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24650 results in Public International Law

Page 381 of 1233

  • 82 - Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 2002 (Thirteenth 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 662-663

  • Summary

    Note: Protocol No. 13 to the Convention for the Protection of Human Rights and Fundamental Freedoms Concerning the Abolition of the Death Penalty in all Circumstances. Adopted Vilnius, 3 May 2002. ETS No. 187. Entry into force: 1 July 2003.

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

    Convinced that everyone's right to life is a basic value in a democratic society and that the abolition of the death penalty is essential for the protection of this right and for the full recognition of the inherent dignity of all human beings;

    Wishing to strengthen the protection of the right to life guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”);

    Noting that Protocol No. 6 to the Convention, concerning the Abolition of the Death Penalty, signed at Strasbourg on 28 April 1983, does not exclude the death penalty in respect of acts committed in time of war or of imminent threat of war;

    Being resolved to take the final step in order to abolish the death penalty in all circumstances,

    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 Prohibition of derogations

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

    Article 3 Prohibition of reservations

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

    Article 4 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 expiration of a period of three months after the date of receipt by the Secretary General of such declaration.

  • 83 - Protocol No. 15 Amending the Convention on the Protection of Human Rights and Fundamental Freedoms, 2013 (Fifteenth 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 664-666

  • Summary

    Note: Protocol No. 15 Amending the Convention for the Protection of Human Rights and Fundamental Freedoms. Adopted Strasbourg, 24 June 2013. Council of Europe Treaty Series No. 213. Not yet in force.

    PREAMBLE

    The member States of the Council of Europe and the other High Contracting Parties 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”), signatory hereto,

    Having regard to the declaration adopted at the High Level Conference on the Future of the European Court of Human Rights, held in Brighton on 19 and 20 April 2012, as well as the declarations adopted at the conferences held in Interlaken on 18 and 19 February 2010 and İzmir on 26 and 27 April 2011;

    Having regard to Opinion No. 283 (2013) adopted by the Parliamentary Assembly of the Council of Europe on 26 April 2013;

    Considering the need to ensure that the European Court of Human Rights (hereinafter referred to as “the Court”) can continue to play its pre-eminent role in protecting human rights in Europe,

    Have agreed as follows:

    Article 1

    At the end of the preamble to the Convention, a new recital shall be added, which shall read as follows:

    “Affirming that the High Contracting Parties, in accordance with the principle of subsidiarity, have the primary responsibility to secure the rights and freedoms defined in this Convention and the Protocols thereto, and that in doing so they enjoy a margin of appreciation, subject to the supervisory jurisdiction of the European Court of Human Rights established by this Convention,”

    Article 2

  • In Article 21 of the Convention, a new paragraph 2 shall be inserted, which shall read as follows:

  • “Candidates shall be less than 65 years of age at the date by which the list of three candidates has been requested by the Parliamentary Assembly, further to Article 22.”

  • Paragraphs 2 and 3 of Article 21 of the Convention shall become paragraphs 3 and 4 of Article 21 respectively.

  • Paragraph 2 of Article 23 of the Convention shall be deleted. Paragraphs 3 and 4 of Article 23 shall become paragraphs 2 and 3 of Article 23 respectively.

  • 45 - Establishment of the Human Rights Council, 2006

  • 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 364-367

  • Summary

    Note: The Human Rights Council was established by General Assembly Resolution 60/251 which was adopted on 15 March 2006.

    The General Assembly,

    Reaffirming the purposes and principles contained in the Charter of the United Nations, including developing friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples, and achieving international cooperation in solving international problems of an economic, social, cultural or humanitarian character and in promoting and encouraging respect for human rights and fundamental freedoms for all,

    Reaffirming also the Universal Declaration of Human Rights and the Vienna Declaration and Programme of Action, and recalling the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and other human rights instruments,

    Reaffirming further that all human rights are universal, indivisible, interrelated, interdependent and mutually reinforcing, and that all human rights must be treated in a fair and equal manner, on the same footing and with the same emphasis,

    Reaffirming that, while the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, all States, regardless of their political, economic and cultural systems, have the duty to promote and protect all human rights and fundamental freedoms,

    Emphasizing the responsibilities of all States, in conformity with the Charter, to respect human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language or religion, political or other opinion, national or social origin, property, birth or other status,

    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 that development, peace and security and human rights are interlinked and mutually reinforcing,

