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24650 results in Public International Law

Page 382 of 1233

  • 61 - Worst Forms of Child Labour Convention, 1999 (No. 182)

  • 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 524-527

  • Summary

    Note: Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. Adopted Geneva, 87th session of the ILC, 17 June 1999. Entry into force: 19 November 2000.

    PREAMBLE

    The General Conference of the International Labour Organization,

    Having been convened at Geneva by the Governing Body of the International Labour Office, and having met in its 87th Session on 1 June 1999, and

    Considering the need to adopt new instruments for the prohibition and elimination of the worst forms of child labour, as the main priority for national and international action, including international cooperation and assistance, to complement the Convention and the Recommendation concerning Minimum Age for Admission to Employment, 1973, which remain fundamental instruments on child labour, and

    Considering that the effective elimination of the worst forms of child labour requires immediate and comprehensive action, taking into account the importance of free basic education and the need to remove the children concerned from all such work and to provide for their rehabilitation and social integration while addressing the needs of their families, and

    Recalling the resolution concerning the elimination of child labour adopted by the International Labour Conference at its 83rd Session in 1996, and

    Recognizing that child labour is to a great extent caused by poverty and that the long-term solution lies in sustained economic growth leading to social progress, in particular poverty alleviation and universal education, and

    Recalling the Convention on the Rights of the Child adopted by the United Nations General Assembly on 20 November 1989, and

    Recalling the ILO Declaration on Fundamental Principles and Rights at Work and its Follow-up, adopted by the International Labour Conference at its 86th Session in 1998, and

    Recalling that some of the worst forms of child labour are covered by other international instruments, in particular the Forced Labour Convention, 1930, and the United Nations Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, 1956, and

    Having decided upon the adoption of certain proposals with regard to child labour, which is the fourth item on the agenda of the session, and

  • 76 - Convention for the Protection of Human Rights and Fundamental Freedoms, 1950

  • 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 638-650

  • Summary

    Note: Convention for the Protection of Human Rights and Fundamental Freedoms, adopted Rome, 4 November 1950. ETS No. 5. Entry into force: 3 September, 1953 as amended by Protocol Number 14 (CETS No. 194); which entered into force on 1 June 2010.

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

    Considering the Universal Declaration of Human Rights proclaimed by the General Assembly of the United Nations on 10th December 1948;

    Considering that this Declaration aims at securing the universal and effective recognition and observance of the Rights therein declared;

    Considering that the aim of the Council of Europe is the achievement of greater unity between its members and that one of the methods by which that aim is to be pursued is the maintenance and further realisation of Human Rights and Fundamental Freedoms;

    Reaffirming their profound belief in those fundamental freedoms which are the foundation of justice and peace in the world and are best maintained on the one hand by an effective political democracy and on the other by a common understanding and observance of the Human Rights upon which they depend;

    Being resolved, as the governments of European countries which are likeminded and have a common heritage of political traditions, ideals, freedom and the rule of law, to take the first steps for the collective enforcement of certain of the rights stated in the Universal Declaration,

    Have agreed as follows:

    Article 1 Obligation to respect Human Rights

    The High Contracting Parties shall secure to everyone within their jurisdiction the rights and freedoms defined in Section I of this Convention.

    Section I Rights and Freedoms

    Article 2 Right to life

    1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.

    2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:

  • (a) in defence of any person from unlawful violence;

  • (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;

  • (c) in action lawfully taken for the purpose of quelling a riot or insurrection.

  • 95 - Protocol to the American Convention on Human Rights to Abolish the Death Penalty, 1990

  • 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 770-771

  • Summary

    Note: A-53: Protocol to the American Convention on Human Rights to Abolish the Death Penalty. Adopted: Asuncion, Paraguay, 8 June 1990. OAS Treaty Series No. 73 (1990). Not yet in force.

