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Titre | Date ajouter | Modèle | Organe | Status juridique | Type de document | Année | Code du document | Document | Paragraph text | Thematics | Thèmes | Personnes concernées | Année |
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Different levels and types of services and the human rights to water and sanitation 2015, para. 38 | 19 août 2019 | Paragraph | Special Rapporteur on the human rights to safe drinking water and sanitation | Non-negotiated soft law | Special Procedures' report | [It also considers four broad categories of management models:] Self-supply. |
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| 2015 | ||||
Article 5 of the Convention on refugees and displaced persons 1996, para. 2 | 19 août 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Considering that the Universal Declaration of Human Rights and the Convention on the Elimination of All Forms of Racial Discrimination proclaim that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour, descent or national or ethnic origin, |
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| 1996 | ||||
Follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 2002, para. 1 | 19 août 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Welcoming the adoption of the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the provisions of General Assembly resolution 56/266 which endorse or are designed to ensure the follow-up of those instruments, |
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| 2002 | ||||
Discrimination against non-citizens 2004, para. 2 | 19 août 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Recalling the Durban Declaration in which the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, recognized that xenophobia against non nationals, particularly migrants, refugees and asylum-seekers, constitutes one of the main sources of contemporary racism and that human rights violations against members of such groups occur widely in the context of discriminatory, xenophobic and racist practices, |
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| 2004 | ||||
Follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance 2002, para. 4 | 19 août 2019 | Paragraph | Committee on the Elimination of Racial Discrimination | Non-negotiated soft law | General Comment / Recommendation | Noting in particular the affirmation in the Durban Declaration that universal adherence to and full implementation of the International Convention on the Elimination of All Forms of Racial Discrimination are of paramount importance for promoting equality and non discrimination in the world, |
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| 2002 | ||||
Technical advisory services for reporting obligations 1990, para. 4 | 19 août 2019 | Paragraph | Committee on the Elimination of Discrimination against Women | Non-negotiated soft law | General Comment / Recommendation | Welcoming the request in General Assembly resolution 43/115, paragraph 9, that the Secretary-General should arrange, within existing resources and taking into account the priorities of the programme of advisory services, further training courses for those countries experiencing the most serious difficulties in meeting their reporting obligations under international instruments on human rights, |
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| 1990 | ||||
Implementation of article 14 by States parties 2012, para. 28 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee strongly encourages States parties to recognize the Committee's competence to consider individual complaints under article 22 to allow victims to submit communications and seek the views of the Committee. The Committee furthermore encourages States parties to ratify or accede to the Optional Protocol to the Convention against Torture in order to strengthen preventive measures against torture and ill-treatment. |
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| 2012 | ||||
Article 9: Right to liberty and security of persons 1982, para. 2 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | Paragraph 3 of article 9 requires that in criminal cases any person arrested or detained has to be brought "promptly" before a judge or other officer authorized by law to exercise judicial power. More precise time limits are fixed by law in most States parties and, in the view of the Committee, delays must not exceed a few days. Many States have given insufficient information about the actual practices in this respect. |
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| 1982 | ||||
Article 10: Humane treatment of persons deprived of liberty 1982, para. 1b | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | The humane treatment and the respect for the dignity of all persons deprived of their liberty is a basic standard of universal application which cannot depend entirely on material resources. While the Committee is aware that in other respects the modalities and conditions of detention may vary with the available resources, they must always be applied without discrimination, as required by article 2 (1). |
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| 1982 | ||||
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 3 | 19 août 2019 | Paragraph | Committee on the Rights of the Child | Non-negotiated soft law | General Comment / Recommendation | Addressing the widespread acceptance or tolerance of corporal punishment of children and eliminating it, in the family, schools and other settings, is not only an obligation of States parties under the Convention. It is also a key strategy for reducing and preventing all forms of violence in societies. |
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| 2006 | ||||
Persons with Disabilities 1994, para. 36 | 19 août 2019 | Paragraph | Committee on Social, Economic and Cultural Rights | Non-negotiated soft law | General Comment / Recommendation | The Standard Rules provide that "States should ensure that persons with disabilities have the opportunity to utilize their creative, artistic and intellectual potential, not only for their own benefit, but also for the enrichment of their community, be they in urban or rural areas. ... States should promote the accessibility to and availability of places for cultural performances and services ...". The same applies to places for recreation, sports and tourism. |
