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24650 results in Public International Law

Page 383 of 1233

  • 15 - Convention on the Elimination of All Forms of Discrimination Against Women, 1979

  • 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 102-112

  • Summary

    Note: adopted by General Assembly Resolution. 34/180, on 18 December 1979, 34 U.N. GAOR Supp. (No. 46) at p.193, U.N. Doc. A/34/46, 1249 UNTS 13. Entry into force: 3 September 1981.

    The States Parties to the present Convention,

    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,

    Noting that the Universal Declaration of Human Rights affirms the principle of the inadmissibility of discrimination and 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,

    Noting that the States Parties to the International Covenants on Human Rights have the obligation to ensure the equal rights of men and women to enjoy all economic, social, cultural, civil and political rights,

    Considering the international conventions concluded under the auspices of the United Nations and the specialized agencies promoting equality of rights of men and women,

    Noting also the resolutions, declarations and recommendations adopted by the United Nations and the specialized agencies promoting equality of rights of men and women,

    Concerned, however, that despite these various instruments extensive discrimination against women continues to exist,

    Recalling that discrimination against women violates the principles of equality of rights and respect for human dignity, is an obstacle to the participation of women, on equal terms with men, in the political, social, economic and cultural life of their countries, hampers the growth of the prosperity of society and the family and makes more difficult the full development of the potentialities of women in the service of their countries and of humanity,

    Concerned that in situations of poverty women have the least access to food, health, education, training and opportunities for employment and other needs,

    Convinced that the establishment of the new international economic order based on equity and justice will contribute significantly towards the promotion of equality between men and women,

    Emphasizing that the eradication of apartheid, all forms of racism, racial discrimination, colonialism, neo-colonialism, aggression, foreign occupation and domination and interference in the internal affairs of States is essential to the full enjoyment of the rights of men and women,

  • 57 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111)

  • 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 497-500

  • Summary

    Note: Convention Concerning Discrimination in Respect of Employment and Occupation. Adopted Geneva, 42nd ILC session, 25 June 1958. Entry into force: 15 June 1960.

    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 Forty-second Session on 4 June 1958, and

    Having decided upon the adoption of certain proposals with regard to discrimination in the field of employment and occupation, which is the fourth item on the agenda of the session, and

    Having determined that these proposals shall take the form of an international Convention, and

    Considering that the Declaration of Philadelphia affirms that all human beings, irrespective of race, creed or sex, have the right to pursue both their material well-being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity, and

    Considering further that discrimination constitutes a violation of rights enunciated by the Universal Declaration of Human Rights, adopts this twenty-fifth day of June of the year one thousand nine hundred and fifty-eight the following Convention, which may be cited as the Discrimination (Employment and Occupation) Convention, 1958:

    Article 1

    1. For the purpose of this Convention the term discrimination includes–

  • (a) any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation;

  • (b) such other distinction, exclusion or preference which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation as may be determined by the Member concerned after consultation with representative employers’ and workers’ organisations, where such exist, and with other appropriate bodies.

    • 2. Any distinction, exclusion or preference in respect of a particular job based on the inherent requirements thereof shall not be deemed to be discrimination.

    3. For the purpose of this Convention the terms employment and occupation include access to vocational training, access to employment and to particular occupations, and terms and conditions of employment.

  • 64 - International Monetary Fund, 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 540-540

  • Summary

    Note: Introductory Article and Article I only. Adopted by the United Nations Monetary and Financial Conference, Bretton Woods, 1–22 July 1944.

    Introductory Article

  • (i) The International Monetary Fund is established and shall operate in accordance with the provisions of this Agreement as originally adopted and subsequently amended.

  • (ii) To enable the Fund to conduct its operations and transactions, the Fund shall maintain a General Department and a Special Drawing Rights Department. Membership in the Fund shall give the right to participation in the Special Drawing Rights Department.

  • (iii) Operations and transactions authorized by this Agreement shall be conducted through the General Department, consisting in accordance with the provisions of this Agreement of the General Resources Account, the Special Disbursement Account, and the Investment Account; except that operations and transactions involving special drawing rights shall be conducted through the Special Drawing Rights Department.

    • Article I: Purposes

    The purposes of the International Monetary Fund are:

  • (i) To promote international monetary cooperation through a permanent institution which provides the machinery for consultation and collaboration on international monetary problems.

  • (ii) To facilitate the expansion and balanced growth of international trade, and to contribute thereby to the promotion and maintenance of high levels of employment and real income and to the development of the productive resources of all members as primary objectives of economic policy.

  • (iii) To promote exchange stability, to maintain orderly exchange arrangements among members, and to avoid competitive exchange depreciation.