    PREAMBLE

    THE STATES PARTIES TO THIS PROTOCOL,

    CONSIDERING:

    That Article 4 of the American Convention on Human Rights recognizes the right to life and restricts the application of the death penalty;

    That everyone has the inalienable right to respect for his life, a right that cannot be suspended for any reason;

    That the tendency among the American States is to be in favor of abolition of the death penalty;

    That application of the death penalty has irrevocable consequences, forecloses the correction of judicial error, and precludes any possibility of changing or rehabilitating those convicted;

    That the abolition of the death penalty helps to ensure more effective protection of the right to life;

    That an international agreement must be arrived at that will entail a progressive development of the American Convention on Human Rights, and

    That States Parties to the American Convention on Human Rights have expressed their intention to adopt an international agreement with a view to consolidating the practice of not applying the death penalty in the Americas,

    HAVE AGREED TO SIGN THE FOLLOWING PROTOCOL TO THE AMERICAN CONVENTION ON HUMAN RIGHTS TO ABOLISH THE DEATH PENALTY

    Article 1

    The States Parties to this Protocol shall not apply the death penalty in their territory to any person subject to their jurisdiction.

    Article 2

  • No reservations may be made to this Protocol. However, at the time of ratification or accession, the States Parties to this instrument may declare that they reserve the right to apply the death penalty in wartime in accordance with international law, for extremely serious crimes of a military nature.

  • The State Party making this reservation shall, upon ratification or accession, inform the Secretary General of the Organization of American States of the pertinent provisions of its national legislation applicable in wartime, as referred to in the preceding paragraph.

  • Said State Party shall notify the Secretary General of the Organization of American States of the beginning or end of any state of war in effect in its territory.

  • 5 - Convention Relating to the Status of Refugees, 1951

  • 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 18-30

  • Summary

    Note: adopted by United Nations General Assembly Resolution 429(V) of 14 December 1950, 189 UNTS 150. Entry into force: 22 April 1954.

    PREAMBLE

    THE HIGH CONTRACTING PARTIES,

    CONSIDERING that the Charter of the United Nations and the Universal Declaration of Human Rights approved on 10 December 1948 by the General Assembly have affirmed the principle that human beings shall enjoy fundamental rights and freedoms without discrimination,

    CONSIDERING that the United Nations has, on various occasions, manifested its profound concern for refugees and endeavoured to assure refugees the widest possible exercise of these fundamental rights and freedoms,

    CONSIDERING that it is desirable to revise and consolidate previous international agreements relating to the status of refugees and to extend the scope of and the protection accorded by such instruments by means of a new agreement,

    CONSIDERING that the grant of asylum may place unduly heavy burdens on certain countries, and that a satisfactory solution of a problem of which the United Nations has recognized the international scope and nature cannot therefore be achieved without international co-operation,

    EXPRESSING the wish that all States, recognizing the social and humanitarian nature of the problem of refugees, will do everything within their power to prevent this problem from becoming a cause of tension between States,

    NOTING that the United Nations High Commissioner for Refugees is charged with the task of supervising international conventions providing for the protection of refugees, and recognizing that the effective co-ordination of measures taken to deal with this problem will depend upon the co-operation of States with the High Commissioner,

    HAVE AGREED as follows:

    Chapter I General Provisions

    Article 1. Definition of the term “refugee”

    A. For the purposes of the present Convention, the term “refugee”, shall apply to any person who:

  • Has been considered a refugee under the Arrangements of 12 May 1926 and 30 June 1928 or under the Conventions of 28 October 1933 and 10 February 1938, the Protocol of 14 September 1939 or the Constitution of the International Refugee Organization;

  • 11 - 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 70-85

  • Summary

    Note: adopted by General Assembly Resolution 2200A (XXI), 21 U.N. GAOR Supp. (No. 16) at 52, U.N. Doc. A/6316 (1966), 999 UNTS 17. Entry into force: 23 March 1976.

    PREAMBLE

    The States Parties to the present Covenant,

    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,

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

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

    Considering the obligation of States under the Charter of the United Nations to promote universal respect for, and observance of, human rights and freedoms,

    Realizing that the individual, having duties to other individuals and to the community to which he belongs, is under a responsibility to strive for the promotion and observance of the rights recognized in the present Covenant,

    Agree upon the following articles:

    PART I

    Article 1

  • All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

  • All 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. In no case may a people be deprived of its own means of subsistence.