    Affirming the need for all States to continue international efforts to enhance dialogue and broaden understanding among civilizations, cultures and religions, and emphasizing that States, regional organizations, non-governmental organizations, religious bodies and the media have an important role to play in promoting tolerance, respect for and freedom of religion and belief,

    Recognizing the work undertaken by the Commission on Human Rights and the need to preserve and build on its achievements and to redress its shortcomings,

    Recognizing also the importance of ensuring universality, objectivity and non-selectivity in the consideration of human rights issues, and the elimination of double standards and politicization,

  • 68 - Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights, 2014

  • 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 584-589

  • Summary

    Note: Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights. Adopted 27 June 2014. Not in force.

    PREAMBLE

    The Member States of the African Union parties to the Constitutive Act of the African Union;

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

    FURTHER RECALLING the provisions of the Protocol on the Statute of the African Court of Justice and Human Rights and the Statute annexed to it adopted on 1 July 2008 in Sharm-El-Sheikh, Egypt;

    RECOGNIZING that the Protocol on the Statute of the African Court of Justice and Human Rights had merged the African Court on Human and Peoples’ Rights and the Court of Justice of the African Union into a single Court;

    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;

    FURTHER RECOGNIZING the efforts and contribution of the African Commission on Human and Peoples’ Rights in the promotion and protection of human and peoples’ rights since its inception in 1987;

    NOTING the steady growth of the African Court on Human and Peoples’ Rights and the contribution it has made in protecting human and peoples’ rights on the African continent as well as the progress towards the establishment of the African Court of Justice and Human and Peoples’ Rights;

    FURTHER BEARING IN MIND the complementary relationship between the African Commission on Human and Peoples’ Rights and the African Court on Human and Peoples’ Rights, as well as its successor, the African Court of Justice and Human and Peoples’ Rights;

    FURTHER RECALLING their commitment to the right of the Union to intervene in a Member State pursuant to a decision of the Assembly in respect of grave circumstances, namely: war crimes, genocide and crimes against humanity as well as a serious threat to legitimate order to restore peace and stability to the Member State of the Union upon the recommendation of the Peace and Security Council;

  • 89 - European Social Charter (Revised), 1996

  • 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 698-714

  • 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.

  • All workers have the right to just conditions of work.

  • 13 - Second Optional Protocol to the International Covenant on Civil and Political Rights, 1989

  • 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 89-91

  • Summary

    Note: Second Optional Protocol to the International Covenant on Civil and Political Rights, Aiming at the Abolition of the Death Penalty, General Assembly Resolution 44/128, annex, 44 U.N. GAOR Supp. (No. 49) at 207, U.N. Doc. A/44/49 (1989), adopted 15 December 1989, 1642 UNTS 414. Entry into force: 11 July 1991.

    The States Parties to the present Protocol,

    Believing that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights,

    Recalling article 3 of the Universal Declaration of Human Rights, adopted on 10 December 1948, and article 6 of the International Covenant on Civil and Political Rights, adopted on 16 December 1966,

    Noting that article 6 of the International Covenant on Civil and Political Rights refers to abolition of the death penalty in terms that strongly suggest that abolition is desirable,

    Convinced that all measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life,

    Desirous to undertake hereby an international commitment to abolish the death penalty,

    Have agreed as follows:

    Article 1

  • No one within the jurisdiction of a State Party to the present Protocol shall be executed.

  • Each State Party shall take all necessary measures to abolish the death penalty within its jurisdiction.

    • Article 2

  • No reservation is admissible to the present Protocol, except for a reservation made at the time of ratification or accession that provides for the application of the death penalty in time of war pursuant to a conviction for a most serious crime of a military nature committed during wartime.

  • The State Party making such a reservation shall at the time of ratification or accession communicate to the Secretary-General of the United Nations the relevant provisions of its national legislation applicable during wartime.

  • The State Party having made such a reservation shall notify the Secretary-General of the United Nations of any beginning or ending of a state of war applicable to its territory.

    • Article 3

    The States Parties to the present Protocol shall include in the reports they submit to the Human Rights Committee, in accordance with article 40 of the Covenant, information on the measures that they have adopted to give effect to the present Protocol.

  • 55 - Equal Remuneration Convention, 1951 (No. 100)

  • 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 490-493

  • Summary

    Note: Equal Remuneration Convention, 1951. Adopted Geneva, 34th ILC session, 29 June 1951. Entry into force: 23 May 1953.

