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24650 results in Public International Law

Page 378 of 1233

  • 98 - Arab Charter on Human Rights, 2004

  • from Part XI - Organisation of Islamic Cooperation, Arab and Islamic States
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 784-797

  • Summary

    Noted: Adopted by the League of Arab States, 22 May 2004. Entry into force: 15 March 2008. It should be noted that there are a number of differing translations from the authentic Arabic text into English. The English version reproduced is probably the most widely used.

    Based on the faith of the Arab nation in the dignity of the human person whom God has exalted ever since the beginning of creation and in the fact that the Arab homeland is the cradle of religions and civilizations whose lofty human values affirm the human right to a decent life based on freedom, justice and equality,

    In furtherance of the eternal principles of fraternity, equality and tolerance among human beings consecrated by the noble Islamic religion and the other divinely-revealed religions,

    Being proud of the humanitarian values and principles that the Arab nation has established throughout its long history, which have played a major role in spreading knowledge between East and West, so making the region a point of reference for the whole world and a destination for seekers of knowledge and wisdom,

    Believing in the unity of the Arab nation, which struggles for its freedom and defends the right of nations to self-determination, to the preservation of their wealth and to development; believing in the sovereignty of the law and its contribution to the protection of universal and interrelated human rights and convinced that the human person's enjoyment of freedom, justice and equality of opportunity is a fundamental measure of the value of any society,

    Rejecting all forms of racism and Zionism, which constitute a violation of human rights and a threat to international peace and security, recognizing the close link that exists between human rights and international peace and security, reaffirming the principles of the Charter of the United Nations, the Universal Declaration of Human Rights and the provisions of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, and having regard to the Cairo Declaration on Human Rights in Islam,

  • 32 - United Nations Principles for Older Persons, 1991

  • from Part II - Declarations, Standard Setting and other Relevant Documents Adopted under the Auspices of the United Nations Relating Directly to Human Rights Issues
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 281-283

  • Summary

    Note: The United Nations Principles for Older Persons were adopted by General Assembly Resolution 46/91 on 16 December 1991.

    The General Assembly,

    Appreciating the contribution that older persons make to their societies,

    Recognizing that, in the Charter of the United Nations, the peoples of the United Nations declare, inter alia, their determination to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small and to promote social progress and better standards of life in larger freedom,

    Noting the elaboration of those rights in the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights and other declarations to ensure the application of universal standards to particular groups,

    In pursuance of the International Plan of Action on Ageing, adopted by the World Assembly on Ageing and endorsed by the General Assembly in its resolution 37/51 of 3 December 1982,

    Appreciating the tremendous diversity in the situation of older persons, not only between countries but within countries and between individuals, which requires a variety of policy responses,

    Aware that in all countries, individuals are reaching an advanced age in greater numbers and in better health than ever before,

    Aware of the scientific research disproving many stereotypes about inevitable and irreversible declines with age,

    Convinced that in a world characterized by an increasing number and proportion of older persons, opportunities must be provided for willing and capable older persons to participate in and contribute to the ongoing activities of society,

    Mindful that the strains on family life in both developed and developing countries require support for those providing care to frail older persons,

    Bearing in mind the standards already set by the International Plan of Action on Ageing and the conventions, recommendations and resolutions of the International Labour Organization, the World Health Organization and other United Nations entities,

  • 42 - UN Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, 2011

  • from Part II - Declarations, Standard Setting and other Relevant Documents Adopted under the Auspices of the United Nations Relating Directly to Human Rights Issues
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 348-354

  • Summary

    Note: Report of the Special Representative of the Secretary General on the issue of human rights and transnational corporations and other business enterprises, John Ruggie, 21 March 2011, A/HRC/17/31. The Human Rights Council endorsed the Guiding Principles in Resolution 17/4, 16 June 2011. The principles have been reproduced without the commentary.

    GENERAL PRINCIPLES

    These Guiding Principles are grounded in recognition of:

  • (a) States’ existing obligations to respect, protect and fulfil human rights and fundamental freedoms;

  • (b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;

  • (c) The need for rights and obligations to be matched to appropriate and effective remedies when breached.