  • The States Parties to the present Covenant, including those having responsibility for the administration of Non-Self-Governing and Trust Territories, shall promote the realization of the right of self-determination, and shall respect that right, in conformity with the provisions of the Charter of the United Nations.

  • 93 - American Convention on Human Rights, ‘Pact of San Jose, Costa Rica’, 1969

  • 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 742-761

  • Summary

    Note: American Convention on Human Rights, ‘Pact of San Jose, Costa Rica’ OAS Treaty Series No. 36, 1144 UNTS 123. Entry into force: 18 July 1978.

    PREAMBLE

    The American states signatory to the present Convention,

    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 personality, and that they therefore justify international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American states;

    Considering that these principles have been set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed and refined in other international instruments, worldwide as well as regional in scope;

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

    Considering that the Third Special Inter-American Conference (Buenos Aires, 1967) approved the incorporation into the Charter of the Organization itself of broader standards with respect to economic, social, and educational rights and resolved that an inter-American convention on human rights should determine the structure, competence, and procedure of the organs responsible for these matters,

    Have agreed upon the following:

    PART I STATE OBLIGATIONS AND RIGHTS PROTECTED

    Chapter I General Obligations

    Article 1. Obligation to Respect Rights

  • The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.

  • For the purposes of this Convention, “person” means every human being.

  • 10 - Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, 1997

  • 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 62-69

  • Summary

    Note: the Maastricht Guidelines were adopted by a group of experts meeting at Maastricht, Netherlands between 22 and 26 January 1997 so as to agree what was entailed in the violation of economic, social and cultural rights. They are not legally binding and are now a little dated but still useful in understanding what is meant by some of the terms in treaties protecting such rights.

    INTRODUCTION

    On the occasion of the 10th anniversary of the Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights (hereinafter ‘the Limburg Principles’), a group of more than thirty experts met in Maastricht from 22–26 January 1997 at the invitation of the International Commission of Jurists (Geneva, Switzerland), the Urban Morgan Institute on Human Rights (Cincinnati, Ohio, USA) and the Centre for Human Rights of the Faculty of Law of Maastricht University (the Netherlands). The objective of this meeting was to elaborate on the Limburg Principles as regards the nature and scope of violations of economic, social and cultural rights and appropriate responses and remedies.

    The participants unanimously agreed on the following guidelines which they understand to reflect the evolution of international law since 1986. These guidelines are designed to be of use to all who are concerned with understanding and determining violations of economic, social and cultural rights and in providing remedies thereto, in particular monitoring and adjudicating bodies at the national, regional and international levels.

    THE MAASTRICHT GUIDELINES ON VIOLATIONS OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

    THE SIGNIFICANCE OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS

  • Since the Limburg Principles were adopted in 1986, the economic and social conditions have declined at alarming rates for over 1.6 billion people, while they have advanced also at a dramatic pace for more than a quarter of the world's population. The gap between rich and poor has doubled in the last three decades, with the poorest fifth of the world's population receiving 1.4% of the global income and the richest fifth 85%. The impact of these disparities on the lives of people – especially the poor – is dramatic and renders the enjoyment of economic, social and cultural rights illusory for a significant portion of humanity.

  • 14 - United Nations, Economic and Social Council, Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, 1985

  • 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 92-101

  • Summary

    Note: the Siracusa Principles were adopted by the (now defunct) UN Commission on Human Rights on 28 September 1984, they are not legally binding. U.N. Doc. E/CN.4/1985/4, Annex (1985).

