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24650 results in Public International Law

Page 379 of 1233

  • 72 - Cha-Am Hua Hin Declaration on the Inauguration 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 622-622

  • Summary

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

    WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (ASEAN), on the occasion of the 15th ASEAN Summit in Thailand;

    RECALLING Article 14 of the ASEAN Charter on the establishment of an ASEAN human rights body and ASEAN's commitment to the promotion and protection of human rights and fundamental freedoms;

    WELCOMING the entry into force of the Terms of Reference (TOR) on the basis of which the ASEAN Intergovernmental Commission on Human Rights (AICHR) shall operate;

    DO HEREBY:

  • APPLAUD the inauguration of the AICHR as giving concrete expression to the implementation of Article 14 of the ASEAN Charter and ASEAN's commitment to pursue forward-looking strategies to strengthen regional cooperation on human rights;

  • ENDORSE the implementation of the TOR of the AICHR as prepared by the High Level Panel and formally determined by the ASEAN Foreign Ministers;

  • CONGRATULATE the Representatives to the AICHR on their appointment by ASEAN Member States;

  • EMPHASISE the importance of the AICHR as a historic milestone in ASEAN community-building process, and as a vehicle for progressive social development and justice, the full realisation of human dignity and the attainment of a higher quality of life for ASEAN peoples;

  • ASSURE the AICHR of full support and provision of adequate resources by ASEAN Member States;

  • ACKNOWLEDGE the contribution of stakeholders in the promotion and protection of human rights in ASEAN, and encourage their continuing engagement and dialogue with the AICHR;

  • RECOGNISE that the TOR of the AICHR shall be reviewed every five years after its entry into force to strengthen the mandate and functions of the AICHR in order to further develop mechanisms on both the protection and promotion of human rights. This review and subsequent reviews shall be undertaken by the ASEAN Foreign Ministers Meeting;

  • EXPRESS confidence that ASEAN cooperation on human rights will continue to evolve and develop so that the AICHR will be the overarching institution responsible for the promotion and protection of human rights in ASEAN.

  • 94 - Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights ‘Protocol of San Salvador’, 1988

  • from Part X - Organization of American States Documents
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 762-769

  • Summary

    Note: Adopted San Salvador, 17 November 1988. OAS Treaty Series No. 69. Entry into force: 16 November 1999.

    PREAMBLE

    The States Parties to the American Convention on Human Rights “Pact San José, Costa Rica,”

    Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man;

    Recognizing that the essential rights of man are not derived from one's being a national of a certain State, but are based upon attributes of the human person, for which reason they merit international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American States;

    Considering the close relationship that exists between economic, social and cultural rights, and civil and political rights, in that the different categories of rights constitute an indivisible whole based on the recognition of the dignity of the human person, for which reason both require permanent protection and promotion if they are to be fully realized, and the violation of some rights in favor of the realization of others can never be justified;

    Recognizing the benefits that stem from the promotion and development of cooperation among States and international relations;

    Recalling that, in accordance with the Universal Declaration of Human Rights and the American Convention on Human Rights, the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy his economic, social and cultural rights as well as his civil and political rights;

    Bearing in mind that, although fundamental economic, social and cultural rights have been recognized in earlier international instruments of both world and regional scope, it is essential that those rights be reaffirmed, developed, perfected and protected in order to consolidate in America, on the basis of full respect for the rights of the individual, the democratic representative form of government as well as the right of its peoples to development, self-determination, and the free disposal of their wealth and natural resources; and

  • 79 - Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 1983 (Sixth Protocol)

  • 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 655-656

  • Summary

    Note: Protocol No. 6 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty. Adopted at Strasbourg, 28 April 1983. ETS No. 114. Entry into force: 1 March 1985.

    The Member States of the Council of Europe, signatory to this Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”),

    Considering that the evolution that has occurred in several member States of the Council of Europe expresses a general tendency in favour of abolition of the death penalty;

    Have agreed as follows:

    Article 1 Abolition of the death penalty

    The death penalty shall be abolished. No one shall be condemned to such penalty or executed.

