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African Charter on Democracy, Elections and Governance 2007, para. undefined
- Paragraph text
- Concerned about the unconstitutional changes of governments that are one of the essential causes of insecurity, instability and violent conflict in Africa;
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 3
- Paragraph text
- State Parties agree that the use of, inter alia, the following illegal means of accessing or maintaining power constitute an unconstitutional change of government and shall draw appropriate sanctions by the Union: Any replacement of a democratically elected government by armed dissidents or rebels.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 2
- Paragraph text
- State Parties shall promote solidarity amongst Member States and support the conflict prevention and resolution initiatives that the Union may undertake in conformity with the Protocol establishing the Peace and Security Council.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2007
Paragraphe
African Charter on Democracy, Elections and Governance 2007, para. 1
- Paragraph text
- State Parties shall strengthen and institutionalize constitutional civilian control over the armed and security forces to ensure the consolidation of democracy and constitutional order.
- Organe
- African Union
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2007
Paragraphe
Integrating a gender perspective in post-disaster relief, recovery, rehabilitation and reconstruction efforts, including in the aftermath of the Indian Ocean tsunami disaster 2005, para. 10
- Paragraph text
- Welcoming the response, support and assistance by the affected countries and the international community in the relief, recovery, rehabilitation and reconstruction efforts, which reflect the spirit of national as well as international solidarity and cooperation in addressing the recent tsunami disaster and other disasters,
- Organe
- Commission de la condition de la femme
- Type de document
- Resolution
- Thèmes
- Gender
- Humanitarian
- Personnes concernées
- All
- Persons on the move
- Année
- 2005
Paragraphe
Health, morbidity, mortality and development 2010, para. 25
- Paragraph text
- Further underlines the need of people living in situations of armed conflict and foreign occupation for a functioning public-health system, including access to health care and services;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2010
Paragraphe
Fertility, reproductive health and development 2011, para. 33
- Paragraph text
- Further underlines the need of people living in situations of armed conflict and foreign occupation for a functioning public-health system, including access to health care and services;
- Organe
- Commission on Population and Development
- Type de document
- Resolution
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2011
Paragraphe
Implementation of article 2 by States parties 2008, para. 5
- Paragraph text
- Article 2, paragraph 2, provides that the prohibition against torture is absolute and non-derogable. It emphasizes that no exceptional circumstances whatsoever may be invoked by a State Party to justify acts of torture in any territory under its jurisdiction. The Convention identifies as among such circumstances a state of war or threat thereof, internal political instability or any other public emergency. This includes any threat of terrorist acts or violent crime as well as armed conflict, international or non-international. The Committee is deeply concerned at and rejects absolutely any efforts by States to justify torture and ill-treatment as a means to protect public safety or avert emergencies in these and all other situations. Similarly, it rejects any religious or traditional justification that would violate this absolute prohibition. The Committee considers that amnesties or other impediments which preclude or indicate unwillingness to provide prompt and fair prosecution and punishment of perpetrators of torture or ill-treatment violate the principle of non-derogability.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2008
Paragraphe
Implementation of article 14 by States parties 2012, para. 37
- Paragraph text
- A crucial component of the right to redress is the clear acknowledgement by the State party concerned that the reparative measures provided or awarded to a victim are for violations of the Convention, by action or omission. The Committee is therefore of the view that a State party may not implement development measures or provide humanitarian assistance as a substitute for redress for victims of torture or ill-treatment. The failure of a State party to provide the individual victim of torture with redress may not be justified by invoking a State's level of development. The Committee recalls that subsequent governments as well as successor States still have the obligation to guarantee access to the right of redress.