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| 1994 | ||||
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 59 | 19 août 2019 | Paragraph | Committee on the Rights of the Child | Non-negotiated soft law | General Comment / Recommendation | International cooperation: The Committee encourages international cooperation in the realization of the rights provided for in article 31 through the active engagement of United Nations agencies including UNICEF, UNESCO, UNHCR, UN Habitat, UNOSDP, UNDP, UNEP and WHO, as well as international, national and local NGOs. |
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| 2013 | ||||
Article 14: Administration of justice 1984, para. 12 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | Subparagraph 3 (e) states that the accused shall be entitled to examine or have examined the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him. This provision is designed to guarantee to the accused the same legal powers of compelling the attendance of witnesses and of examining or cross examining any witnesses as are available to the prosecution. |
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| 1984 | ||||
Article 12: Freedom of movement 1999, para. 5 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | The right to move freely relates to the whole territory of a State, including all parts of federal States. According to article 12, paragraph 1, persons are entitled to move from one place to another, and to establish themselves in a place of their choice. The enjoyment of this right must not be made dependent on any particular purpose or reason for the person wanting to move or to stay in a place. Any restrictions must be in conformity with paragraph 3. |
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| 1999 | ||||
The right of the child to protection from corporal punishment and other cruel and degrading forms of punishment 2006, para. 19 | 19 août 2019 | Paragraph | Committee on the Rights of the Child | Non-negotiated soft law | General Comment / Recommendation | In addition, article 28, paragraph 2, of the Convention refers to school discipline and requires States parties to "take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention". |
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| 2006 | ||||
Implementation of article 2 by States parties 2008, para. 2 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | Article 2, paragraph 1, obliges each State party to take actions that will reinforce the prohibition against torture through legislative, administrative, judicial, or other actions that must, in the end, be effective in preventing it. To ensure that measures are in fact taken that are known to prevent or punish any acts of torture, the Convention outlines in subsequent articles obligations for the State party to take measures specified therein. |
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| 2008 | ||||
Article 14: Administration of justice 1984, para. 13 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | Subparagraph 3 (f) provides that if the accused cannot understand or speak the language used in court he is entitled to the assistance of an interpreter free of any charge. This right is independent of the outcome of the proceedings and applies to aliens as well as to nationals. It is of basic importance in cases in which ignorance of the language used by a court or difficulty in understanding may constitute a major obstacle to the right of defence. |
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| 1984 | ||||
Article 12: Freedom of movement 1999, para. 13 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | In adopting laws providing for restrictions permitted by article 12, paragraph 3, States should always be guided by the principle that the restrictions must not impair the essence of the right (cf. art 5, para. 1); the relation between right and restriction, between norm and exception, must not be reversed. The laws authorizing the application of restrictions should use precise criteria and may not confer unfettered discretion on those charged with their execution. |
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| 1999 | ||||
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 14 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | Equality before courts and tribunals also requires that similar cases are dealt with in similar proceedings. If, for example, exceptional criminal procedures or specially constituted courts or tribunals apply in the determination of certain categories of cases, objective and reasonable grounds must be provided to justify the distinction. |
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| 2007 | ||||
Article 9: Liberty and security of person 2014, para. 45 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | Paragraph 4 entitles the individual to take proceedings before "a court," which should ordinarily be a court within the judiciary. Exceptionally, for some forms of detention, legislation may provide for proceedings before a specialized tribunal, which must be established by law and must either be independent of the executive and legislative branches or enjoy judicial independence in deciding legal matters in proceedings that are judicial in nature. |
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| 2014 | ||||
Women and health 1999, para. 15c | 19 août 2019 | Paragraph | Committee on the Elimination of Discrimination against Women | Non-negotiated soft law | General Comment / Recommendation | [The obligation to protect rights relating to women's health requires States parties, their agents and officials to take action to prevent and impose sanctions for violations of rights by private persons and organizations. Since gender-based violence is a critical health issue for women, States parties should ensure:] Fair and protective procedures for hearing complaints and imposing appropriate sanctions on health-care professionals guilty of sexual abuse of women patients; |
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| 1999 | ||||
The right of the child to rest, leisure, play, recreational activities, cultural life and the arts 2013, para. 41 | 19 août 2019 | Paragraph | Committee on the Rights of the Child | Non-negotiated soft law | General Comment / Recommendation | [Pressure for educational achievement: Many children in many parts of the world are being denied their rights under article 31 as a consequence of an emphasis on formal academic success. For example:] The use of formal or didactic educational methods in the classroom do not take advantage of opportunities for active playful learning; |