  • (iv) To assist in the establishment of a multilateral system of payments in respect of current transactions between members and in the elimination of foreign exchange restrictions which hamper the growth of world trade.

  • (v) To give confidence to members by making the general resources of the Fund temporarily available to them under adequate safeguards, thus providing them with opportunity to correct maladjustments in their balance of payments without resorting to measures destructive of national or international prosperity.

  • (vi) In accordance with the above, to shorten the duration and lessen the degree of disequilibrium in the international balances of payments of members.

  • 53 - Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87)

  • 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 481-485

  • Summary

    Note: Convention Concerning Freedom of Association and Protection of the Right to Organise. Adopted San Francisco, 31st ILC session, 9 July 1948. Entry into force: 4 July 1950.

    PREAMBLE

    The General Conference of the International Labour Organisation,

    Having been convened at San Francisco by the Governing Body of the International Labour Office, and having met in its Thirty-first Session on 17 June 1948;

    Having decided to adopt, in the form of a Convention, certain proposals concerning freedom of association and protection of the right to organise, which is the seventh item on the agenda of the session;

    Considering that the Preamble to the Constitution of the International Labour Organisation declares “recognition of the principle of freedom of association” to be a means of improving conditions of labour and of establishing peace;

    Considering that the Declaration of Philadelphia reaffirms that “freedom of expression and of association are essential to sustained progress”;

    Considering that the International Labour Conference, at its Thirtieth Session, unanimously adopted the principles which should form the basis for international regulation;

    Considering that the General Assembly of the United Nations, at its Second Session, endorsed these principles and requested the International Labour Organisation to continue every effort in order that it may be possible to adopt one or several international Conventions;

    adopts this ninth day of July of the year one thousand nine hundred and forty-eight the following Convention, which may be cited as the Freedom of Association and Protection of the Right to Organise Convention, 1948:

    PART I. FREEDOM OF ASSOCIATION

    Article 1

    Each Member of the International Labour Organisation for which this Convention is in force undertakes to give effect to the following provisions.

    Article 2

    Workers and employers, without distinction whatsoever, shall have the right to establish and, subject only to the rules of the organisation concerned, to join organisations of their own choosing without previous authorisation.

    Article 3

  • Workers’ and employers’ organisations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organise their administration and activities and to formulate their programmes.

  • The public authorities shall refrain from any interference which would restrict this right or impede the lawful exercise thereof.

  • 80 - Protocol No. 7 to the Convention for the Protection of Human Rights and Fundamental Freedoms, 1984 (Seventh 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 657-659

  • Summary

    Note: Protocol No. 7 to the 1950 European Convention for the Protection of Human Rights and Fundamental Freedoms. Adopted Strasbourg, 22 November 1984. ETS No. 117. Entry into force: 1 November 1988.

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

    Being resolved to take further steps to ensure the collective enforcement of certain rights and freedoms by means of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”),

    Have agreed as follows:

    Article 1 Procedural safeguards relating to expulsion of aliens

    1. An alien lawfully resident in the territory of a State shall not be expelled therefrom except in pursuance of a decision reached in accordance with law and shall be allowed:

  • (a) to submit reasons against his expulsion,

  • (b) to have his case reviewed, and

  • (c) to be represented for these purposes before the competent authority or a person or persons designated by that authority.

    • 2. An alien may be expelled before the exercise of his rights under paragraph 1(a), (b) and (c) of this Article, when such expulsion is necessary in the interests of public order or is grounded on reasons of national security.

    Article 2 Right of appeal in criminal matters

  • Everyone convicted of a criminal offence by a tribunal shall have the right to have his conviction or sentence reviewed by a higher tribunal. The exercise of this right, including the grounds on which it may be exercised, shall be governed by law.

  • This right may be subject to exceptions in regard to offences of a minor character, as prescribed by law, or in cases in which the person concerned was tried in the first instance by the highest tribunal or was convicted following an appeal against acquittal.

  • 99 - Covenant on the Rights of the Child in Islam, 2004

  • from Part XI - Organisation of Islamic Cooperation, Arab and Islamic States
  • Edited by Urfan Khaliq, Cardiff University
  • Book:
    International Human Rights Law Documents
    Published online:
    12 December 2018
    Print publication:
    25 October 2018, pp 798-806

  • Summary

    Note: The Covenant was finalised in 2004 (see OIC/9-IGGE/HRI/2004/Rep.Final) and was formally adopted at the 32nd Islamic Conference of Foreign Ministers, Sana'a, Yemen, 28–30 June 2005 under the auspices of the Organisation of the Islamic Conference. Not yet in force. The English language text reproduced is the official version provided by the OIC.