    • These Guiding Principles apply to all States and to all business enterprises, both transnational and others, regardless of their size, sector, location, ownership and structure.

    These Guiding Principles should be understood as a coherent whole and should be read, individually and collectively, in terms of their objective of enhancing standards and practices with regard to business and human rights so as to achieve tangible results for affected individuals and communities, and thereby also contributing to a socially sustainable globalization.

    Nothing in these Guiding Principles should be read as creating new international law obligations, or as limiting or undermining any legal obligations a State may have undertaken or be subject to under international law with regard to human rights.

    These Guiding Principles should be implemented in a non-discriminatory manner, with particular attention to the rights and needs of, as well as the challenges faced by, individuals from groups or populations that may be at heightened risk of becoming vulnerable or marginalized, and with due regard to the different risks that may be faced by women and men.

    I. THE STATE DUTY TO PROTECT HUMAN RIGHTS

    A. Foundational principles

  • States must protect against human rights abuse within their territory and/or jurisdiction by third parties, including business enterprises. This requires taking appropriate steps to prevent, investigate, punish and redress such abuse through effective policies, legislation, regulations and adjudication.

  • States should set out clearly the expectation that all business enterprises domiciled in their territory and/or jurisdiction respect human rights throughout their operations.

  • 73 - Terms of Reference of the ASEAN Intergovernmental Commission on Human Rights, 2009

  • from Part VIII - Association of Southeast Asian Nations (ASEAN) Documents
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 623-628

  • Summary

    Note: Adopted Cha-am Hua Hin, Thailand, 23 October 2009.

    Pursuant to Article 14 of the ASEAN Charter, the ASEAN Intergovernmental Commission on Human Rights (AICHR) shall operate in accordance with the following Terms of Reference (TOR):

    1. PURPOSES

    The purposes of the AICHR are:

  • 1 To promote and protect human rights and fundamental freedoms of the peoples of ASEAN;

  • 2 To uphold the right of the peoples of ASEAN to live in peace, dignity and prosperity;

  • 3 To contribute to the realisation of the purposes of ASEAN as set out in the ASEAN Charter in order to promote stability and harmony in the region, friendship and cooperation among ASEAN Member States, as well as the well-being, livelihood, welfare and participation of ASEAN peoples in the ASEAN Community building process;

  • 4 To promote human rights within the regional context, bearing in mind national and regional particularities and mutual respect for different historical, cultural and religious backgrounds, and taking into account the balance between rights and responsibilities;

  • 5 To enhance regional cooperation with a view to complementing national and international efforts on the promotion and protection of human rights; and

  • 6 To uphold international human rights standards as prescribed by the Universal Declaration of Human Rights, the Vienna Declaration and Programme of Action, and international human rights instruments to which ASEAN Member States are parties.

    • 2. PRINCIPLES

    The AICHR shall be guided by the following principles:

    2.1 Respect for principles of ASEAN as embodied in Article 2 of the ASEAN Charter, in particular:

  • a) respect for the independence, sovereignty, equality, territorial integrity and national identity of all ASEAN Member States;

  • b) non-interference in the internal affairs of ASEAN Member States;

  • c) respect for the right of every Member State to lead its national existence free from external interference, subversion and coercion;

  • d) adherence to the rule of law, good governance, the principles of democracy and constitutional government;

  • e) respect for fundamental freedoms, the promotion and protection of human rights, and the promotion of social justice;

  • f) upholding the Charter of the United Nations and international law, including international humanitarian law, subscribed to by ASEAN Member States; and

  • g) respect for different cultures, languages and religions of the peoples of ASEAN, while emphasising their common values in the spirit of unity in diversity.

  • 41 - Security Council Resolution 1674 (2006)

  • from Part II - Declarations, Standard Setting and other Relevant Documents Adopted under the Auspices of the United Nations Relating Directly to Human Rights Issues
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 343-347

  • Summary

    Note: Adopted by the Security Council at its 5430th meeting, 28 April 2006.