- Organe
- Committee against Torture
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2012
Paragraphe
The right to the highest attainable standard of health (Art. 12) 2000, para. 16
- Paragraph text
- The prevention, treatment and control of epidemic, endemic, occupational and other diseases (art. 12.2 (c)) requires the establishment of prevention and education programmes for behaviour-related health concerns such as sexually transmitted diseases, in particular HIV/AIDS, and those adversely affecting sexual and reproductive health, and the promotion of social determinants of good health, such as environmental safety, education, economic development and gender equity. The right to treatment includes the creation of a system of urgent medical care in cases of accidents, epidemics and similar health hazards, and the provision of disaster relief and humanitarian assistance in emergency situations. The control of diseases refers to States' individual and joint efforts to, inter alia, make available relevant technologies, using and improving epidemiological surveillance and data collection on a disaggregated basis, the implementation or enhancement of immunization programmes and other strategies of infectious disease control.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Health
- Humanitarian
- Personnes concernées
- All
- Année
- 2000
Paragraphe
The right to adequate food (Art. 11) 1999, para. 5
- Paragraph text
- Despite the fact that the international community has frequently reaffirmed the importance of full respect for the right to adequate food, a disturbing gap still exists between the standards set in article 11 of the Covenant and the situation prevailing in many parts of the world. More than 840 million people throughout the world, most of them in developing countries, are chronically hungry; millions of people are suffering from famine as the result of natural disasters, the increasing incidence of civil strife and wars in some regions and the use of food as a political weapon. The Committee observes that while the problems of hunger and malnutrition are often particularly acute in developing countries, malnutrition, under-nutrition and other problems which relate to the right to adequate food and the right to freedom from hunger, also exist in some of the most economically developed countries. Fundamentally, the roots of the problem of hunger and malnutrition are not lack of food but lack of access to available food, inter alia because of poverty, by large segments of the world's population
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Poverty
- Personnes concernées
- All
- Année
- 1999
Paragraphe
The right to adequate food (Art. 11) 1999, para. 19
- Paragraph text
- Violations of the right to food can occur through the direct action of States or other entities insufficiently regulated by States. These include: the formal repeal or suspension of legislation necessary for the continued enjoyment of the right to food; denial of access to food to particular individuals or groups, whether the discrimination is based on legislation or is proactive; the prevention of access to humanitarian food aid in internal conflicts or other emergency situations; adoption of legislation or policies which are manifestly incompatible with pre-existing legal obligations relating to the right to food; and failure to regulate activities of individuals or groups so as to prevent them from violating the right to food of others, or the failure of a State to take into account its international legal obligations regarding the right to food when entering into agreements with other States or with international organizations.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Food & Nutrition
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 1999
Paragraphe
The right to water (Art. 11 and 12) 2002, para. 21
- Paragraph text
- The obligation to respect requires that States parties refrain from interfering directly or indirectly with the enjoyment of the right to water. The obligation includes, inter alia, refraining from engaging in any practice or activity that denies or limits equal access to adequate water; arbitrarily interfering with customary or traditional arrangements for water allocation; unlawfully diminishing or polluting water, for example through waste from State-owned facilities or through use and testing of weapons; and limiting access to, or destroying, water services and infrastructure as a punitive measure, for example, during armed conflicts in violation of international humanitarian law
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Environment
- Governance & Rule of Law
- Humanitarian
- Water & Sanitation
- Personnes concernées
- All
- Année
- 2002
Paragraphe
The right to social security (Art. 9) 2007, para. 50
- Paragraph text
- States parties are also obliged to provide the right to social security when individuals or a group are unable, on grounds reasonably considered to be beyond their control, to realize that right themselves, within the existing social security system with the means at their disposal. States parties will need to establish non-contributory schemes or other social assistance measures to provide support to those individuals and groups who are unable to make sufficient contributions for their own protection. Special attention should be given to ensuring that the social security system can respond in times of emergency, for example during and after natural disasters, armed conflict and crop failure.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Humanitarian
- Social & Cultural Rights
- Personnes concernées
- All
- Année
- 2007
Paragraphe
The relationship between economic sanctions and respect for economic, social and cultural rights 1997, para. 4
- Paragraph text
- In considering sanctions, it is essential to distinguish between the basic objective of applying political and economic pressure upon the governing élite of the country to persuade them to conform to international law, and the collateral infliction of suffering upon the most vulnerable groups within the targeted country. For that reason, the sanctions regimes established by the Security Council now include humanitarian exemptions designed to permit the flow of essential goods and services destined for humanitarian purposes. It is commonly assumed that these exemptions ensure basic respect for economic, social and cultural rights within the targeted country.