    I. The Limitation Clauses in the Covenant

    A. General Interpretative Principles Relating to the Justification of Limitations

    B. Interpretative Principles Relating to Specific Limitation Clauses

  • i. “prescribed by law”

  • ii. “in a democratic society”

  • iii. “public order (ordre public)”

  • iv. “public health”

  • v. “public morals”

  • vi. “national security”

  • vii. “public safety”

  • viii. “rights and freedoms of others,” or “rights and reputations of others”

  • ix. “restrictions on public trial”

    • II. Derogations in a Public Emergency

  • A. “Public Emergency Which Threatens the Life of the Nation”

  • B. Proclamation, Notification, and Termination of a Public Emergency

  • C. “Strictly Required by the Exigencies of the Situation”

  • D. Non-Derogable Rights

  • E. Some General Principles on the Introduction and Application of a Public Emergency and Consequent Derogation Measures

  • F. Recommendations Concerning the Functions and Duties of the Human Rights Committee and United Nations Bodies

    • PART I THE LIMITATION CLAUSES IN THE COVENANT

    A. GENERAL INTERPRETATIVE PRINCIPLES RELATING TO THE JUSTIFICATION OF LIMITATIONS*

    (* The term “limitations” in these principles include the term “restrictions” as used in the Covenant.)

  • No limitations or grounds for applying them to rights guaranteed by the Covenant are permitted other than those contained in the terms of the Covenant itself.

  • The scope of a limitation referred to in the Covenant shall not be interpreted so as to jeopardize the essence of the right concerned.

  • All limitation clauses shall be interpreted strictly and in favor of the rights at issue.

  • All limitations shall be interpreted in the light and context of the particular right concerned.

  • All limitations on a right recognized by the Covenant shall be provided for by law and be compatible with the objects and purposes of the Covenant.

  • No limitation referred to in the Covenant shall be applied for any purpose other than that for which it has been prescribed.

  • No limitation shall be applied in an arbitrary manner.

  • Every limitation imposed shall be subject to the possibility of challenge to and remedy against its abusive application.

  • No limitation on a right recognized by the Covenant shall discriminate contrary to Article 2, paragraph 1.

  • 74 - ASEAN Human Rights Declaration (AHRD) 2012

  • 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 629-634

  • Summary

    Note: Adopted Phnom Penh, Cambodia 18 November 2012.

    WE, the Heads of State/Government of the Member States of the Association of Southeast Asian Nations (hereinafter referred to as “ASEAN”), namely Brunei Darussalam, the Kingdom of Cambodia, the Republic of Indonesia, the Lao People's Democratic Republic, Malaysia, the Republic of the Union of Myanmar, the Republic of the Philippines, the Republic of Singapore, the Kingdom of Thailand and the Socialist Republic of Viet Nam, on the occasion of the 21st ASEAN Summit in Phnom Penh, Cambodia.

    REAFFIRMING our adherence to the purposes and principles of ASEAN as enshrined in the ASEAN Charter, in particular the respect for and promotion and protection of human rights and fundamental freedoms, as well as the principles of democracy, the rule of law and good governance;

    REAFFIRMING FURTHER our commitment to the Universal Declaration of Human Rights, the Charter of the United Nations, the Vienna Declaration and Programme of Action, and other international human rights instruments to which ASEAN Member States are parties;

    REAFFIRMING ALSO the importance of ASEAN's efforts in promoting human rights, including the Declaration of the Advancement of Women in the ASEAN Region and the Declaration on the Elimination of Violence against Women in the ASEAN Region;

    CONVINCED that this Declaration will help establish a framework for human rights cooperation in the region and contribute to the ASEAN community building process;

    HEREBY DECLARE AS FOLLOWS:

    General Principles

  • All persons are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of humanity.

  • Every person is entitled to the rights and freedoms set forth herein, without distinction of any kind, such as race, gender, age, language, religion, political or other opinion, national or social origin, economic status, birth, disability or other status.

  • Every person has the right of recognition everywhere as a person before the law. Every person is equal before the law. Every person is entitled without discrimination to equal protection of the law.

  • The rights of women, children, the elderly, persons with disabilities, migrant workers, and vulnerable and marginalised groups are an inalienable, integral and indivisible part of human rights and fundamental freedoms.

Page 382 of 1233