    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 Thirty-fourth Session on 6 June 1951, and

    Having decided upon the adoption of certain proposals with regard to the principle of equal remuneration for men and women workers for work of equal value, which is the seventh item on the agenda of the session, and

    Having determined that these proposals shall take the form of an international Convention, adopts this twenty-ninth day of June of the year one thousand nine hundred and fifty-one the following Convention, which may be cited as the Equal Remuneration Convention, 1951:

    Article 1

    For the purpose of this Convention–

  • (a) the term remuneration includes the ordinary, basic or minimum wage or salary and any additional emoluments whatsoever payable directly or indirectly, whether in cash or in kind, by the employer to the worker and arising out of the worker's employment;

  • (b) the term equal remuneration for men and women workers for work of equal value refers to rates of remuneration established without discrimination based on sex.

    • Article 2

    1. Each Member shall, by means appropriate to the methods in operation for determining rates of remuneration, promote and, in so far as is consistent with such methods, ensure the application to all workers of the principle of equal remuneration for men and women workers for work of equal value.

    2. This principle may be applied by means of–

  • (a) national laws or regulations;

  • (b) legally established or recognised machinery for wage determination;

  • (c) collective agreements between employers and workers; or

  • (d) a combination of these various means.

    • Article 3

  • Where such action will assist in giving effect to the provisions of this Convention measures shall be taken to promote objective appraisal of jobs on the basis of the work to be performed.

  • The methods to be followed in this appraisal may be decided upon by the authorities responsible for the determination of rates of remuneration, or, where such rates are determined by collective agreements, by the parties thereto.

  • 16 - Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999

  • 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 113-117

  • Summary

    Note: Adopted on 6 October 1999 by G.A. Resolution 54/4, annex, 54 U.N. GAOR Supp. (No. 49) at 5, U.N. Doc. A/54/49 (Vol. I) (2000), 2131 UNTS 83. Entry into force: 22 December 2000.

    The States Parties to the present Protocol,

    Noting that the Charter of the United Nations reaffirms faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women,

    Also noting that the Universal Declaration of Human Rights Resolution 217 A (III). proclaims 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 forth therein, without distinction of any kind, including distinction based on sex,

    Recalling that the International Covenants on Human Rights Resolution 2200 A (XXI), annex. and other international human rights instruments prohibit discrimination on the basis of sex,

    Also recalling the Convention on the Elimination of All Forms of Discrimination against Women (“the Convention”), in which the States Parties thereto condemn discrimination against women in all its forms and agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women,

    Reaffirming their determination to ensure the full and equal enjoyment by women of all human rights and fundamental freedoms and to take effective action to prevent violations of these rights and freedoms,

    Have agreed as follows:

    Article 1

    A State Party to the present Protocol (“State Party”) recognizes the competence of the Committee on the Elimination of Discrimination against Women (“the Committee”) to receive and consider communications submitted in accordance with article 2.

    Article 2

    Communications may be submitted by or on behalf of individuals or groups of individuals, under the jurisdiction of a State Party, claiming to be victims of a violation of any of the rights set forth in the Convention by that State Party. Where a communication is submitted on behalf of individuals or groups of individuals, this shall be with their consent unless the author can justify acting on their behalf without such consent.

    Article 3

    Communications shall be in writing and shall not be anonymous. No communication shall be received by the Committee if it concerns a State Party to the Convention that is not a party to the present Protocol.

  • 96 - Inter-American Convention to Prevent and Punish Torture, 1985

  • 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 772-776

  • Summary

    Note: A-51: Inter-American Convention to Prevent and Punish Torture. Adopted: Cartagena de Indias, Colombia, 9 December 1985. OAS Treaty Series No. 67. Entry into force: 28 February 1987.

    The American States signatory to the present Convention,

    Aware of the provision of the American Convention on Human Rights that no one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment;

    Reaffirming that all acts of torture or any other cruel, inhuman, or degrading treatment or punishment constitute an offense against human dignity and a denial of the principles set forth in the Charter of the Organization of American States and in the Charter of the United Nations and are violations of the fundamental human rights and freedoms proclaimed in the American Declaration of the Rights and Duties of Man and the Universal Declaration of Human Rights;

    Noting that, in order for the pertinent rules contained in the aforementioned global and regional instruments to take effect, it is necessary to draft an Inter-American Convention that prevents and punishes torture;

    Reaffirming their purpose of consolidating in this hemisphere the conditions that make for recognition of and respect for the inherent dignity of man, and ensure the full exercise of his fundamental rights and freedoms,

    Have agreed upon the following:

    Article 1

    The State Parties undertake to prevent and punish torture in accordance with the terms of this Convention.