    The States Parties to this Covenant,

    Believing that the values and principles constitute the patterns of behavior of Muslim society in such a way as to realize security, stability, development and progress for the society within the family environment, which is the cornerstone of the social edifice,

    Proceeding from Islamic efforts on issues of childhood, which contributed to the development of the 1989 United Nations Convention on the Rights of the Child,

    Cognizant of the objectives of the Organization of the Islamic Conference enshrined in its Charter and its Summit and Ministerial Conferences resolutions and of international conventions signed by its Member States;

    Affirming the principles contained in the Dhaka Declaration on Human Rights in Islam adopted by the 14th Islamic Conference of Foreign Ministers in December 1983 and the Cairo Declaration on Human Rights in Islam adopted by the 14th ICFM under resolution No. 49/19-P (1990) and in the Declaration on the Rights and Care of the Child in Islam adopted by the Seventh Islamic Summit Conference under resolution No. 16/7-C (1994),

    Affirming the civilisational and historic role of the Islamic Ummah and in contributing to the international efforts on human rights,

    Believing that basic rights and public freedoms in Islam are an integral part thereof that no one has a prerogative to interrupt, violate, or disregard;

    Aware of the enormous responsibility towards the Child in particular as the vanguard and maker of the future of the Ummah;

    Seeking to enhance Islamic performance in the Child sector so as to adapt frameworks and mechanisms to face the ever-accelerating changes and transformations and their repercussions on that sector;

  • 35 - United Nations Millennium Declaration, 2000

  • 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 295-302

  • Summary

    Note: The Declaration was adopted by General Assembly Resolution A/55/L.2 on 8 September 2000.

    The General Assembly

    Adopts the following Declaration:

    UNITED NATIONS MILLENNIUM DECLARATION

    I. Values and principles

  • We, heads of State and Government, have gathered at United Nations Headquarters in New York from 6 to 8 September 2000, at the dawn of a new millennium, to reaffirm our faith in the Organization and its Charter as indispensable foundations of a more peaceful, prosperous and just world.

  • We recognize that, in addition to our separate responsibilities to our individual societies, we have a collective responsibility to uphold the principles of human dignity, equality and equity at the global level. As leaders we have a duty therefore to all the world's people, especially the most vulnerable and, in particular, the children of the world, to whom the future belongs.

  • We reaffirm our commitment to the purposes and principles of the Charter of the United Nations, which have proved timeless and universal. Indeed, their relevance and capacity to inspire have increased, as nations and peoples have become increasingly interconnected and interdependent.

  • We are determined to establish a just and lasting peace all over the world in accordance with the purposes and principles of the Charter. We rededicate ourselves to support all efforts to uphold the sovereign equality of all States, respect for their territorial integrity and political independence, resolution of disputes by peaceful means and in conformity with the principles of justice and international law, the right to self-determination of peoples which remain under colonial domination and foreign occupation, non-interference in the internal affairs of States, respect for human rights and fundamental freedoms, respect for the equal rights of all without distinction as to race, sex, language or religion and international cooperation in solving international problems of an economic, social, cultural or humanitarian character.

  • We believe that the central challenge we face today is to ensure that globalization becomes a positive force for all the world's people. For while globalization offers great opportunities, at present its benefits are very unevenly shared, while its costs are unevenly distributed. We recognize that developing countries and countries with economies in transition face special difficulties in responding to this central challenge.

  • 88 - Additional Protocol to the European Social Charter Providing for a System of Collective Complaints, 1995

  • 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 694-697

  • Summary

    Note: Additional Protocol to the European Social Charter Providing for a System of Collective Complaints, adopted Strasbourg, 9 November 1995. ETS No. 158. Entry into force: 1 July 1998.

    PREAMBLE

    The member States of the Council of Europe, signatories to this Protocol to the European Social Charter, opened for signature in Turin on 18 October 1961 (hereinafter referred to as “the Charter”),

    Resolved to take new measures to improve the effective enforcement of the social rights guaranteed by the Charter;

    Considering that this aim could be achieved in particular by the establishment of a collective complaints procedure, which, inter alia, would strengthen the participation of management and labour and of non-governmental organisations,

    Have agreed as follows:

    Article 1

    The Contracting Parties to this Protocol recognise the right of the following organisations to submit complaints alleging unsatisfactory application of the Charter:

  • a international organisations of employers and trade unions referred to in paragraph 2 of Article 27 of the Charter;

  • b other international non-governmental organisations which have consultative status with the Council of Europe and have been put on a list established for this purpose by the Governmental Committee;

  • c representative national organisations of employers and trade unions within the jurisdiction of the Contracting Party against which they have lodged a complaint.