    The Security Council,

    Reaffirming its resolutions 1265 (1999) and 1296 (2000) on the protection of civilians in armed conflict, its various resolutions on children and armed conflict and on women, peace and security, as well as its resolution 1631 (2005) on cooperation between the United Nations and regional organizations in maintaining international peace and security, and further reaffirming its determination to ensure respect for, and follow-up to, these resolutions,

    Reaffirming its commitment to the Purposes of the Charter of the United Nations as set out in Article 1 (1–4) of the Charter, and to the Principles of the Charter as set out in Article 2 (1–7) of the Charter, including its commitment to the principles of the political independence, sovereign equality and territorial integrity of all States, and respect for the sovereignty of all States,

    Acknowledging that peace and security, development and human rights are the pillars of the United Nations system and the foundations for collective security and well-being, and recognizing in this regard that development, peace and security and human rights are interlinked and mutually reinforcing,

    Expressing its deep regret that civilians account for the vast majority of casualties in situations of armed conflict,

    Gravely concerned with the effects of the illicit exploitation and trafficking of natural resources, as well as the illicit trafficking of small arms and light weapons, and the use of such weapons on civilians affected by armed conflict,

    Recognizing the important contribution to the protection of civilians in armed conflict by regional organizations, and acknowledging in this regard, the steps taken by the African Union,

    Recognizing the important role that education can play in supporting efforts to halt and prevent abuses committed against civilians affected by armed conflict, in particular efforts to prevent sexual exploitation, trafficking in humans, and violations of applicable international law regarding the recruitment and rerecruitment of child soldiers,

    Recalling the particular impact which armed conflict has on women and children, including as refugees and internally displaced persons, as well as on other civilians who may have specific vulnerabilities, and stressing the protection and assistance needs of all affected civilian populations,

    Reaffirming that parties to armed conflict bear the primary responsibility to take all feasible steps to ensure the protection of affected civilians,

  • 17 - Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984

  • from Part I - Treaties and Associated Documents Adopted under the Auspices of or Relating to the League of Nations and United Nations
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 118-128

  • Summary

    Note: Adopted on 10 December 1984 by General Assembly Resolution 39/46, Annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N. Doc. A/39/51 (1984)], 1465 UNTS 85. Entry into force: 26 June 1987.

    The States Parties to this Convention,

    Considering that, in accordance with the principles proclaimed in the Charter of the United Nations, recognition of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world,

    Recognizing that those rights derive from the inherent dignity of the human person,

    Considering the obligation of States under the Charter, in particular Article 55, to promote universal respect for, and observance of, human rights and fundamental freedoms,

    Having regard to article 5 of the Universal Declaration of Human Rights and article 7 of the International Covenant on Civil and Political Rights, both of which provide that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment,

    Having regard also to the Declaration on the Protection of All Persons from Being Subjected to Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted by the General Assembly on 9 December 1975,

    Desiring to make more effective the struggle against torture and other cruel, inhuman or degrading treatment or punishment throughout the world,

    Have agreed as follows:

    PART I

    Article 1

  • For the purposes of this Convention, the term “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.

  • This article is without prejudice to any international instrument or national legislation which does or may contain provisions of wider application.

  • 2 - Charter of the United Nations, 1945 (excerpts only)

  • from Part I - Treaties and Associated Documents Adopted under the Auspices of or Relating to the League of Nations and United Nations
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 8-11

  • Summary

    Note: the Charter of the United Nations as signed at San Francisco on 26 June 1945 came into force on 24 October 1945. Various provisions have been amended since then. The Statute of the International Court of Justice is an integral part of the Charter. Relevant excerpts from both are reproduced below.

    PREAMBLE TO THE CHARTER OF THE UNITED NATIONS

    WE THE PEOPLES OF THE UNITED NATIONS, DETERMINED

    to save succeeding generations from the scourge of war, which twice in our lifetime has brought untold sorrow to mankind, and

    to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small, and

    to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained, and

    to promote social progress and better standards of life in larger freedom,

    AND FOR THESE ENDS

    to practice tolerance and live together in peace with one another as good neighbours, and

    to unite our strength to maintain international peace and security, and

    to ensure, by the acceptance of principles and the institution of methods, that armed force shall not be used, save in the common interest, and

    to employ international machinery for the promotion of the economic and social advancement of all peoples,

    HAVE RESOLVED TO COMBINE OUR EFFORTS TO ACCOMPLISH THESE AIMS

    Accordingly, our respective Governments, through representatives assembled in the city of San Francisco, who have exhibited their full powers found to be in good and due form, have agreed to the present Charter of the United Nations and do hereby establish an international organization to be known as the United Nations.