    Article 2

    For the purposes of this Convention, torture shall be understood to be any act intentionally performed whereby physical or mental pain or suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. Torture shall also be understood to be the use of methods upon a person intended to obliterate the personality of the victim or to diminish his physical or mental capacities, even if they do not cause physical pain or mental anguish.

    The concept of torture shall not include physical or mental pain or suffering that is inherent in or solely the consequence of lawful measures, provided that they do not include the performance of the acts or use of the methods referred to in this article.

  • 19 - Convention on the Rights of the Child, 1989

  • 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 140-156

  • Summary

    Note: Adopted by General Assembly Resolution 44/25 of 20 November 1989, Official Records of the General Assembly (A/44/49) p. 166, 1577 UNTS 3. Entry into force: 2 September 1990.

    PREAMBLE

    The States Parties to the present Convention,

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

    Bearing in mind that the peoples of the United Nations have, in the Charter, reaffirmed their faith in fundamental human rights and in the dignity and worth of the human person, and have determined to promote social progress and better standards of life in larger freedom,

    Recognizing that the United Nations has, in the Universal Declaration of Human Rights and in the International Covenants on Human Rights, proclaimed and agreed that everyone is entitled to all the rights and freedoms set forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

    Recalling that, in the Universal Declaration of Human Rights, the United Nations has proclaimed that childhood is entitled to special care and assistance,

    Convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community,

    Recognizing that the child, for the full and harmonious development of his or her personality, should grow up in a family environment, in an atmosphere of happiness, love and understanding,

    Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,

  • 30 - Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, 1981

  • 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 274-276

  • Summary

    Note: Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief adopted by General Assembly Resolution 36/55 on 25 November 1981.

    The General Assembly,

    Considering that one of the basic principles of the Charter of the United Nations is that of the dignity and equality inherent in all human beings, and that all Member States have pledged themselves to take joint and separate action in co-operation with the Organization to promote and encourage universal respect for and observance of human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion,

    Considering that the Universal Declaration of Human Rights and the International Covenants on Human Rights proclaim the principles of non-discrimination and equality before the law and the right to freedom of thought, conscience, religion and belief,

    Considering that the disregard and infringement of human rights and fundamental freedoms, in particular of the right to freedom of thought, conscience, religion or whatever belief, have brought, directly or indirectly, wars and great suffering to mankind, especially where they serve as a means of foreign interference in the internal affairs of other States and amount to kindling hatred between peoples and nations,

    Considering that religion or belief, for anyone who professes either, is one of the fundamental elements in his conception of life and that freedom of religion or belief should be fully respected and guaranteed,

    Considering that it is essential to promote understanding, tolerance and respect in matters relating to freedom of religion and belief and to ensure that the use of religion or belief for ends inconsistent with the Charter of the United Nations, other relevant instruments of the United Nations and the purposes and principles of the present Declaration is inadmissible,

    Convinced that freedom of religion and belief should also contribute to the attainment of the goals of world peace, social justice and friendship among peoples and to the elimination of ideologies or practices of colonialism and racial discrimination,

    Noting with satisfaction the adoption of several, and the coming into force of some, conventions, under the aegis of the United Nations and of the specialized agencies, for the elimination of various forms of discrimination,

  • 29 - Declaration on the Granting of Independence to Colonial Countries and Peoples, 1960

  • 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 272-273

  • Summary

    Note: Adopted by General Assembly Resolution 1514 (XV), of 14 December 1960.