    Article 2 Death penalty in time of war

    A State may make provision in its law for the death penalty in respect of acts committed in time of war or of imminent threat of war; such penalty shall be applied only in the instances laid down in the law and in accordance with its provisions. The State shall communicate to the Secretary General of the Council of Europe the relevant provisions of that law.

    Article 3 Prohibition of derogations

    No derogation from the provisions of this Protocol shall be made under Article 15 of the Convention.

    Article 4 Prohibition of reservations

    No reservation may be made under Article 57 of the Convention in respect of the provisions of this Protocol.

    Article 5 Territorial application

  • Any State may at the time of signature or when depositing its instrument of ratification, acceptance or approval, specify the territory or territories to which this Protocol shall apply.

  • Any State may at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Protocol to any other territory specified in the declaration. In respect of such territory the Protocol shall enter into force on the first day of the month following the date of receipt of such declaration by the Secretary General.

  • Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General.

  • 85 - European Social Charter, 1961

  • 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 670-684

  • Summary

    Note: European Social Charter (Revised). Adopted Strasbourg, 3 May 1996. ETS No. 163. Entry into force: 7 January 1999.

    PREAMBLE

    The governments signatory hereto, being members of the Council of Europe,

    Considering that the aim of the Council of Europe is the achievement of greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and of facilitating their economic and social progress, in particular by the maintenance and further realisation of human rights and fundamental freedoms;

    Considering that in the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950, and the Protocols thereto, the member States of the Council of Europe agreed to secure to their populations the civil and political rights and freedoms therein specified;

    Considering that in the European Social Charter opened for signature in Turin on 18 October 1961 and the Protocols thereto, the member States of the Council of Europe agreed to secure to their populations the social rights specified therein in order to improve their standard of living and their social well-being;

    Recalling that the Ministerial Conference on Human Rights held in Rome on 5 November 1990 stressed the need, on the one hand, to preserve the indivisible nature of all human rights, be they civil, political, economic, social or cultural and, on the other hand, to give the European Social Charter fresh impetus;

    Resolved, as was decided during the Ministerial Conference held in Turin on 21 and 22 October 1991, to update and adapt the substantive contents of the Charter in order to take account in particular of the fundamental social changes which have occurred since the text was adopted;

    Recognising the advantage of embodying in a Revised Charter, designed progressively to take the place of the European Social Charter, the rights guaranteed by the Charter as amended, the rights guaranteed by the Additional Protocol of 1988 and to add new rights,

    Have agreed as follows:

    PART I

    The Parties accept as the aim of their policy, to be pursued by all appropriate means both national and international in character, the attainment of conditions in which the following rights and principles may be effectively realised:

  • Everyone shall have the opportunity to earn his living in an occupation freely entered upon.

  • 1 - Slavery Convention, 1926

  • 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 4-7

  • Summary

    Note: the Convention was signed at Geneva on 25 September 1926, entering into force on 9 March 1927. The Convention was amended by a Protocol signed in New York on 7 December 1953; the amended Convention entered into force on 7 July 1955. The text below is of the 1926 Convention as amended by the 1953 Protocol.

    Whereas the signatories of the General Act of the Brussels Conference of 1889–90 declared that they were equally animated by the firm intention of putting an end to the traffic in African slaves,

    Whereas the signatories of the Convention of Saint-Germain-en-Laye of 1919, to revise the General Act of Berlin of 1885 and the General Act and Declaration of Brussels of 1890, affirmed their intention of securing the complete suppression of slavery in all its forms and of the slave trade by land and sea,

    Taking into consideration the report of the Temporary Slavery Commission appointed by the Council of the League of Nations on June 12th, 1924,

    Desiring to complete and extend the work accomplished under the Brussels Act and to find a means of giving practical effect throughout the world to such intentions as were expressed in regard to slave trade and slavery by the signatories of the Convention of Saint-Germain-en-Laye, and recognising that it is necessary to conclude to that end more detailed arrangements than are contained in that Convention,

    Considering, moreover, that it is necessary to prevent forced labour from developing into conditions analogous to slavery,

    Have decided to conclude a Convention and have … agreed as follows:

    Article 1

    For the purpose of the present Convention, the following definitions are agreed upon:

  • Slavery is the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised.

