights of indigenous children such measures would include training and awareness-raising among relevant professional categories of the importance of considering collective cultural rights in conjunction with the determination of the best interests of the child. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 70 | 19 août 2019 | Paragraph | Provisions in the Convention on the Rights of the Child refer to the use of children in illicit production and trafficking of drugs (art. 33), sexual exploitation (art. 34), trafficking in children (art. 35), children in armed conflicts (art. 38). These provisions are closely related to the definition of the worst forms of child labour under ILO Convention No. 182. The Committee notes with grave concern that indigenous children are disproportionately affected by poverty and at particular risk of being used in child labour, especially its worst forms, such as slavery, bonded labour, child trafficking, including for domestic work, use in armed conflict, prostitution and hazardous work. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 78 | 19 août 2019 | Paragraph | The Committee reminds States parties that ratification of the Convention on the Rights of the Child obliges States parties to take action to ensure the realization of all rights in the Convention for all children within their jurisdiction. The duty to respect and protect requires each State party to ensure that the exercise of the rights of indigenous children is fully protected against any acts of the State party by its legislative, judicial or administrative authorities or by any other entity or person within the State party. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 65 | 19 août 2019 | Paragraph | Indigenous children in such circumstances have been, and continue to face risks of being, victims of attacks against their communities, resulting in death, rape and torture, displacement, enforced disappearances, the witnessing of atrocities and the separation from parents and community. Targeting of schools by armed forces and groups has denied indigenous children access to education. Furthermore, indigenous children have been recruited by armed forces and groups and forced to commit atrocities, sometimes even against their own communities. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Indigenous children and their rights under the Convention 2009, para. 45 | 19 août 2019 | Paragraph | The Committee draws the attention of States to article 8 (2) of the Convention which affirms that a child who has been illegally deprived of some or all of the elements of his or her identity shall be provided with appropriate assistance and protection in order to re-establish speedily his or her identity. The Committee encourages States parties to bear in mind article 8 of the United Nations Declaration on the Rights of Indigenous Peoples which sets out that effective mechanisms should be provided for prevention of, and redress for, any action which deprives indigenous peoples, including children, of their ethnic identities. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
The right of the child to be heard 2009, para. 21 | 19 août 2019 | Paragraph | [The Committee emphasizes that article 12 imposes no age limit on the right of the child to express her or his views, and discourages States parties from introducing age limits either in law or in practice which would restrict the child's right to be heard in all matters affecting her or him. In this respect, the Committee underlines the following:] Third, States parties are also under the obligation to ensure the implementation of this right for children experiencing difficulties in making their views heard. For instance, children with disabilities should be equipped with, and enabled to use, any mode of communication necessary to facilitate the expression of their views. Efforts must also be made to recognize the right to expression of views for minority, indigenous and migrant children and other children who do not speak the majority language. | Committee on the Rights of the Child | General Comment / Recommendation |
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| 2009 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 5d | 19 août 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] [States parties should pursue national strategies the objectives of which include the following:] To promote proper representation of persons belonging to racial and ethnic groups in the police and the system of justice; | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 | ||
Prevention of racial discrimination in the administration and functioning of the criminal justice system 2004, para. 27 | 19 août 2019 | Paragraph | [Formulates the following recommendations addressed to States parties:] Prior to the trial, States parties may, where appropriate, give preference to non judicial or parajudicial procedures for dealing with the offence, taking into account the cultural or customary background of the perpetrator, especially in the case of persons belonging to indigenous peoples. | Committee on the Elimination of Racial Discrimination | General Comment / Recommendation |
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| 2004 |