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| 2013 | ||||
Implementation of article 14 by States parties 2012, para. 12 | 19 août 2019 | Paragraph | Committee against Torture | Non-negotiated soft law | General Comment / Recommendation | The Committee emphasizes that the obligation of States parties to provide the means for "as full rehabilitation as possible" refers to the need to restore and repair the harm suffered by a victim whose life situation, including dignity, health and self-sufficiency may never be fully recovered as a result of the pervasive effect of torture. The obligation does not relate to the available resources of States parties and may not be postponed. |
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| 2012 | ||||
Article 25: The right to participate in public affairs, voting rights and the right of equal access to public service 1996, para. 8 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | Citizens also take part in the conduct of public affairs by exerting influence through public debate and dialogue with their representatives or through their capacity to organize themselves. This participation is supported by ensuring freedom of expression, assembly and association. |
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| 1996 | ||||
Article 12: Freedom of movement 1999, para. 20 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | The wording of article 12, paragraph 4, does not distinguish between nationals and aliens ("no one"). Thus, the persons entitled to exercise this right can be identified only by interpreting the meaning of the phrase "his own country". The scope of "his own country" is broader than the concept "country of his nationality". It is not limited to nationality in a formal sense, that is, nationality acquired at birth or by conferral; it embraces, at the very least, an individual who, because of his or her special ties to or claims in relation to a given country, cannot be considered to be a mere alien. This would be the case, for example, of nationals of a country who have there been stripped of their nationality in violation of international law and of individuals whose country of nationality has been incorporated into or transferred to another national entity whose nationality is being denied them. The language of article 12, paragraph 4, moreover, permits a broader interpretation that might embrace other categories of long-term residents, including but not limited to stateless persons arbitrarily deprived of the right to acquire the nationality of the country of such residence. Since other factors may in certain circumstances result in the establishment of close and enduring connections between a person and a country, States parties should include in their reports information on the rights of permanent residents to return to their country of residence. |
| 1999 | |||||
Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 60 | 19 août 2019 | Paragraph | Human Rights Committee
| Non-negotiated soft law | General Comment / Recommendation | To ill-treat persons against whom criminal charges are brought and to force them to make or sign, under duress, a confession admitting guilt violates both article 7 of the Covenant prohibiting torture and inhuman, cruel or degrading treatment and article 14, paragraph 3 (g) prohibiting compulsion to testify against oneself or confess guilt. |
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| 2007 | ||||
Equality in marriage and family relations 1994, para. 23 | 19 août 2019 | Paragraph | Committee on the Elimination of Discrimination against Women | Non-negotiated soft law | General Comment / Recommendation | There is general agreement that where there are freely available appropriate measures for the voluntary regulation of fertility, the health, development and well-being of all members of the family improve. Moreover, such services improve the general quality of life and health of the population, and the voluntary regulation of population growth helps preserve the environment and achieve sustainable economic and social development. |
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| 1994 | ||||
Temporary special measures 2004, para. 21 | 19 août 2019 | Paragraph | Committee on the Elimination of Discrimination against Women | Non-negotiated soft law | General Comment / Recommendation | The term "special", though being in conformity with human rights discourse, also needs to be carefully explained. Its use sometimes casts women and other groups who are subject to discrimination as weak, vulnerable and in need of extra or "special" measures in order to participate or compete in society. However, the real meaning of "special" in the formulation of article 4, paragraph 1, is that the measures are designed to serve a specific goal. |
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| 2004 | ||||
Economic consequences of marriage, family relations and their dissolution 2013, para. 14 | 19 août 2019 | Paragraph | Committee on the Elimination of Discrimination against Women | Non-negotiated soft law | General Comment / Recommendation | The Committee has consistently expressed concern that identity-based personal status laws and customs perpetuate discrimination against women and that the preservation of multiple legal systems is in itself discriminatory against women. The lack of individual choice relating to the application or observance of particular laws and customs exacerbates this discrimination. |
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| 2013 | ||||
Women in conflict prevention, conflict and post-conflict situations 2013, para. 8 | 19 août 2019 | Paragraph | Committee on the Elimination of Discrimination against Women | Non-negotiated soft law | General Comment / Recommendation | The Committee reiterates general recommendation No. 28 to the effect that the obligations of States parties also apply extraterritorially to persons within their effective control, even if not situated within their territory, and that States parties are responsible for all their actions affecting human rights, regardless of whether the affected persons are in their territory. |
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| 2013 |