    • Article 2

  • Any Contracting State may also, when it expresses its consent to be bound by this Protocol, in accordance with the provisions of Article 13, or at any moment thereafter, declare that it recognises the right of any other representative national non-governmental organisation within its jurisdiction which has particular competence in the matters governed by the Charter, to lodge complaints against it.

  • Such declarations may be made for a specific period.

  • The declarations shall be deposited with the Secretary General of the Council of Europe who shall transmit copies thereof to the Contracting Parties and publish them.

    • Article 3

    The international non-governmental organisations and the national non-governmental organisations referred to in Article 1.b and Article 2 respectively may submit complaints in accordance with the procedure prescribed by the aforesaid provisions only in respect of those matters regarding which they have been recognised as having particular competence.

  • 21 - Optional Protocol to the Convention on the Rights of the Child on the Sale of Children, Child Prostitution and Child Pornography, 2000

  • 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 162-168

  • Summary

    Note: Adopted by General Assembly Resolution A/RES/54/263 of 25 May 2000, 2171 UNTS 227. Entry into force: 18 January 2002.

    The States Parties to the present Protocol,

    Considering that, in order further to achieve the purposes of the Convention on the Rights of the Child and the implementation of its provisions, especially articles 1, 11, 21, 32, 33, 34, 35 and 36, it would be appropriate to extend the measures that States Parties should undertake in order to guarantee the protection of the child from the sale of children, child prostitution and child pornography,

    Considering also that the Convention on the Rights of the Child recognizes the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development,

    Gravely concerned at the significant and increasing international traffic in children for the purpose of the sale of children, child prostitution and child pornography,

    Deeply concerned at the widespread and continuing practice of sex tourism, to which children are especially vulnerable, as it directly promotes the sale of children, child prostitution and child pornography,

    Recognizing that a number of particularly vulnerable groups, including girl children, are at greater risk of sexual exploitation and that girl children are disproportionately represented among the sexually exploited,

    Concerned about the growing availability of child pornography on the Internet and other evolving technologies, and recalling the International Conference on Combating Child Pornography on the Internet, held in Vienna in 1999, in particular its conclusion calling for the worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography, and stressing the importance of closer cooperation and partnership between Governments and the Internet industry,

    Believing that the elimination of the sale of children, child prostitution and child pornography will be facilitated by adopting a holistic approach, addressing the contributing factors, including underdevelopment, poverty, economic disparities, inequitable socio-economic structure, dysfunctioning families, lack of education, urban-rural migration, gender discrimination, irresponsible adult sexual behaviour, harmful traditional practices, armed conflicts and trafficking in children,

  • 86 - Additional Protocol to the European Social Charter, 1988

  • 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 685-689

  • Summary

    Note: Additional Protocol to the European Social Charter. Adopted Strasbourg, 5 May 1988. ETS No. 128. Entry into force: 4 September 1992.

    PREAMBLE

    The member States of the Council of Europe signatory hereto,

    Resolved to take new measures to extend the protection of the social and economic rights guaranteed by the European Social Charter, opened for signature in Turin on 18 October 1961 (hereinafter referred to as “the Charter”),

    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:

  • All workers have the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex.

  • Workers have the right to be informed and to be consulted within the undertaking.

  • Workers have the right to take part in the determination and improvement of the working conditions and working environment in the undertaking.

  • Every elderly person has the right to social protection.

    • PART II

    The Parties undertake, as provided for in Part III, to consider themselves bound by the obligations laid down in the following articles:

    Article 1 – Right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex

    1. With a view to ensuring the effective exercise of the right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex, the Parties undertake to recognise that right and to take appropriate measures to ensure or promote its application in the following fields:

  • – access to employment, protection against dismissal and occupational resettlement;

  • – vocational guidance, training, retraining and rehabilitation;

  • – terms of employment and working conditions including remuneration;

  • – career development including promotion.

    • 2. Provisions concerning the protection of women, particularly as regards pregnancy, confinement and the post-natal period, shall not be deemed to be discrimination as referred to in paragraph 1 of this article.

    3. Paragraph 1 of this article shall not prevent the adoption of specific measures aimed at removing de facto inequalities.

  • 77 - Protocol to the Convention for the Protection of Human Rights and Fundamental Freedoms, 1952 (First 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 651-652

  • Summary

    Note: Adopted, Paris, 20 March 1952. ETS No. 9. Entry into force: 18 May 1954.