  • The slave trade includes all acts involved in the capture, acquisition or disposal of a person with intent to reduce him to slavery; all acts involved in the acquisition of a slave with a view to selling or exchanging him; all acts of disposal by sale or exchange of a slave acquired with a view to being sold or exchanged, and, in general, every act of trade or transport in slaves.

  • 46 - Human Rights Council Resolution 5/1: Institution Building of the United Nations Human Rights Council, 2007

  • from Part III - UN Human Rights Institutions and Complaints Mechanisms and Procedures
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 368-389

  • Summary

    Note: adopted by the Human Rights Council on 18 June 2007.

    The Human Rights Council,

    Acting in compliance with the mandate entrusted to it by the United Nations General Assembly in resolution 60/251 of 15 March 2006,

    Having considered the draft text on institution-building submitted by the President of the Council,

  • Adopts the draft text entitled “United Nations Human Rights Council: Institution Building”, as contained in the annex to the present resolution, including its appendix(ces);

  • Decides to submit the following draft resolution to the General Assembly for its adoption as a matter of priority in order to facilitate the timely implementation of the text contained thereafter:

    • “The General Assembly”,

    “Taking note of Human Rights Council resolution 5/1 of 18 June 2007”,

  • “1. Welcomes the text entitled ‘United Nations Human Rights Council: Institution Building’, as contained in the annex to the present resolution, including its appendix(ces).”

    • 9th meeting

    18 June 2007

    [Resolution adopted without a vote.]

    Annex

    UNITED NATIONS HUMAN RIGHTS COUNCIL: INSTITUTION-BUILDING

    I. UNIVERSAL PERIODIC REVIEW MECHANISM

    A. Basis of the review

    1. The basis of the review is:

  • (a) The Charter of the United Nations;

  • (b) The Universal Declaration of Human Rights;

  • (c) Human rights instruments to which a State is party;

  • (d) Voluntary pledges and commitments made by States, including those undertaken when presenting their candidatures for election to the Human Rights Council (hereinafter “the Council”).

    • 2. In addition to the above and given the complementary and mutually interrelated nature of international human rights law and international humanitarian law, the review shall take into account applicable international humanitarian law.

  • 56 - Abolition of Forced Labour Convention, 1957 (No. 105)

  • from Part V - International Labour Organization Documents
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 494-496

  • Summary

    Note: Convention Concerning the Abolition of Forced Labour. Adopted Geneva, 40th ILC session, 25 June 1957. Entry into force: 17 January 1959.

    PREAMBLE

    The General Conference of the International Labour Organisation,

    Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its Fortieth Session on 5 June 1957, and

    Having considered the question of forced labour, which is the fourth item on the agenda of the session, and

    Having noted the provisions of the Forced Labour Convention, 1930, and

    Having noted that the Slavery Convention, 1926, provides that all necessary measures shall be taken to prevent compulsory or forced labour from developing into conditions analogous to slavery and that the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956, provides for the complete abolition of debt bondage and serfdom, and

    Having noted that the Protection of Wages Convention, 1949, provides that wages shall be paid regularly and prohibits methods of payment which deprive the worker of a genuine possibility of terminating his employment, and

    Having decided upon the adoption of further proposals with regard to the abolition of certain forms of forced or compulsory labour constituting a violation of the rights of man referred to in the Charter of the United Nations and enunciated by the Universal Declaration of Human Rights, and

    Having determined that these proposals shall take the form of an international Convention, adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-seven the following Convention, which may be cited as the Abolition of Forced Labour Convention, 1957:

    Article 1

    Each Member of the International Labour Organisation which ratifies this Convention undertakes to suppress and not to make use of any form of forced or compulsory labour–

  • (a) as a means of political coercion or education or as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system;

  • (b) as a method of mobilising and using labour for purposes of economic development;

  • (c) as a means of labour discipline;

  • (d) as a punishment for having participated in strikes;

  • (e) as a means of racial, social, national or religious discrimination.

