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Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 21
- Paragraph text
- The Committees urge States parties to take all necessary measures to ensure that all children are immediately registered at birth and issued birth certificates, irrespective of their migration status or that of their parents. Legal and practical obstacles to birth registration should be removed, including by prohibiting data sharing between health providers or civil servants responsible for registration with immigration enforcement authorities; and not requiring parents to produce documentation regarding their migration status. Measures should also be taken to facilitate late registration of birth and to avoid financial penalties for late registration. Children who have not been registered should be ensured equal access to health care, protection, education and other social services.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Children
- Families
- Infants
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 13f
- Paragraph text
- [In order to be functional and effective, child protection systems should:] Ensure that all providers of services to children and families (the public sector, civil society organizations) are held accountable through the effective regulation and monitoring, at all levels, of child protection standards.
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Effective Implementation of the OPSC 2010, para. 61
- Paragraph text
- Accordingly, most cases are settled amicably, between the victim's family and the perpetrator, without taking into account the views of the victim. The perpetrators thus get away with making amends in cash or in kind, or by marrying the victim (reparatory marriage).
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Families
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Post conflict and post disaster reconstruction and the right to adequate housing 2011, para. 44
- Paragraph text
- In the case of East Timor discussed earlier, the importance and value of direct participation of the affected population in re-establishing a system of housing, land and property rights in the aftermath of the 1999 referendum was emphasized from an early stage. A 2000 report to the United Nations indicated that the majority of Timorese interviewed during a fact-finding study had confirmed the importance of involvement of customary local dispute resolution structures in future land dispute resolution and adjudication mechanisms, on the grounds of their persisting legitimacy in spite of decades of conflict and dispossession and also their role as a valuable source of "information, including details of boundaries, levels of rights and history of acquisition and loss ". On the basis of these submissions from a broad range of Timorese, the report recommended that where feasible, existing local dispute resolution structures should be used as a crucial first step in dealing with land, housing and property disputes. This mediation could commence "at any of a number of levels, right down to the level of family meetings".
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
The right to freedom of opinion and expression exercised through the Internet 2011, para. 27
- Paragraph text
- In addition, the Special Rapporteur emphasizes that due to the unique characteristics of the Internet, regulations or restrictions which may be deemed legitimate and proportionate for traditional media are often not so with regard to the Internet. For example, in cases of defamation of individuals' reputation, given the ability of the individual concerned to exercise his/her right of reply instantly to restore the harm caused, the types of sanctions that are applied to offline defamation may be unnecessary or disproportionate. Similarly, while the protection of children from inappropriate content may constitute a legitimate aim, the availability of software filters that parents and school authorities can use to control access to certain content renders action by the Government such as blocking less necessary, and difficult to justify. Furthermore, unlike the broadcasting sector, for which registration or licensing has been necessary to allow States to distribute limited frequencies, such requirements cannot be justified in the case of the Internet, as it can accommodate an unlimited number of points of entry and an essentially unlimited number of users.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 15
- Paragraph text
- The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 12
- Paragraph text
- Consequently, child and family immigration detention should be prohibited by law and its abolishment ensured in policy and practice. Resources dedicated to detention should be diverted to non-custodial solutions carried out by competent child protection actors engaging with the child and, where applicable, his or her family. The measures offered to the child and the family should not imply any kind of child or family deprivation of liberty and should be based on an ethic of care and protection, not enforcement. They should focus on case resolution in the best interests of the child and provide all the material, social and emotional conditions necessary to ensure the comprehensive protection of the rights of the child, allowing for children’s holistic development. Independent public bodies, as well as civil society organizations, should be able to regularly monitor these facilities or measures. Children and families should have access to effective remedies in case any kind of immigration detention is enforced.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 11
- Paragraph text
- Instead, States should adopt solutions that fulfil the best interests of the child, along with their rights to liberty and family life, through legislation, policy and practices that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved and the children’s best interests are assessed, as well as before return. When children are unaccompanied, they are entitled to special protection and assistance by the State in the form of alternative care and accommodation in accordance with the Guidelines for the Alternative Care of Children When children are accompanied, the need to keep the family together is not a valid reason to justify the deprivation of liberty of a child. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty extends to the child’s parents and requires the authorities to choose non-custodial solutions for the entire family.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 15