    The General Assembly,

    Mindful of the determination proclaimed by the peoples of the world in the Charter of the United Nations 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,

    Conscious of the need for the creation of conditions of stability and well-being and peaceful and friendly relations based on respect for the principles of equal rights and self-determination of all peoples, and of universal respect for, and observance of, human rights and fundamental freedoms for all without distinction as to race, sex, language or religion,

    Recognizing the passionate yearning for freedom in all dependent peoples and the decisive role of such peoples in the attainment of their independence,

    Aware of the increasing conflicts resulting from the denial of or impediments in the way of the freedom of such peoples, which constitute a serious threat to world peace,

    Considering the important role of the United Nations in assisting the movement for independence in Trust and Non-Self-Governing Territories,

    Recognizing that the peoples of the world ardently desire the end of colonialism in all its manifestations,

    Convinced that the continued existence of colonialism prevents the development of international economic co-operation, impedes the social, cultural and economic development of dependent peoples and militates against the United Nations ideal of universal peace,

    Affirming that peoples may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit, and international law,

    Believing that the process of liberation is irresistible and irreversible and that, in order to avoid serious crises, an end must be put to colonialism and all practices of segregation and discrimination associated therewith,

  • 71 - African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), 2009

  • 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 606-620

  • Summary

    Note: African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention). Adopted 23 October 2009, Kampala, Uganda. Entry into force: 6 December 2012.

    PREAMBLE

    We, the Heads of State and Government of the Member States of the African Union;

    CONSCIOUS of the gravity of the situation of internally displaced persons as a source of continuing instability and tension for African states;

    ALSO CONSCIOUS of the suffering and specific vulnerability of internally displaced persons; REITERATING the inherent African custom and tradition of hospitality by local host communities for persons in distress and support for such communities;

    COMMITTED to sharing our common vision of providing durable solutions to situations of internally displaced persons by establishing an appropriate legal framework for their protection and assistance;

    DETERMINED to adopt measures aimed at preventing and putting an end to the phenomenon of internal displacement by eradicating the root causes, especially persistent and recurrent conflicts as well as addressing displacement caused by natural disasters, which have a devastating impact on human life, peace, stability, security, and development;

    CONSIDERING the 2000 Constitutive Act of the African Union and the 1945 Charter of the United Nations;

    REAFFIRMING the principle of the respect of the sovereign equality of States Parties, their territorial integrity and political independence as stipulated in the Constitutive Act of the African Union and the United Nations Charter;

    RECALLING the 1948 Universal Declaration of Human Rights, the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the 1949 Four Geneva Conventions and the 1977 Additional Protocols to the Geneva Conventions, the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, the 1979 Convention on the Elimination of All Forms of Discrimination Against Women, the 1981 African Charter on Human and Peoples’ Rights and the 2003 Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, the 1990 African Charter on the Rights and Welfare of the Child, the 1994 Addis Ababa Document on Refugees and Forced Population Displacement in Africa, and other relevant United Nations and African Union human rights instruments, and relevant Security Council Resolutions;

  • 22 - Optional Protocol to the Convention on the Rights of the Child on a Communications Procedure, 2011

  • 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 169-178

  • Summary

    Note: Adopted by General Assembly Resolution 66/138 on 19 December 2011. Registration No. 27531, 14 April 2014. Entry into force: 14 April 2014.

    The States parties to the present Protocol,

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

    Noting that the States parties to the Convention on the Rights of the Child (hereinafter referred to as “the Convention”) recognize the rights set forth in it to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status,

    Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms,

    Reaffirming also the status of the child as a subject of rights and as a human being with dignity and with evolving capacities,

    Recognizing that children's special and dependent status may create real difficulties for them in pursuing remedies for violations of their rights,

    Considering that the present Protocol will reinforce and complement national and regional mechanisms allowing children to submit complaints for violations of their rights,

    Recognizing that the best interests of the child should be a primary consideration to be respected in pursuing remedies for violations of the rights of the child, and that such remedies should take into account the need for child-sensitive procedures at all levels,

    Encouraging States parties to develop appropriate national mechanisms to enable a child whose rights have been violated to have access to effective remedies at the domestic level,

    Recalling the important role that national human rights institutions and other relevant specialized institutions, mandated to promote and protect the rights of the child, can play in this regard,

  • 97 - Inter-American Convention on the Forced Disappearance of Persons, 1994

  • 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 777-782

  • Summary

    Note: A-60: Inter-American Convention on Forced Disappearance of Persons. Adopted at Belem Do Parma, Brazil, 9 June 1994. Entry into force: 28 March 1996.