  • 18 - Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 2002

  • 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 129-139

  • Summary

    Note: Adopted on 18 December 2002 by General Assembly Resolution A/RES/57/199, 2375 UNTS 237. Entry into force: 22 June 2006.

    PREAMBLE

    The States Parties to the present Protocol,

    Reaffirming that torture and other cruel, inhuman or degrading treatment or punishment are prohibited and constitute serious violations of human rights,

    Convinced that further measures are necessary to achieve the purposes of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter referred to as the Convention) and to strengthen the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment,

    Recalling that articles 2 and 16 of the Convention oblige each State Party to take effective measures to prevent acts of torture and other cruel, inhuman or degrading treatment or punishment in any territory under its jurisdiction,

    Recognizing that States have the primary responsibility for implementing those articles, that strengthening the protection of people deprived of their liberty and the full respect for their human rights is a common responsibility shared by all and that international implementing bodies complement and strengthen national measures,

    Recalling that the effective prevention of torture and other cruel, inhuman or degrading treatment or punishment requires education and a combination of various legislative, administrative, judicial and other measures,

    Recalling also that the World Conference on Human Rights firmly declared that efforts to eradicate torture should first and foremost be concentrated on prevention and called for the adoption of an optional protocol to the Convention, intended to establish a preventive system of regular visits to places of detention,

    Convinced that the protection of persons deprived of their liberty against torture and other cruel, inhuman or degrading treatment or punishment can be strengthened by non-judicial means of a preventive nature, based on regular visits to places of detention, Have agreed as follows:

    PART I: GENERAL PRINCIPLES

    Article 1

    The objective of the present Protocol is to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment.

  • 67 - Protocol on the Statute of the African Court of Justice and Human Rights, 2008

  • from Part VII - African Union Documents
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 564-583

  • Summary

    Note: Adopted Sharm-El-Sheikh, Egypt. 1 July 2008. Not yet in force.

    PROTOCOL ON THE STATUTE OF THE AFRICAN COURT OF JUSTICE AND HUMAN RIGHTS

    The Member States of the African Union, Parties to this Protocol,

    RECALLING the objectives and principles enunciated in the Constitutive Act of the African Union, adopted on 11 July 2000 in Lomé, Togo, in particular the commitment to settle their disputes through peaceful means;

    BEARING IN MIND their commitment to promote peace, security and stability on the Continent and to protect human and peoples’ rights in accordance with the African Charter on Human and Peoples’ Rights and other relevant instruments relating to human rights;

    CONSIDERING that the Constitutive Act of the African Union provides for the establishment of a Court of Justice charged with hearing, among other things, all cases relating to interpretation or application of the said Act or of all other Treaties adopted within the framework of the Union;

    FURTHER CONSIDERING Decisions Assembly/AU/Dec.45 (III) and Assembly/AU/Dec.83 (V) of the Assembly of the Union, adopted respectively at its Third (6–8 July 2004, Addis Ababa, Ethiopia) and Fifth (4–5 July 2005, Sirte, Libya), Ordinary Sessions, to merge the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union into a single Court,

    FIRMLY CONVINCED that the establishment of an African Court of Justice and Human Rights shall assist in the achievement of the goals pursued by the African Union and that the attainment of the objectives of the African Charter on Human and Peoples’ Rights requires the establishment of a judicial organ to supplement and strengthen the mission of the African Commission on Human and Peoples’ Rights as well as the African Committee of Experts on the Rights and Welfare of the Child;

    TAKING DUE ACCOUNT of the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, adopted by the Assembly of Heads of States and Governments of the Organization of African Unity on 10 June 1998 at Ouagadougou, Burkina Faso, and which entered into force on 25 January 2004;

    TAKING DUE ACCOUNT ALSO of the Protocol of the Court of Justice of the African Union, adopted by the Assembly of the Union on 11 July 2003 in Maputo Mozambique;

  • 47 - Review of the Work and Functioning of the Human Rights Council

  • from Part III - UN Human Rights Institutions and Complaints Mechanisms and Procedures
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 390-398

  • Summary

    Note: Resolution adopted by the Human Rights Council – Review of the work and functioning of the Human Rights Council, A/HRC/RES/16/21. Adopted 25 March 2011.