- Organe
- Committee on Social, Economic and Cultural Rights
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 1997
Paragraphe
Establishment of an international tribunal to prosecute crimes against humanity 1994, para. 1
- Paragraph text
- Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world,
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 1994
Paragraphe
Establishment of national institutions to facilitate the implementation of the Convention 1993, para. 1
- Paragraph text
- Alarmed at the increasing number of racially and ethnically motivated massacres and atrocities occurring in different regions of the world,
- Organe
- Committee on the Elimination of Racial Discrimination
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 1993
Paragraphe
The right of the child to freedom from all forms of violence 2011, para. 72h
- Paragraph text
- [Elements to be mainstreamed into national coordinating frameworks. The following elements need to be mainstreamed across the measures (legislative, administrative, social and educational) and stages of intervention (from prevention through to recovery and reintegration):] Resource allocation. Human, financial and technical resources needed across different sectors must be allocated to the maximum extent of available resources. Robust monitoring mechanisms must be developed and implemented to ensure accountability regarding allocation of budgets and their efficient utilization;
- Organe
- Committee on the Rights of the Child
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Children
- Année
- 2011
Paragraphe
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 3
- Paragraph text
- 3. Any High Contracting Party availing itself of this right of derogation shall keep the Secretary General of the Council of Europe fully informed of the measures which it has taken and the reasons therefor. It shall also inform the Secretary General of the Council of Europe when such measures have ceased to operate and the provisions of the Convention are again being fully executed.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 1950
Paragraphe
European Social Charter (Revised) 1996, para. 2
- Paragraph text
- 2. Any Party which has availed itself of this right of derogation shall, within a reasonable lapse of time, keep the Secretary General of the Council of Europe fully informed of the measures taken and of the reasons therefor. It shall likewise inform the Secretary General when such measures have ceased to operate and the provisions of the Charter which it has accepted are again being fully executed.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 1996
Paragraphe
Convention for the Protection of Human Rights and Fundamental Freedoms 1950, para. 2
- Paragraph text
- 2. No derogation from Article 2, except in respect of deaths resulting from lawful acts of war, or from Articles 3, 4 (paragraph 1) and 7 shall be made under this provision.
- Organe
- Council of Europe
- Type de document
- Regional treaty
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 1950
Paragraphe
General Conclusion On International Protection 2008, para. 2
- Paragraph text
- Urging UNHCR and its partners to continue to draw appropriately upon relevant international humanitarian and human rights law and, in cooperation with States, to adopt a rights- and community-based approach in engaging constructively with individual persons of concern and their communities in their work, including through partnership with relevant international and national human rights, humanitarian and development organizations and the active and inclusive participation of persons of concern,
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2008
Paragraphe
General Conclusion On International Protection 2003, para. (s)
- Paragraph text
- Acknowledges the importance of early and effective registration systems and censuses as a tool of protection and as a means to enable the quantification and assessment of needs for the provision and distribution of humanitarian assistance and to implement appropriate durable solutions;
- Organe
- Executive Committee of the Programme of the United Nations High Commissioner for Refugees
- Type de document
- ExCom Conclusion
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- N.A.
- Année
- 2003
Paragraphe
Article 4: States of Emergency 2001, para. 8
- Paragraph text
- According to article 4, paragraph 1, one of the conditions for the justifiability of any derogation from the Covenant is that the measures taken do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin. Even though article 26 or the other Covenant provisions related to non-discrimination (articles 2, 3, 14, paragraph 1, 23, paragraph 4, 24, paragraph 1, and 25) have not been listed among the non-derogable provisions in article 4, paragraph 2, there are elements or dimensions of the right to non-discrimination that cannot be derogated from in any circumstances. In particular, this provision of article 4, paragraph 1, must be complied with if any distinctions between persons are made when resorting to measures that derogate from the Covenant.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Equality & Inclusion
- Humanitarian
- Personnes concernées
- All
- Année
- 2001
Paragraphe
Article 4: States of Emergency 2001, para. 16
- Paragraph text
- Safeguards related to derogation, as embodied in article 4 of the Covenant, are based on the principles of legality and the rule of law inherent in the Covenant as a whole. As certain elements of the right to a fair trial are explicitly guaranteed under international humanitarian law during armed conflict, the Committee finds no justification for derogation from these guarantees during other emergency situations. The Committee is of the opinion that the principles of legality and the rule of law require that fundamental requirements of fair trial must be respected during a state of emergency. Only a court of law may try and convict a person for a criminal offence. The presumption of innocence must be respected. In order to protect non-derogable rights, the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention, must not be diminished by a State party's decision to derogate from the Covenant.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2001
Paragraphe
Article 14: Administration of justice 1984, para. 4
- Paragraph text