    Article 1

    The Purposes of the United Nations are:

  • To maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace;

  • 12 - Optional Protocol to the International Covenant on Civil and Political Rights, 1966

  • from Part I - Treaties and Associated Documents Adopted under the Auspices of or Relating to the League of Nations and United Nations
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 86-88

  • Summary

    Note: General Assembly Resolution 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 59, U.N. Doc. A/6316 (1966), 999 UNTS 302. Entry into force: 23 March 1976.

    The States Parties to the present Protocol,

    Considering that in order further to achieve the purposes of the International Covenant on Civil and Political Rights (hereinafter referred to as the Covenant) and the implementation of its provisions it would be appropriate to enable the Human Rights Committee set up in part IV of the Covenant (hereinafter referred to as the Committee) to receive and consider, as provided in the present Protocol, communications from individuals claiming to be victims of violations of any of the rights set forth in the Covenant.

    Have agreed as follows:

    Article 1

    A State Party to the Covenant that becomes a party to the present Protocol recognizes the competence of the Committee to receive and consider communications from individuals subject to its jurisdiction who claim to be victims of a violation by that State Party of any of the rights set forth in the Covenant.

    No communication shall be received by the Committee if it concerns a State Party to the Covenant which is not a party to the present Protocol.

    Article 2

    Subject to the provisions of article 1, individuals who claim that any of their rights enumerated in the Covenant have been violated and who have exhausted all available domestic remedies may submit a written communication to the Committee for consideration.

    Article 3

    The Committee shall consider inadmissible any communication under the present Protocol which is anonymous, or which it considers to be an abuse of the right of submission of such communications or to be incompatible with the provisions of the Covenant.

    Article 4

  • Subject to the provisions of article 3, the Committee shall bring any communications submitted to it under the present Protocol to the attention of the State Party to the present Protocol alleged to be violating any provision of the Covenant.

  • Within six months, the receiving State shall submit to the Committee written explanations or statements clarifying the matter and the remedy, if any, that may have been taken by that State.

  • 90 - European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, 1987

  • from Part IX - Council of Europe Documents
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 715-721

  • Summary

    Note: European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Adopted Strasbourg, 26 November 1987. ETS No. 126. Entry into force: 1 February 1989. Text amended according to the provisions of Protocols No. 1 (ETS No. 151) and No. 2 (ETS No. 152), which entered into force 1 March 2002.

    The member States of the Council of Europe, signatory hereto,

    Having regard to the provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms,

    Recalling that, under Article 3 of the same Convention, “no one shall be subjected to torture or to inhuman or degrading treatment or punishment”;

    Noting that the machinery provided for in that Convention operates in relation to persons who allege that they are victims of violations of Article 3;

    Convinced that the protection of persons deprived of their liberty against torture and inhuman or degrading treatment or punishment could be strengthened by non-judicial means of a preventive character based on visits,

    Have agreed as follows:

    CHAPTER I

    Article 1

    There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (hereinafter referred to as “the Committee”). The Committee shall, by means of visits, examine the treatment of persons deprived of their liberty with a view to strengthening, if necessary, the protection of such persons from torture and from inhuman or degrading treatment or punishment.

    Article 2

    Each Party shall permit visits, in accordance with this Convention, to any place within its jurisdiction where persons are deprived of their liberty by a public authority.

    Article 3

    In the application of this Convention, the Committee and the competent national authorities of the Party concerned shall co-operate with each other.

    Article 4

  • The Committee shall consist of a number of members equal to that of the Parties.

  • The members of the Committee shall be chosen from among persons of high moral character, known for their competence in the field of human rights or having professional experience in the areas covered by this Convention.

  • No two members of the Committee may be nationals of the same State.

  • The members shall serve in their individual capacity, shall be independent and impartial, and shall be available to serve the Committee effectively.

Page 378 of 1233