    The Human Rights Council,

    Acting in compliance with the mandate entrusted to it by the General Assembly in paragraph 16 of resolution 60/251 of 15 March 2006, in which the Assembly decided that the Human Rights Council should review its work and functioning five years after its establishment and report to the Assembly,

    Having considered the report of the open-ended intergovernmental working group on the review of work and functioning of the Human Rights Council, established by the Council in its resolution 12/1 of 1 October 2009,

  • Takes note of the report of the open-ended intergovernmental working group on the review of work and functioning of the Human Rights Council,

  • Adopts the “Outcome of the review of the work and functioning of the United Nations Human Rights Council” as annexed to the present resolution, to be submitted to the General Assembly;

  • Decides that the “Outcome of the review of the work and functioning of the United Nations Human Rights Council” shall be a supplement to the institution-building package contained in Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007, as well as in other related Council resolutions, decisions and President's statements;

  • Also decides to submit the following draft resolution to the General Assembly for its consideration:

    • “The General Assembly”,

    “Taking note of Human Rights Council resolution 16/21 of 25 March 2011”,

    “Endorses the text entitled “Outcome of the review of the work and functioning of the United Nations Human Rights Council”.”

    ANNEX

    OUTCOME OF THE REVIEW OF THE WORK AND FUNCTIONING OF THE UNITED NATIONS HUMAN RIGHTS COUNCIL

    I. UNIVERSAL PERIODIC REVIEW

    A. Basis, principles and objectives of the review

  • The basis, principles and objectives of the universal periodic review as set forth in paragraphs 1, 2, 3 and 4 of the annex to Human Rights Council resolution 5/1 shall be reaffirmed.

  • 92 - American Declaration of the Rights and Duties of Man, 1948

  • from Part X - Organization of American States Documents
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 736-741

  • Summary

    Note: Adopted by the Ninth International Conference of American States, Bogotá, Colombia, 2 May 1948. OAS Resolution XXX.

    WHEREAS:

    The American peoples have acknowledged the dignity of the individual, and their national constitutions recognize that juridical and political institutions, which regulate life in human society, have as their principal aim the protection of the essential rights of man and the creation of circumstances that will permit him to achieve spiritual and material progress and attain happiness;

    The American States have on repeated occasions recognized that the essential rights of man are not derived from the fact that he is a national of a certain state, but are based upon attributes of his human personality;

    The international protection of the rights of man should be the principal guide of an evolving American law;

    The affirmation of essential human rights by the American States together with the guarantees given by the internal regimes of the states establish the initial system of protection considered by the American States as being suited to the present social and juridical conditions, not without a recognition on their part that they should increasingly strengthen that system in the international field as conditions become more favorable,

    The Ninth International Conference of American States

    AGREES:

    To adopt the following

    AMERICAN DECLARATION OF THE RIGHTS AND DUTIES OF MAN

    PREAMBLE

    All men are born free and equal, in dignity and in rights, and, being endowed by nature with reason and conscience, they should conduct themselves as brothers one to another.

    The fulfillment of duty by each individual is a prerequisite to the rights of all. Rights and duties are interrelated in every social and political activity of man. While rights exalt individual liberty, duties express the dignity of that liberty.

    Duties of a juridical nature presuppose others of a moral nature which support them in principle and constitute their basis.

    Inasmuch as spiritual development is the supreme end of human existence and the highest expression thereof, it is the duty of man to serve that end with all his strength and resources.

    Since culture is the highest social and historical expression of that spiritual development, it is the duty of man to preserve, practice and foster culture by every means within his power.

    And, since moral conduct constitutes the noblest flowering of culture, it is the duty of every man always to hold it in high respect.

Page 379 of 1233