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

    Being resolved to take steps to ensure the collective enforcement of certain rights and freedoms other than those already included in Section I of the Convention for the Protection of Human Rights and Fundamental Freedoms signed at Rome on 4 November 1950 (hereinafter referred to as “the Convention”),

    Have agreed as follows:

    Article 1 Protection of property

    Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

    The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.

    Article 2 Right to education

    No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

    Article 3 Right to free elections

    The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.

    Article 4 Territorial application

    Any High Contracting Party may at the time of signature or ratification or at any time thereafter communicate to the Secretary General of the Council of Europe a declaration stating the extent to which it undertakes that the provisions of the present Protocol shall apply to such of the territories for the international relations of which it is responsible as are named therein.

International Human Rights Law Documents
  • Edited by Urfan Khaliq
  • Published online:
    12 December 2018
    Print publication:
    25 October 2018
  • This accessible collection of important international human rights documents is an essential resource for students and researchers of international human rights law. In addition to standard instruments such as the Universal Declaration, the 1966 United Nations Covenants and the European Convention and its Protocols, the volume also features topics and documents such as all core UN human rights treaties and their protocols, key international labour instruments and the obligations of the global financial organisations and multi-national corporations. Taking a broad and historical approach, the collection also incorporates Inter-American, African, Asian and Arab instruments alongside older UN documents and numerous soft law documents. Its approach reflects the diverse nature of international human rights law and the courses which now seek to teach it. This book is also valuable for students of international law, global governance and other courses which discuss the law of international human rights.

  • 26 - International Convention for the Protection of All Persons from Enforced Disappearance, 2006

  • 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 240-255

  • Summary

    Note: adopted on 20 December 2006, by General Assembly Resolution 61/177, 2716 UNTS 3. Entry into force: 23 December 2010.

    The States Parties to this Convention,

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

    Having regard to the Universal Declaration of Human Rights,

    Recalling the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the other relevant international instruments in the fields of human rights, humanitarian law and international criminal law,

    Also recalling the Declaration on the Protection of All Persons from Enforced Disappearance adopted by the General Assembly of the United Nations in its resolution 47/133 of 18 December 1992,

    Aware of the extreme seriousness of enforced disappearance, which constitutes a crime and, in certain circumstances defined in international law, a crime against humanity,

    Determined to prevent enforced disappearances and to combat impunity for the crime of enforced disappearance,

    Considering the right of any person not to be subjected to enforced disappearance, the right of victims to justice and to reparation,

    Affirming the right of any victim to know the truth about the circumstances of an enforced disappearance and the fate of the disappeared person, and the right to freedom to seek, receive and impart information to this end,

    Have agreed on the following articles:

    PART I

    Article 1

  • No one shall be subjected to enforced disappearance.

  • No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.

    • Article 2

    For the purposes of this Convention, “enforced disappearance” is considered to be the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

  • 62 - ILO Declaration on Social Justice for a Fair Globalization, 2008

  • 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 528-536

  • Summary

    Note: Adopted by the International Labour Conference, Geneva, 97th session, 10 June 2008.

    The International Labour Conference, meeting in Geneva on the occasion of its Ninety-seventh Session,

    Considering that the present context of globalization, characterized by the diffusion of new technologies, the flow of ideas, the exchange of goods and services, the increase in capital and financial flows, the internationalization of business and business processes and dialogue as well as the movement of persons, especially working women and men, is reshaping the world of work in profound ways:

  • • on the one hand, the process of economic cooperation and integration has helped a number of countries to benefit from high rates of economic growth and employment creation, to absorb many of the rural poor into the modern urban economy, to advance their developmental goals, and to foster innovation in product development and the circulation of ideas;

  • • on the other hand, global economic integration has caused many countries and sectors to face major challenges of income inequality, continuing high levels of unemployment and poverty, vulnerability of economies to external shocks, and the growth of both unprotected work and the informal economy, which impact on the employment relationship and the protections it can offer;

    • Recognizing that achieving an improved and fair outcome for all has become even more necessary in these circumstances to meet the universal aspiration for social justice, to reach full employment, to ensure the sustainability of open societies and the global economy, to achieve social cohesion and to combat poverty and rising inequalities;

    Convinced that the International Labour Organization has a key role to play in helping to promote and achieve progress and social justice in a constantly changing environment:

    • based on the mandate contained in the ILO Constitution, including the Declaration of Philadelphia (1944), which continues to be fully relevant in the twenty-first century and should inspire the policy of its Members and which, among other aims, purposes and principles:

  • – affirms that labour is not a commodity and that poverty anywhere constitutes a danger to prosperity everywhere;

Page 383 of 1233