- Paragraph text
- The Committees are of the view that States should ensure that their legislation, policies, measures and practices guarantee child-sensitive due process in all migration and asylum administrative and judicial proceedings affecting the rights of children and/or those of their parents. All children, including children accompanied by parents or other legal guardians, should be treated as individual rights holders, their child-specific needs considered equally and individually and their views appropriately heard and given due weight. They should have access to administrative and judicial remedies against decisions affecting their own situation or that of their parents, to guarantee that all decisions are taken in their best interests Measures should be taken to avoid undue delays in migration/asylum procedures that could negatively affect children’s rights, including family reunification procedures. Unless it is contrary to the child’s best interests, speedy proceedings should be encouraged, provided that this does not restrict any due process guarantees.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 12
- Paragraph text
- Consequently, child and family immigration detention should be prohibited by law and its abolishment ensured in policy and practice. Resources dedicated to detention should be diverted to non-custodial solutions carried out by competent child protection actors engaging with the child and, where applicable, his or her family. The measures offered to the child and the family should not imply any kind of child or family deprivation of liberty and should be based on an ethic of care and protection, not enforcement. They should focus on case resolution in the best interests of the child and provide all the material, social and emotional conditions necessary to ensure the comprehensive protection of the rights of the child, allowing for children’s holistic development. Independent public bodies, as well as civil society organizations, should be able to regularly monitor these facilities or measures. Children and families should have access to effective remedies in case any kind of immigration detention is enforced.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 4 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 23 (2017) of the Committee on the Rights of the Child on State obligations regarding the human rights of c ... 2017, para. 11
- Paragraph text
- Instead, States should adopt solutions that fulfil the best interests of the child, along with their rights to liberty and family life, through legislation, policy and practices that allow children to remain with their family members and/or guardians in non-custodial, community-based contexts while their immigration status is being resolved and the children’s best interests are assessed, as well as before return. When children are unaccompanied, they are entitled to special protection and assistance by the State in the form of alternative care and accommodation in accordance with the Guidelines for the Alternative Care of Children When children are accompanied, the need to keep the family together is not a valid reason to justify the deprivation of liberty of a child. When the child’s best interests require keeping the family together, the imperative requirement not to deprive the child of liberty extends to the child’s parents and requires the authorities to choose non-custodial solutions for the entire family.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 37
- Paragraph text
- States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 32k
- Paragraph text
- [The Committees stress that States parties should:] Develop and put into practice, with regard to unaccompanied children and children with families, a best-interests determination procedure aimed at identifying and applying comprehensive, secure and sustainable solutions, including further integration and settlement in the country of current residence, repatriation to the country of origin or resettlement in a third country. Such solutions may include medium-term options and ensuring that there are possibilities for children and families to gain access to secure residence status in the best interests of the child. Best-interest determination procedures should be guided by child protection authorities within child protection systems. Possible solutions and plans should be discussed and developed together with the child, in a child-friendly and sensitive manner, in accordance with Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to be heard;
- Body
- Committee on the Rights of the Child
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 37
- Paragraph text
- States parties should take all measures appropriate to fully promote and facilitate the participation of children, including providing them with the opportunity to be heard in any administrative or judicial proceeding related to their or their families’ cases, including any decision on care, shelter or migration status. Children should be heard independently of their parents, and their individual circumstances should be included in the consideration of the family’s cases. Specific best-interests assessments should be carried out in those procedures, and the child’s specific reasons for the migration should be taken into account. Regarding the significant relationship between the right to be heard and the best interests of the child, the Committee on the Rights of the Child has already stated that there can be no correct application of article 3 if the components of article 12 are not respected. Likewise, article 3 reinforces the functionality of article 12, facilitating the essential role of children in all decisions affecting their lives.