    PREAMBLE

    The Member States of the Organization of American States signatory to the present Convention,

    DISTURBED by the persistence of the forced disappearance of persons;

    REAFFIRMING that the true meaning of American solidarity and good neighborliness can be none other than that of consolidating in this Hemisphere, in the framework of democratic institutions, a system of individual freedom and social justice based on respect for essential human rights;

    CONSIDERING that the forced disappearance of persons in an affront to the conscience of the Hemisphere and a grave and abominable offense against the inherent dignity of the human being, and one that contradicts the principles and purposes enshrined in the Charter of the Organization of American States;

    CONSIDERING that the forced disappearance of persons of persons violates numerous non-derogable and essential human rights enshrined in the American Convention on Human Rights, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Human Rights;

    RECALLING that the international protection of human rights is in the form of a convention reinforcing or complementing the protection provided by domestic law and is based upon the attributes of the human personality;

    REAFFIRMING that the systematic practice of the forced disappearance of persons constitutes a crime against humanity;

    HOPING that this Convention may help to prevent, punish, and eliminate the forced disappearance of persons in the Hemisphere and make a decisive contribution to the protection of human rights and the rule of law,

    RESOLVE to adopt the following Inter-American Convention on Forced Disappearance of Persons:

    Article I

    The States Parties to this Convention undertake:

  • a. Not to practice, permit, or tolerate the forced disappearance of persons, even in states of emergency or suspension of individual guarantees;

  • b. To punish within their jurisdictions, those persons who commit or attempt to commit the crime of forced disappearance of persons and their accomplices and accessories;

  • c. To cooperate with one another in helping to prevent, punish, and eliminate the forced disappearance of persons;

  • d. To take legislative, administrative, judicial, and any other measures necessary to comply with the commitments undertaken in this Convention.

  • 9 - Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, 2008

  • 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 54-61

  • Summary

    Note: adopted by General Assembly Resolution 63/117 (2008), 10 December 2008. Registration No. 14531. Entry into force: 5 May 2013.

    PREAMBLE

    The States Parties to the present Protocol,

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

    Noting that the Universal Declaration of Human Rights proclaims 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 forth therein, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,

    Recalling that the Universal Declaration of Human Rights and the International Covenants on Human Rights recognize that the ideal of free human beings enjoying freedom from fear and want can only be achieved if conditions are created whereby everyone may enjoy civil, cultural, economic, political and social rights,

    Reaffirming the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms,

    Recalling that each State Party to the International Covenant on Economic, Social and Cultural Rights (hereinafter referred to as the Covenant) undertakes to take steps, individually and through international assistance and cooperation, especially economic and technical, to the maximum of its available resources, with a view to achieving progressively the full realization of the rights recognized in the Covenant by all appropriate means, including particularly the adoption of legislative measures,

    Considering that, in order further to achieve the purposes of the Covenant and the implementation of its provisions, it would be appropriate to enable the Committee on Economic, Social and Cultural Rights (hereinafter referred to as the Committee) to carry out the functions provided for in the present Protocol,

  • 63 - International Bank of Reconstruction and Development (World Bank), Articles of Agreement, 1944 (excerpts only)

  • from Part VI - International Financial Institutions
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 538-539

  • Summary

    Note: Introductory Article and Article I only. Adopted by the United Nations Monetary and Financial Conference; Bretton Woods, 1–22 July 1944, as amended with effect 16 February 1989.

    IBRD ARTICLES OF AGREEMENT

    Introductory Article

    The International Bank for Reconstruction and Development is established and shall operate in accordance with the following provisions:

    Article I

    Purposes

    The purposes of the Bank are:

  • (i) To assist in the reconstruction and development of territories of members by facilitating the investment of capital for productive purposes, including the restoration of economies destroyed or disrupted by war, the reconversion of productive facilities to peacetime needs and the encouragement of the development of productive facilities and resources in less developed countries.

  • (ii) To promote private foreign investment by means of guarantees or participations in loans and other investments made by private investors; and when private capital is not available on reasonable terms, to supplement private investment by providing, on suitable conditions, finance for productive purposes out of its own capital, funds raised by it and its other resources.

  • (iii) To promote the long-range balanced growth of international trade and the maintenance of equilibrium in balances of payments by encouraging international investment for the development of the productive resources of members, thereby assisting in raising productivity, the standard of living and conditions of labor in their territories.

  • (iv) To arrange the loans made or guaranteed by it in relation to international loans through other channels so that the more useful and urgent projects, large and small alike, will be dealt with first.

  • (v) To conduct its operations with due regard to the effect of international investment on business conditions in the territories of members and, in the immediate postwar years, to assist in bringing about a smooth transition from a wartime to a peacetime economy.

    • The Bank shall be guided in all its decisions by the purposes set forth above.

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