- The provisions of article 14 apply to all courts and tribunals within the scope of that article whether ordinary or specialized. The Committee notes the existence, in many countries, of military or special courts which try civilians. This could present serious problems as far as the equitable, impartial and independent administration of justice is concerned. Quite often the reason for the establishment of such courts is to enable exceptional procedures to be applied which do not comply with normal standards of justice. While the Covenant does not prohibit such categories of courts, nevertheless the conditions which it lays down clearly indicate that the trying of civilians by such courts should be very exceptional and take place under conditions which genuinely afford the full guarantees stipulated in article 14. The Committee has noted a serious lack of information in this regard in the reports of some States parties whose judicial institutions include such courts for the trying of civilians. In some countries such military and special courts do not afford the strict guarantees of the proper administration of justice in accordance with the requirements of article 14 which are essential for the effective protection of human rights. If States parties decide in circumstances of a public emergency as contemplated by article 4 to derogate from normal procedures required under article 14, they should ensure that such derogations do not exceed those strictly required by the exigencies of the actual situation, and respect the other conditions in paragraph 1 of article 14.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 1984
Paragraphe
Article 7: Prohibition of torture, or other cruel, inhuman or degrading treatment or punishment - replaces GC No. 7 1992, para. 3
- Paragraph text
- The text of article 7 allows of no limitation. The Committee also reaffirms that, even in situations of public emergency such as those referred to in article 4 of the Covenant, no derogation from the provision of article 7 is allowed and its provisions must remain in force. The Committee likewise observes that no justification or extenuating circumstances may be invoked to excuse a violation of article 7 for any reasons, including those based on an order from a superior officer or public authority.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 1992
Paragraphe
Article 6: The right to life 1982, para. 2
- Paragraph text
- The Committee observes that war and other acts of mass violence continue to be a scourge of humanity and take the lives of thousands of innocent human beings every year. Under the Charter of the United Nations the threat or use of force by any State against another State, except in exercise of the inherent right of self-defence, is already prohibited. The Committee considers that States have the supreme duty to prevent wars, acts of genocide and other acts of mass violence causing arbitrary loss of life. Every effort they make to avert the danger of war, especially thermonuclear war, and to strengthen international peace and security would constitute the most important condition and guarantee for the safeguarding of the right to life. In this respect, the Committee notes, in particular, a connection between article 6 and article 20, which states that the law shall prohibit any propaganda for war (para. 1) or incitement to violence (para. 2) as therein described.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Humanitarian
- Violence
- Personnes concernées
- All
- Année
- 1982
Paragraphe
Article 7: Torture or cruel, inhuman or degrading treatment or punishment - replaced by GC No. 20 1982, para. 1
- Paragraph text
- In examining the reports of States parties, members of the Committee have often asked for further information under article 7 which prohibits, in the first place, torture or cruel, inhuman or degrading treatment or punishment. The Committee recalls that even in situations of public emergency such as are envisaged by article 4 (1) this provision is non-derogable under article 4 (2). Its purpose is to protect the integrity and dignity of the individual. The Committee notes that it is not sufficient for the implementation of this article to prohibit such treatment or punishment or to make it a crime. Most States have penal provisions which are applicable to cases of torture or similar practices. Because such cases nevertheless occur, it follows from article 7, read together with article 2 of the Covenant, that States must ensure an effective protection through some machinery of control. Complaints about ill-treatment must be investigated effectively by competent authorities. Those found guilty must be held responsible, and the alleged victims must themselves have effective remedies at their disposal, including the right to obtain compensation. Among the safeguards which may make control effective are provisions against detention incommunicado, granting, without prejudice to the investigation, persons such as doctors, lawyers and family members access to the detainees; provisions requiring that detainees should be held in places that are publicly recognized and that their names and places of detention should be entered in a central register available to persons concerned, such as relatives; provisions making confessions or other evidence obtained through torture or other treatment contrary to article 7 inadmissible in court; and measures of training and instruction of law enforcement officials not to apply such treatment.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Civil & Political Rights
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Families
- Année
- 1982
Paragraphe
Article 4: States of Emergency 2001, para. 13a
- Paragraph text
- [In those provisions of the Covenant that are not listed in article 4, paragraph 2, there are elements that in the Committee's opinion cannot be made subject to lawful derogation under article 4. Some illustrative examples are presented below.] All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. Although this right, prescribed in article 10 of the Covenant, is not separately mentioned in the list of non-derogable rights in article 4, paragraph 2, the Committee believes that here the Covenant expresses a norm of general international law not subject to derogation. This is supported by the reference to the inherent dignity of the human person in the preamble to the Covenant and by the close connection between articles 7 and 10.
- Organe
- Human Rights Committee
- Type de document
- General Comment / Recommendation
- Thèmes
- Governance & Rule of Law
- Humanitarian
- Personnes concernées
- All
- Année
- 2001
Paragraphe