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Joint general comment No. 3 (2017) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on the general principles regarding the human rights ... 2017, para. 32k
- Paragraph text
- [The Committees stress that States parties should:] Develop and put into practice, with regard to unaccompanied children and children with families, a best-interests determination procedure aimed at identifying and applying comprehensive, secure and sustainable solutions, including further integration and settlement in the country of current residence, repatriation to the country of origin or resettlement in a third country. Such solutions may include medium-term options and ensuring that there are possibilities for children and families to gain access to secure residence status in the best interests of the child. Best-interest determination procedures should be guided by child protection authorities within child protection systems. Possible solutions and plans should be discussed and developed together with the child, in a child-friendly and sensitive manner, in accordance with Committee on the Rights of the Child general comment No. 12 (2009) on the right of the child to be heard;
- Body
- Committee on Migrant Workers
- Document type
- General Comment / Recommendation
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2014, para. 104
- Paragraph text
- Children's online protection calls for multidimensional and concerted prevention efforts, effective detection, reporting and prosecution of offences, and assistance to victims, including their recovery and reintegration. National authorities, families, schools, civil society and the corporate sector are key actors in this process, and children's empowerment and active contribution to their own protection lies at the heart of these efforts.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
SRSG on violence against children: Annual report 2013, para. 48
- Paragraph text
- The primary purpose of restorative justice is just that - to restore justice. Within families, schools, communities, organizations, civil society and the State, it provides peaceful conflict resolution and contributes to democratic peaceful societies. Restorative justice can take many forms, including mediation, conciliation, conferencing and sentencing circles. Common to all approaches is the focus on healing, respect and strengthened relationships.
- Body
- Special Representative of the Secretary-General on violence against children
- Document type
- SRSG report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Commissions of inquiry 2012, para. 51a
- Paragraph text
- [According to the Principles on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the main purposes of effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment are:] Clarification of the facts and establishment and acknowledgement of individual and State responsibility for victims and their families;
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
The death penalty and the prohibition of torture and cruel, inhuman and degrading treatment 2012, para. 40
- Paragraph text
- The method of firing squad has so far been considered as the fastest way of execution and as not causing severe pain and suffering. However, executions conducted in public often expose convicts to undignified and shameful displays of contempt and hatred. Conversely, secret executions violate the rights of the convict and family members to prepare for death.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Person(s) affected
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Impunity as a root cause of the prevalence of torture 2010, para. 75
- Paragraph text
- The ultimate aim must be to prevent acts of torture and ill-treatment before they occur. There are numerous methods of prevention that have been developed in the past, which, if adequately implemented by States, could easily eradicate torture: abolition of secret and incommunicado detention; proper registration of every detainee from the moment of arrest or apprehension; prompt access to legal counsel within 24 hours; access to relatives; prompt access to an independent judge; presumption of innocence; prompt and independent medical examination of all detainees; video/audio recording of all interrogations; no detention under the control of the interrogators or investigators for more than 48 hours; prompt, impartial and effective investigation of all allegations or suspicions of torture; inadmissibility of evidence obtained under torture; and effective training of all officials involved in the custody, interrogation and medical care of detainees. As previously emphasized by the Special Rapporteur and his predecessors, the most effective preventive measure against torture and ill-treatment is the regular inspection of places of detention. Regular inspections can ensure the adequate implementation of the above-mentioned safeguards against torture, create a strong deterrent effect and provide a means to generate timely and adequate responses to allegations of torture and ill-treatment by law enforcement officials.
- Body
- Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 38e
- Paragraph text
- [Any processes that enable the identification of child victims must be carried out in compliance with the principles outlined above and with standards that require the following:] Guaranteeing the safety of child victims, their families and witnesses by protecting them from any risk of harm, intimidation, reprisal or revictimization;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Violence
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Comprehensive child protection systems 2011, para. 31a
- Paragraph text
- [With regard to prevention, comprehensive legal frameworks should:] Ensure children's birth is registered. A birth record, because it certifies a child's age, allows appropriate legal steps to be taken to ensure the protection of the child and the punishment of the offender. Children whose birth has been registered are less likely to be sold or illegally adopted, in part because they have proof of who their parents are;
- Body
- Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Minorities in the criminal justice system 2015, para. 26
- Paragraph text
- States must ensure full compliance with the requirements of proportionality and strict necessity in any use of force against persons belonging to ethnic, national and other minorities, with intentional use of lethal force being restricted to situations where it is strictly unavoidable to save life. Victims, families and others who allege unlawful use of force must have access to impartial, independent and effective complaints mechanisms, and police officers involved must be held accountable, including criminally.
- Body
- Special Rapporteur on minority issues
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Ethnic minorities
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Developing the Global Compact on Migration 2016, para. 46b
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Development and implementation of rights-based alternatives to detention, especially for children and families with children;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Children
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 38
- Paragraph text
- Children in immigration detention will often be traumatized and have difficulty understanding why they are being "punished" despite having committed no crime. According to article 37 (b) of the Convention on the Rights of the Child, no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time. Article 37 (c) states that every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances. Article 37 (d) provides that every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. Children deprived of their liberty also have a right to appropriate medical treatment (art. 24), education (art. 28) and recreation and play (art. 31).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Work in progress, challenges and the way forward 2017, para. 37
- Paragraph text
- While these figures allow some trends to be discerned, it is important to bear in mind that they do not reflect cases not covered by the mandate. Many defenders and their families are unaware that they can contact the Special Rapporteur and, given the urgency of the situations concerned, they sometimes prefer to turn to mechanisms or organizations that provide very short-term solutions.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Families
- Year
- 2017
- Date added
- Aug 19, 2019
Paragraph
Workplan and Future Activities of the Special Rapporteur 2015, para. 57
- Paragraph text
- Human rights defenders are often exposed to the same threats and attacks, but some are more exposed or more threatened, or are subjected to particular attacks, in the form of smear campaigns, intimidation, stigmatization, threats to their families, defamation, accusations, ridicule or red tape.
- Body
- Special Rapporteur on the situation of human rights defenders
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Activists
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Contemporary challenges to freedom of expression 2016, para. 33
- Paragraph text
- Closely related to these grounds are charges under lese-majesty laws and both criminal and civil defamation. Thailand, for instance, regularly detains and prosecutes people on the grounds of criticizing the royal family, imposing sentences that may reach to decades. The Government argues that the law "gives protection to the rights or reputations" of members of the royal family "in a similar way libel law does for commoners", without acknowledging the high value placed on expression directed towards matters of politics, governance and public life. National laws also allow such prosecutions in other societies with royal families, such as in the Netherlands. Just as such laws that criminalize criticism of government officials or royalty are manifestly inconsistent with freedom of expression, and unjustifiable under article 19 (3), so too are laws that criminalize insults or criticism of foreign officials. In 2016, the Representative on Freedom of the Media of the Organization for Security and Cooperation in Europe urged Governments to repeal laws that shield foreign leaders from criticism solely because of their function or status. I share the concern of the Human Rights Council with respect to the "abuse of legal provisions on defamation and criminal libel" (see Council resolution 12/16) and believe that any criminal penalties or excessive civil penalties for defamation are generally inconsistent with article 19 and should be repealed.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2016
- Date added
- Aug 19, 2019
Paragraph
The use of encryption and anonymity to exercise the rights to freedom of opinion and expression in the digital age 2015, para. 16
- Paragraph text
- Encryption and anonymity provide individuals and groups with a zone of privacy online to hold opinions and exercise freedom of expression without arbitrary and unlawful interference or attacks. The previous mandate holder noted that the rights to "privacy and freedom of expression are interlinked" and found that encryption and anonymity are protected because of the critical role they can play in securing those rights (A/HRC/23/40 and Corr.1). Echoing article 12 of the Universal Declaration of Human Rights, article 17 of the International Covenant on Civil and Political Rights specifically protects the individual against "arbitrary or unlawful interference with his or her privacy, family, home or correspondence" and "unlawful attacks on his or her honour and reputation", and provides that "everyone has the right to the protection of the law against such interference or attacks". The General Assembly, the United Nations High Commissioner for Human Rights and special procedure mandate holders have recognized that privacy is a gateway to the enjoyment of other rights, particularly the freedom of opinion and expression (see General Assembly resolution 68/167, A/HRC/13/37 and Human Rights Council resolution 20/8).
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2015
- Date added
- Aug 19, 2019
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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. 25
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- The Human Rights Committee analysed the content of the right to privacy (art. 17) in its General Comment No. 16 (1988), according to which article 17 aims to protect individuals from any unlawful and arbitrary interferences with their privacy, family, home, or correspondence, and national legal frameworks must provide for the protection of this right. This provision imposes specific obligations relating to the protection of privacy in communications, underlining that "correspondence should be delivered to the addressee without interception and without being opened or otherwise read. "Surveillance, whether electronic or otherwise, interceptions of telephonic, telegraphic and other forms of communication, wire-tapping and recording of conversations, should be prohibited." The General Comment also indicates that "the gathering and holding of personal information on computers, data banks and other devices, whether by public authorities or private individuals or bodies, must be regulated by law." At the time this General Comment was adopted, the impact of advances in information and communications technologies on the right to privacy was barely understood.
- Body
- Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Families
- Year
- 2013
- Date added
- Aug 19, 2019
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